1406 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Proposed Rules 

1 89 FR 85590. 

2RSI’s comment may be viewed here: https://

www.regulations.gov/document/PHMSA-2018- 

0080-0005. 

3American Chemistry Council, the American 

Petroleum Institute, the Chlorine Institute, the 

Fertilizer Institute, and the Sulfur Institute’s 

comment may be viewed here: https://

www.regulations.gov/comment/PHMSA-2018-0080- 

0006. 

I. Background 

On October 28, 2024, PHMSA 

published the HM–265 NPRM.1 In this 

NPRM, PHMSA, in consultation with 

the Federal Motor Carrier Safety 

Administration, the Federal Railroad 

Administration, and the United States 

Coast Guard, proposed amendments 

identified during Departmental review 

and from industry petitions for 

rulemaking, to reform modal specific 

requirements for the transportation of 

hazardous materials set out in the HMR, 

49 Code of Federal Regulations (CFR) 

parts 107 and 171 through 180. PHMSA 

expects the adoption of these proposals 

will maintain or enhance the safe 

transportation of hazardous materials 

while increasing the clarity of the HMR, 

and therefore decrease compliance 

burdens. The proposed amendments 

also reflect changing conditions and 

trends that affect the safe transportation 

of hazardous materials while still 

maintaining or enhancing safety. 

II. Comment Period Extension 

PHMSA initially provided a 90-day 

comment period for the HM–265 NPRM, 

which closes on January 27, 2025. In 

response to a request to extend the 

comment period from the RSI,2 and 

subsequent comment 3 by the American 

Chemistry Council, the American 

Petroleum Institute, the Chlorine 

Institute, the Fertilizer Institute, and the 

Sulfur Institute, PHMSA is extending 

the comment period for an additional 90 

days. RSI requested an extension to 

allow sufficient time to address the 

complexities of the proposed 

amendments for the NPRM and because 

the timing of the initial comment period 

is such that it spans the winter holiday 

season, which will hamper the ability of 

interested parties to submit timely 

comments. PHMSA acknowledges the 

impact of the winter holiday season on 

stakeholders’ ability to comment and 

believes a 90-day extension has merit. 

The NPRM comment period will now 

close on April 28, 2025. This extension 

provides the public with an additional 

90 days and should provide adequate 

opportunity for the public to submit 

comments, while balancing the public 

interest in timely completion of the final 

rule. To the extent possible, PHMSA 

will also continue to consider late-filed 

comments. 

Issued in Washington, DC, on December 

20, 2024, under authority delegated in 49 

CFR part 1.97. 

William A. Quade, 

Deputy Associate Administrator of Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2024–31077 Filed 1–7–25; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 604 

[Docket No. FTA–2024–0017] 

RIN 2132–AB38 

Charter Service 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Federal Transit 

Administration (FTA) is proposing to 

amend regulations that govern the 

provision of charter service by 

recipients of Federal financial 

assistance. The proposed changes will 

remove the Federal Financial Assistance 

Programs listed in an appendix and the 

guidance in additional appendices and 

make non-substantive technical edits 

throughout to remove outdated citations 

and provide clarity. 

DATES: Comments should be filed by 

March 10, 2025. FTA will consider 

comments received after that date to the 

extent practicable. 

ADDRESSES: You may send comments, 

identified by docket number FTA– 

2024–0017, by any of the following 

methods: 

• Federal Rulemaking Portal: https:// 

www.regulations.gov. Follow the 

instructions for sending comments. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery/Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. All comments received will 

be posted without change to https://

www.regulations.gov, including any 

personal information provided. Docket: 

For access to the docket to read 

background documents or comments 

received, go to https://

www.regulations.gov. Background 

documents and comments received may 

also be viewed at the U.S. Department 

of Transportation, 1200 New Jersey Ave. 

SE, Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m. EST, Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

program matters, Danielle Nelson, 

Office of Program Management, (202) 

366–2160 or danielle.nelson@dot.gov. 

For legal matters, contact Mark 

Montgomery, Office of Chief Counsel, 

(202) 366–1017 or mark.montgomery@

dot.gov. Office hours are from 8:30 a.m. 

to 5 p.m., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose and Summary of Regulatory 

Action 

B. Statutory Authority 

C. Summary of Major Provisions 

D. Benefits and Costs 

II. Section-by-Section Analysis 

III. Regulatory Analyses and Notices 

I. Executive Summary 

A. Purpose and Summary of Regulatory 

Action 

FTA is proposing to amend 

regulations which govern the provision 

of charter service by recipients of 

Federal financial assistance. The charter 

service regulation protects private 

charter operators from unauthorized 

competition from FTA grant recipients. 

Under the charter rules, with limited 

exceptions, local transit agencies are 

restricted from operating chartered 

service. One of those exceptions applies 

to charter service provided to a qualified 

human service organization (QHSO) for 

the purpose of serving persons with 

mobility limitations related to advanced 

age, disability, or low income. Under 

the current rule, QHSOs receiving 

funding from one of the Federal 

programs under appendix A are exempt 

from the charter registration 

requirements of the regulation. This 

appendix, created in 2008, is outdated. 

Through this rulemaking, FTA proposes 

to remove appendix A and keep the list 

of qualifying Federal programs for the 

QHSO exception current on its website, 

which will reduce the administrative 


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burden of charter registration for many 

QHSOs. 

B. Statutory Authority 

FTA has a statutory mandate to 

prohibit charter service under 49 U.S.C. 

5323(d). The proposed revisions do not 

make substantive changes to the existing 

regulations implementing this statutory 

provision. 

C. Summary of Key Provisions 

FTA proposes to remove the outdated 

list of Federal programs in appendix A. 

Under the current regulation, QHSOs 

receiving funding from one of the 

Federal programs under appendix A are 

exempt from the charter registration 

requirements of § 604.15. Appendix A is 

based on a list of programs from the 

Coordinating Council on Access and 

Mobility (CCAM), which is a Federal 

interagency council that works to 

coordinate funding and provide 

expertise on human services 

transportation for people with 

disabilities, older adults, and 

individuals with low income. CCAM 

established the CCAM Program 

Inventory, which identifies 130 Federal 

programs that provide funding for 

human services transportation for these 

targeted populations. In 2018 and 2019, 

CCAM agency representatives 

determined which programs to include 

in the CCAM Program Inventory 

through internal agency program 

validation efforts and the CCAM 

Program Analysis Working Sessions. 

CCAM continually updates this 

inventory to include new Federal 

funding sources. 

D. Benefits and Costs 

The proposed rule would relocate 

supplemental information in the 

appendices of the Charter Service 

regulation to the FTA website. The rule 

would change no requirements for 

regulated entities and therefore has no 

expected economic effect. FTA has also 

determined that the proposed rule 

would not have a significant effect on a 

substantial number of small entities. 

II. Section-by-Section Analysis 

Subpart A—General Provisions 

Section 604.1 Purpose 

FTA does not propose changes to this 

section. 

Section 604.2 Applicability 

FTA proposes to update the 

applicability section of the regulation to 

remove programs repealed by statute. 

Specifically, FTA proposes to remove 

references to the Over the Road Bus 

Accessibility Program, the Job Access 

and Reverse Commute Program, and the 

New Freedom Grant Program, which 

were repealed under the Moving Ahead 

for Progress in the 21st Century (MAP– 

21), Public Law 112–141, on October 1, 

2012. 

604.3 Definitions 

FTA proposes to remove a reference 

to a provision repealed by statute and 

amend a statutory citation. Throughout 

the regulation, FTA proposes to utilize 

the term ‘‘website’’ rather than the 

outdated ‘‘Web site.’’ Further, FTA 

proposes to revise the existing 

definitions of ‘‘program purposes’’ for 

clarity. FTA also proposes to revise the 

existing definition of ‘‘qualified human 

service organization’’ to more closely 

align with the definition of 

‘‘transportation-disadvantaged’’ under 

Executive Order 13330, Human Service 

Transportation Coordination (February 

24, 2004), which is the Executive order 

that created CCAM. These amendments 

do not impact existing requirements. 

604.4 Charter Service Agreement 

FTA does not propose changes to this 

section. 

Subpart B—Exceptions 

Section 604.5 Purpose 

FTA proposes to remove the 

undefined term ‘‘community-based’’ 

from this section for clarity. The term 

‘‘charter service’’ is defined under 

§ 604.3 and does not need that qualifier. 

This change would not impact existing 

requirements. 

Section 604.6 Government Officials on 

Official Government Business 

FTA does not propose changes to this 

section. 

Section 604.7 Qualified Human 

Service Organizations 

FTA proposes to remove the outdated 

list of Federal programs in appendix A 

and clarify in this section that QHSOs 

receiving funding under one or more of 

the programs in the CCAM Program 

Inventory are not required to register on 

the FTA charter service website to 

receive charter service from a recipient. 

Section 604.8 Leasing FTA Funded 

Equipment and Drivers 

FTA does not propose changes to this 

section. 

Section 604.9 When No Registered 

Charter Provider Responds to Notice 

From a Recipient 

FTA does not propose changes to this 

section. 

Section 604.10 Agreement With 

Registered Charter Providers 

FTA does not propose changes to this 

section. 

Section 604.11 Petitions to the 

Administrator 

FTA adds clarifying language to this 

section that does not impact existing 

requirements. 

Section 604.12 Reporting 

Requirements for All Exceptions 

FTA removes an outdated reference 

that does not impact existing 

requirements. 

Subpart C—Procedures for Registration 

and Notification 

Section 604.13 Registration of Private 

Charter Operators 

FTA proposes to add clarifying 

language and remove an outdated web 

address. These amendments do not 

impact existing requirements. 

Section 604.14 Recipient’s Notification 

to Registered Charter Providers 

FTA proposes to remove an outdated 

web address. The amendment does not 

impact existing requirements. 

Subpart D—Registration of Qualified 

Human Service Organizations and 

Duties for Recipients With Respect to 

Charter Registration Website 

Section 604.15 Registration of 

Qualified Human Service Organizations 

FTA proposes to add language that 

clarifies that only QHSOs that do not 

receive funding from one of the 

programs in the CCAM Program 

Inventory are required to register on the 

FTA charter service website. This 

amendment maintains the existing 

eligibility for QHSOs to receive charter 

service from an FTA recipient. 

Section 604.16 Duties for Recipients 

With Respect to Charter Registration 

Website 

FTA does not propose changes to this 

section. 

Subpart E—Advisory Opinions and 

Cease and Desist Orders 

Section 604.17 Purpose 

FTA does not propose changes to this 

section. 

Section 604.18 Request for an 

Advisory Opinion 

FTA does not propose changes to this 

section. 


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Section 604.19 Processing of Advisory 

Opinions 

FTA proposes a grammatical change 

that does not impact existing 

requirements. 

Section 604.20 Effect of an Advisory 

Opinion 

FTA does not propose changes to this 

section. 

Section 604.21 Special Considerations 

for Advisory Opinions 

FTA does not propose changes to this 

section. 

Section 604.22 Request for a Cease and 

Desist Order 

FTA proposes to amend a 

typographical error that does not impact 

existing requirements. 

Section 604.23 Decisions by the Chief 

Counsel Regarding Cease and Desist 

Orders 

FTA proposes to reorder existing 

§§ 604.23 and 604.24 for clarity. 

Section 604.24 Effect of a Cease and 

Desist Order 

FTA proposes to remove paragraph (b) 

of existing § 604.23 as duplicative with 

paragraph (b) of existing § 604.24. 

Subpart F—Complaints 

Section 604.25 Purpose 

FTA does not propose changes to this 

section. 

Section 604.26 Complaints and 

Decisions Regarding Removal of Private 

Charter Operators or Qualified Human 

Service Organizations From Registration 

List 

FTA does not propose changes to this 

section. 

Section 604.27 Complaints, Answers, 

Replies, and Other Documents 

FTA proposes to combine paragraphs 

(f) and (h) of this section for clarity. The 

amendment does not impact existing 

requirements. 

Section 604.28 Dismissals 

FTA does not propose changes to this 

section. 

Section 604.29 Incomplete Complaints 

FTA does not propose changes to this 

section. 

Section 604.30 Filing Complaints 

FTA does not propose changes to this 

section. 

Section 604.31 Service 

FTA does not propose changes to this 

section. 

Subpart G—Investigations 

FTA does not propose changes to this 

subpart. 

Subpart H—Decisions by FTA and 

Appointment of a Presiding Official 

(PO) 

Section 604.34 Chief Counsel 

Decisions and Appointment of a PO 

FTA proposes to make a clarifying 

edit that does not impact existing 

requirements. 

Section 604.35 Separation of 

Functions 

FTA does not propose changes to this 

section. 

Subpart I—Hearings 

FTA does not propose changes to this 

subpart. 

Subpart J—Appeal to Administrator and 

Final Agency Orders 

Section 604.48 Appeal From Chief 

Counsel Decision 

FTA does not propose changes to this 

section. 

Section 604.49 Administrator’s 

Discretionary Review of the Chief 

Counsel’s Decision 

FTA proposes non-substantive edits 

to this section. The amendments do not 

impact existing requirements. 

Subpart K—Judicial Review 

FTA does not propose changes to this 

subpart. 

Appendix A—Listing of Human Service 

Financial Assistance Programs 

FTA proposes to remove this 

appendix. 

Appendix B—Reasons for Removal 

FTA proposes to remove this 

appendix. 

Appendix C—Frequently Asked 

Questions 

FTA proposes to remove this 

appendix. 

Appendix D—Table of Potential 

Remedies 

FTA proposes to remove this 

appendix. 

III. Regulatory Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’), as 

supplemented by Executive Order 

13563 (‘‘Improving Regulation and 

Regulatory Review’’) and Executive 

Order 14094 (‘‘Modernizing Regulatory 

Review’’), directs Federal agencies to 

assess the benefits and costs of 

regulations, to select regulatory 

approaches that maximize net benefits 

when possible, and to consider 

economic, environmental, and 

distributional effects. It also directs the 

Office of Management and Budget 

(OMB) to review significant regulatory 

actions, including regulations with 

annual economic effects of $200 million 

or more. OMB has determined the 

proposed rule is not significant within 

the meaning of Executive Order 12866 

and has not reviewed the rule under 

that order. 

The proposed rule would make nonsubstantive conforming edits and 

remove supplemental information in the 

appendices to the Charter Service 

regulation listing Federal financial 

assistance programs and frequently 

asked questions. The proposed rule 

would change no requirements for 

regulated entities and therefore has no 

expected economic effect. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA) (5 U.S.C. 601 et seq.) requires 

Federal agencies to assess the impact of 

a regulation on small entities unless the 

agency determines that the regulation is 

not expected to have a significant 

economic impact on a substantial 

number of small entities. 

The proposed rule would make nonsubstantive conforming edits to the 

regulation and remove supplemental 

information from the appendices but 

would not change requirements for 

regulated entities. FTA has therefore 

determined that the proposed rule 

would not have a significant effect on a 

substantial number of small entities. 

Unfunded Mandates Reform Act of 1995 

FTA has determined that this 

proposed rule does not impose 

unfunded mandates, as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, March 22, 1995). This 

proposed rule does not include a 

Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in 1995 dollars (adjusted for inflation) 

in any one year. Additionally, the 

definition of ‘‘Federal mandate’’ in the 

Unfunded Mandates Reform Act 

excludes financial assistance of the type 

in which State, local, or Tribal 

governments have authority to adjust 

their participation in the program in 

accordance with changes made in the 

program by the Federal Government. 


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1 Department of Transportation Updated 

Environmental Justice Order 5610.2(a): Actions to 

Address Environmental Justice in Minority 

Populations and Low-Income Populations, 77 FR 

27534 (May 10, 2012). https://

www.transportation.gov/transportation-policy/ 

environmental-justice/department-transportationorder-56102a. 

2Federal Transit Administration (February 2020). 

‘‘Environmental Justice Policy Guidance for Federal 

Transit Administration Recipients.’’ https://

www.transit.dot.gov/regulations-and-guidance/ftacirculars/environmental-justice-policy-guidancefederal-transit. 

The Federal Transit Act permits this 

type of flexibility. 

Executive Order 13132 (Federalism 

Assessment) 

Executive Order 13132 requires 

agencies to assure meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that may have a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This action has 

been analyzed in accordance with the 

principles and criteria contained in 

Executive Order 13132, dated August 4, 

1999, and FTA determined this action 

will not have a substantial direct effect 

or sufficient federalism implications on 

the States. FTA also determined this 

action will not preempt any State law or 

regulation or affect the States’ ability to 

discharge traditional State governmental 

functions. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities apply to 

this rulemaking. 

Paperwork Reduction Act 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), and OMB implementing 

regulation at 5 CFR 1320.8(d), FTA is 

seeking approval from OMB for a 

currently approved information 

collection, OMB control number 2132– 

0543, that is associated with the existing 

regulation. FTA believes there will be 

no change in burden hours per 

submission resulting from this 

rulemaking. 

National Environmental Policy Act 

Federal agencies are required to adopt 

implementing procedures for the 

National Environmental Policy Act 

(NEPA) that establish specific criteria 

for, and identification of, three classes 

of actions: (1) Those that normally 

require preparation of an Environmental 

Impact Statement, (2) those that 

normally require preparation of an 

Environmental Assessment, and (3) 

those that are categorically excluded 

from further NEPA review (40 CFR 

1507.3(b)). This rule qualifies for 

categorical exclusions under 23 CFR 

771.118(c)(4) (planning and 

administrative activities that do not 

involve or lead directly to construction). 

FTA has evaluated whether the 

proposed rule will involve unusual or 

extraordinary circumstances and has 

determined that it will not. 

Executive Order 12630 (Taking of 

Private Property) 

FTA has analyzed this proposed rule 

under Executive Order 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. FTA does not believe this 

proposed rule affects a taking of private 

property or otherwise has taking 

implications under Executive Order 

12630. 

Executive Order 12988 (Civil Justice 

Reform) 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

FTA has analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. FTA certifies that this action will 

not cause an environmental risk to 

health or safety that might 

disproportionately affect children. 

Executive Order 13175 (Tribal 

Consultation) 

FTA has analyzed this proposed rule 

under Executive Order 13175, dated 

November 6, 2000, and believes that it 

will not have substantial direct effects 

on one or more Indian Tribes; will not 

impose substantial direct compliance 

costs on Indian Tribal governments; and 

will not preempt tribal laws. Therefore, 

a Tribal summary impact statement is 

not required. 

Executive Order 13211 (Energy Effects) 

FTA has analyzed this action under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. FTA has 

determined that this action is not a 

significant energy action under that 

order and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects is not 

required. 

Executive Order 12898 (Environmental 

Justice) 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations) and DOT 

Order 5610.2(a) (77 FR 27534, May 10, 

2012) 1 require DOT agencies to achieve 

environmental justice (EJ) as part of 

their mission by identifying and 

addressing, as appropriate, 

disproportionately high and adverse 

human health or environmental effects, 

including interrelated social and 

economic effects, of their programs, 

policies, and activities on minority and 

low-income populations. All DOT 

agencies must address compliance with 

Executive Order 12898 and the DOT 

Order in all rulemaking activities. On 

August 15, 2012, FTA’s Circular 4703.1 

became effective, which contains 

guidance for recipients of FTA financial 

assistance to incorporate EJ principles 

into plans, projects, and activities.2

FTA has evaluated this action under 

the Executive order, the DOT Order, and 

the FTA Circular and has determined 

that this action will not cause 

disproportionately high and adverse 

human health and environmental effects 

on minority or low-income populations. 

Regulation Identifier Number 

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 contained in the heading 

of this document can be used to crossreference this proposed rule with the 

Unified Agenda. 

List of Subjects in 49 CFR Part 604 

Administrative practice and 

procedure, Buses, Grant programs— 

transportation, Mass transportation, 

Reporting and recordkeeping 

requirements. 

Veronica Vanterpool, 

Acting Administrator. 

In consideration of the foregoing, and 

under the authority of 49 U.S.C. 

5323(d), and the delegation of authority 

at 49 CFR 1.91, the Federal Transit 

Administration proposes to revise and 

republish 49 CFR part 604 to read as 

follows: 


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1410 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Proposed Rules 

PART 604—CHARTER SERVICE 

Subpart A—General Provisions 

Sec. 

604.1 Purpose. 

604.2 Applicability. 

604.3 Definitions. 

604.4 Charter service agreement. 

Subpart B—Exceptions 

604.5 Purpose. 

604.6 Government officials on official 

government business. 

604.7 Qualified human service 

organizations. 

604.8 Leasing FTA funded equipment and 

drivers. 

604.9 When no registered charter provider 

responds to notice from a recipient. 

604.10 Agreement with registered charter 

providers. 

604.11 Petitions to the Administrator. 

604.12 Reporting requirements for all 

exceptions. 

Subpart C—Procedures for Registration 

and Notification 

604.13 Registration of private charter 

operators. 

604.14 Recipient’s notification to registered 

charter providers. 

Subpart D—Registration of Qualified 

Human Service Organizations and Duties 

for Recipients With Respect to Charter 

Registration Website 

604.15 Registration of qualified human 

service organizations. 

604.16 Duties for recipients with respect to 

charter registration website. 

Subpart E—Advisory Opinions and Cease 

and Desist Orders 

604.17 Purpose. 

604.18 Request for an advisory opinion. 

604.19 Processing of advisory opinions. 

604.20 Effect of an advisory opinion. 

604.21 Special considerations for advisory 

opinions. 

604.22 Request for a cease and desist order. 

604.23 Decisions by the Chief Counsel 

regarding cease and desist orders. 

604.24 Effect of a cease and desist order. 

Subpart F—Complaints 

604.25 Purpose. 

604.26 Complaints and decisions regarding 

removal of private charter operators or 

qualified human service organizations 

from registration list. 

604.27 Complaints, answers, replies, and 

other documents. 

604.28 Dismissals. 

604.29 Incomplete complaints. 

604.30 Filing complaints. 

604.31 Service. 

Subpart G—Investigations 

604.32 Investigation of complaint. 

604.33 Agency initiation of investigation. 

Subpart H—Decisions by FTA and 

Appointment of a Presiding Official (PO) 

604.34 Chief Counsel decisions and 

appointment of a PO. 

604.35 Separation of functions. 

Subpart I—Hearings 

604.36 Powers of a PO. 

604.37 Appearances, parties, and rights of 

parties. 

604.38 Discovery. 

604.39 Depositions. 

604.40 Public disclosure of evidence. 

604.41 Standard of proof. 

604.42 Burden of proof. 

604.43 Offer of proof. 

604.44 Record. 

604.45 Waiver of procedures. 

604.46 Recommended decision by a PO. 

604.47 Remedies. 

Subpart J—Appeal to Administrator and 

Final Agency Orders 

604.48 Appeal from Chief Counsel decision. 

604.49 Administrator’s discretionary review 

of the Chief Counsel’s decision. 

Subpart K—Judicial Review 

604.50 Judicial review of a final decision 

and order. 

Authority: 49 U.S.C. 5323(d); 49 CFR 1.51. 

Subpart A—General Provisions 

§ 604.1 Purpose. 

(a) The purpose of this part is to 

implement 49 U.S.C. 5323(d), which 

protects private charter operators from 

unauthorized competition from 

recipients of Federal financial assistance 

under the Federal Transit Laws. 

(b) This subpart specifies which 

entities shall comply with the 

regulations in this part; defines terms 

used in this part; explains procedures 

for an exemption from this part; and sets 

out the contents of a charter service 

agreement. 

§ 604.2 Applicability. 

(a) The requirements of this part shall 

apply to recipients of Federal financial 

assistance under the Federal Transit 

Laws, except as otherwise provided in 

paragraphs (b) through (g) of this 

section. 

(b) The requirements of this part shall 

not apply to a recipient transporting its 

employees, other transit system 

employees, transit management 

officials, transit contractors and bidders, 

government officials and their 

contractors and official guests, to or 

from transit facilities or projects within 

its geographic service area or proposed 

geographic service area for the purpose 

of conducting oversight functions such 

as inspection, evaluation, or review. 

(c) The requirements of this part shall 

not apply to the non-FTA funded 

activities of private charter operators 

that receive, directly or indirectly, FTA 

financial assistance under any of the 

following programs: 49 U.S.C. 5307, 49 

U.S.C. 5309, 49 U.S.C. 5310, or 49 

U.S.C. 5311. 

(d) The requirements of this part shall 

not apply to a recipient transporting its 

employees, other transit system 

employees, transit management 

officials, transit contractors and bidders, 

government officials and their 

contractors and official guests, for 

emergency preparedness planning and 

operations. 

(e) The requirements of this part shall 

not apply to a recipient that uses 

Federal financial assistance from FTA, 

for program purposes only, under 49 

U.S.C. 5310 or 49 U.S.C. 5311. 

(f) The requirements of this part shall 

not apply to a recipient, for actions 

directly responding to an emergency 

declared by the President, governor, or 

mayor or in an emergency requiring 

immediate action prior to a formal 

declaration. If the emergency lasts more 

than 45 days, the recipient shall follow 

the procedures set out in part 601, 

subpart D, of this chapter. 

(g) The requirements of this part shall 

not apply to a recipient in a nonurbanized area transporting its 

employees, other transit system 

employees, transit management 

officials, and transit contractors and 

bidders to or from transit training 

outside its geographic service area. 

§ 604.3 Definitions. 

All terms defined in 49 U.S.C. 5301 et 

seq. are used in their statutory meaning 

in this part. Other terms used in this 

part are defined as follows: 

Administrator means the 

Administrator of the Federal Transit 

Administration or his or her designee. 

Charter service means, but does not 

include demand response service to 

individuals: 

(1) Transportation provided by a 

recipient at the request of a third party 

for the exclusive use of a bus or van for 

a negotiated price. The following 

features may be characteristic of charter 

service: 

(i) A third party pays the transit 

provider a negotiated price for the 

group; 

(ii) Any fares charged to individual 

members of the group are collected by 

a third party; 

(iii) The service is not part of the 

transit provider’s regularly scheduled 

service, or is offered for a limited period 

of time; or 

(iv) A third party determines the 

origin and destination of the trip as well 

as scheduling; or 

(2) Transportation provided by a 

recipient to the public for events or 

functions that occur on an irregular 

basis or for a limited duration and: 

(i) A premium fare is charged that is 

greater than the usual or customary 

fixed route fare; or 

(ii) The service is paid for in whole or 

in part by a third party. 


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Charter service hours means total 

hours operated by buses or vans while 

in charter service including: 

(1) Hours operated while carrying 

passengers for hire; plus 

(2) Associated deadhead hours. 

Chief Counsel means the Chief 

Counsel of FTA and his or her 

designated employees. 

Days means calendar days. The last 

day of a time period is included in the 

computation of time unless the last day 

is a Saturday, Sunday, or legal holiday, 

in which case, the time period runs 

until the end of the next day that is not 

a Saturday, Sunday, or legal holiday. 

Demand response means any nonfixed route system of transporting 

individuals that requires advanced 

scheduling by the customer, including 

services provided by public entities, 

nonprofits, and private providers. 

Exclusive means service that a 

reasonable person would conclude is 

intended to exclude members of the 

public. 

Federal Transit Laws means 49 U.S.C. 

5301 et seq. and includes 23 U.S.C. 

142(a) and 142(c), when used to provide 

assistance to public transit agencies for 

purchasing buses and vans. 

FTA means the Federal Transit 

Administration. 

Geographic service area means the 

entire area in which a recipient is 

authorized to provide public 

transportation service under appropriate 

local, State, and Federal law. 

Government official means an 

individual elected or appointed at the 

local, State, or Federal level. 

Interested party means an individual, 

partnership, corporation, association, or 

other organization that has a financial 

interest that is affected by the actions of 

a recipient providing charter service 

under the Federal Transit Laws. This 

term includes States, counties, cities, 

and their subdivisions, and Tribal 

Nations. 

Pattern of violations means more than 

one finding of unauthorized charter 

service under this part by FTA 

beginning with the most recent finding 

of unauthorized charter service and 

looking back over a period not to exceed 

72 months. 

Presiding Official means an official or 

agency representative who conducts a 

hearing at the request of the Chief 

Counsel and who has had no previous 

contact with the parties concerning the 

issue in the proceeding. 

Program purposes means 

transportation that serves the needs of 

either qualified human service 

organizations or targeted populations 

(elderly, individuals with disabilities, 

and or low-income individuals); this 

does not include exclusive service for 

other groups formed for purposes 

unrelated to the special needs of the 

targeted populations identified in this 

definition. 

Public transportation has the meaning 

set forth in 49 U.S.C. 5302(15). 

Qualified human service organization 

means an organization that serves 

persons who qualify for federally 

conducted or federally assisted 

transportation-related programs or 

services due to disability, income, or 

advanced age. This term is consistent 

with the President’s Executive order 

(E.O.) on Human Service Transportation 

Coordination (E.O. 13330). 

Recipient means an agency or entity 

that receives Federal financial 

assistance, either directly or indirectly, 

including subrecipients, under the 

Federal Transit Laws. This term does 

not include third-party contractors who 

use non-FTA funded vehicles. 

Registered charter provider means a 

private charter operator that wants to 

receive notice of charter service requests 

directed to recipients and has registered 

on FTA’s charter registration website. 

Registration list means the current list 

of registered charter providers and 

qualified human service organizations 

maintained on FTA’s charter 

registration website. 

Special transportation means demand 

response or paratransit service that is 

regular and continuous and is a type of 

‘‘public transportation.’’ 

Violation means a finding by FTA of 

a failure to comply with one of the 

requirements of this part. 

§ 604.4 Charter service agreement. 

(a) A recipient seeking Federal 

assistance under the Federal Transit 

Laws to acquire or operate any public 

transportation equipment or facilities 

shall enter into a ‘‘Charter Service 

Agreement’’ as set out in paragraph (b) 

of this section. 

(b) A recipient shall enter into a 

Charter Service Agreement if it receives 

Federal funds for equipment or facilities 

under the Federal Transit Laws. The 

terms of the Charter Service Agreement 

are as follows: ‘‘The recipient agrees 

that it, and each of its sub-recipients, 

and third party contractors at any level 

who use FTA-funded vehicles, may 

provide charter service using equipment 

or facilities acquired with Federal 

assistance authorized under the Federal 

Transit Laws only in compliance with 

the regulations set out in 49 CFR part 

604, the terms and conditions of which 

are adopted herein by reference.’’ 

(c) The Charter Service Agreement is 

contained in the Certifications and 

Assurances published annually by FTA 

for applicants for Federal financial 

assistance. Once a recipient receives 

Federal funds, the Certifications and 

Assurances become part of its Grant 

Agreement or Cooperative Agreement 

for Federal financial assistance. 

Subpart B—Exceptions 

§ 604.5 Purpose. 

The purpose of this subpart is to 

identify the limited exceptions under 

which recipients may provide charter 

services. 

§ 604.6 Government officials on official 

government business. 

(a) A recipient may provide charter 

service to government officials (Federal, 

State, and local) for official government 

business, which can include non-transit 

related purposes, if the recipient: 

(1) Provides the service in its 

geographic service area; 

(2) Does not generate revenue from 

the charter service, except as required 

by law; and 

(3) After providing such service, 

records the following: 

(i) The government organization’s 

name, address, phone number, and 

email address; 

(ii) The date and time of service; 

(iii) The number of passengers 

(specifically noting the number of 

government officials on the trip); 

(iv) The origin, destination, and trip 

length (miles and hours); 

(v) The fee collected, if any; and 

(vi) The vehicle number for the 

vehicle used to provide the service. 

(b) A recipient that provides charter 

service under this section shall be 

limited annually to 80 charter service 

hours for providing trips to government 

officials for official government 

business. 

(c) A recipient may petition the 

Administrator for additional charter 

service hours only if the petition 

contains the following information: 

(1) Date and description of the official 

government event and the number of 

charter service hours requested; 

(2) Explanation of why registered 

charter providers in the geographic 

service area cannot perform the service 

(e.g., equipment, time constraints, or 

other extenuating circumstances); and 

(3) Evidence that the recipient has 

sent the request for additional hours to 

registered charter providers in its 

geographic service area. 

(d) FTA shall post the request for 

additional charter service hours under 

this section in the Government Officials 

Exception docket, docket number FTA– 

2007–0020 at https://

www.regulations.gov. Interested parties 


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may review the contents of this docket 

and bring questions or concerns to the 

attention of the Ombudsman for Charter 

Services. The written decision of the 

Administrator regarding the request for 

additional charter service hours shall be 

posted in the Government Officials 

Exception docket and sent to the 

recipient. 

§ 604.7 Qualified human service 

organizations. 

(a) A recipient may provide charter 

service to a qualified human service 

organization (QHSO) for the purpose of 

serving persons: 

(1) With mobility limitations related 

to advanced age; 

(2) With disabilities; or 

(3) With low income. 

(b) If an organization serving persons 

described in paragraph (a) of this 

section receives funding, directly or 

indirectly, from any of the human 

services Federal financial assistance 

programs listed in the Program 

Inventory of the Coordinated Council on 

Access and Mobility (CCAM) located on 

FTA’s charter service website, the 

QHSO shall not be required to register 

on the FTA charter registration website. 

(c) If a QHSO serving persons 

described in paragraph (a) of this 

section does not receive funding from 

any of the programs listed in the CCAM 

Program Inventory, the QHSO shall 

register on the FTA charter registration 

website in accordance with § 604.15. 

(d) A recipient providing charter 

service under this section, whether or 

not the QHSO receives funding from 

any of the programs listed in the CCAM 

Program Inventory, and after providing 

such charter service, shall record: 

(1) The QHSO’s name, address, phone 

number, and email address; 

(2) The date and time of service; 

(3) The number of passengers; 

(4) The origin, destination, and trip 

length (miles and hours); 

(5) The fee collected, if any; and 

(6) The vehicle number for the vehicle 

used to provide the service. 

§ 604.8 Leasing FTA funded equipment 

and drivers. 

(a) A recipient may lease its FTAfunded equipment and drivers to 

registered charter providers for charter 

service only if the following conditions 

exist: 

(1) The private charter operator is 

registered on the FTA charter 

registration website; 

(2) The registered charter provider 

owns and operates buses or vans in a 

charter service business; 

(3) The registered charter provider 

received a request for charter service 

that exceeds its available capacity either 

of the number of vehicles operated by 

the registered charter provider or the 

number of accessible vehicles operated 

by the registered charter provider; and 

(4) The registered charter provider has 

exhausted all of the available vehicles of 

all registered charter providers in the 

recipient’s geographic service area. 

(b) A recipient leasing vehicles and 

drivers to a registered charter provider 

under this section shall record: 

(1) The registered charter provider’s 

name, address, telephone number, and 

email address; 

(2) The number of vehicles leased, 

types of vehicles leased, and vehicle 

identification numbers; and 

(3) The documentation presented by 

the registered charter provider in 

support of paragraphs (a)(1) through (4) 

of this section. 

(c) In accordance with § 604.26, if a 

registered charter provider seeking to 

lease vehicles has filed a complaint 

requesting that another registered 

charter provider be removed from the 

FTA charter registration website, then 

the registered charter provider seeking 

to lease vehicles is not required to 

exhaust the vehicles from that registered 

charter provider while the complaint is 

pending before leasing vehicles from a 

recipient. 

§ 604.9 When no registered charter 

provider responds to notice from a 

recipient. 

(a) A recipient may provide charter 

service, on its own initiative or at the 

request of a third party, if no registered 

charter provider responds to the notice 

issued in § 604.14: 

(1) Within 72 hours for charter service 

requested to be provided in less than 30 

days; or 

(2) Within 14 calendar days for 

charter service requested to be provided 

in 30 days or more. 

(b) A recipient shall not provide 

charter service under this section if a 

registered charter provider indicates an 

interest in providing the charter service 

set out in the notice issued pursuant to 

§ 604.14 and the registered charter 

provider has informed the recipient of 

its interest in providing the service. 

(c) After providing the service, a 

recipient shall record: 

(1) The group’s name, address, phone 

number, and email address; 

(2) The date and time of service; 

(3) The number of passengers; 

(4) The origin, destination, and trip 

length (miles and hours); 

(5) The fee collected, if any; and 

(6) The vehicle number for the vehicle 

used to provide the service. 

§ 604.10 Agreement with registered 

charter providers. 

(a) A recipient may provide charter 

service directly to a customer consistent 

with an agreement entered into with all 

registered charter providers in the 

recipient’s geographic service area. 

(b) If a new charter provider registers 

in the geographic service area 

subsequent to the initial agreement, the 

recipient may continue to provide 

charter service under the previous 

agreement with the other charter 

providers up to 90 days without an 

agreement with the newly registered 

charter provider. 

(c) Any of the parties to an agreement 

may cancel the agreement at any time 

after providing the recipient a 90-day 

notice. 

§ 604.11 Petitions to the Administrator. 

(a) A recipient may petition the 

Administrator for an exception to the 

regulations in this part to provide 

charter service directly to a customer 

for: 

(1) Events of regional or national 

significance; 

(2) Hardship (only for non-urbanized 

areas under 50,000 in population or 

small urbanized areas under 200,000 in 

population); or 

(3) Unique and time sensitive events 

(e.g., funerals of local, regional, or 

national significance) that are in the 

public’s interest. 

(b) The petition to the Administrator 

shall include the following information: 

(1)(i) The date and description of the 

event; 

(ii) The type of service requested and 

the type of equipment; 

(iii) The anticipated number of charter 

service hours needed for the event; and 

(iv) The anticipated number of 

vehicles and duration of the event; and 

(2) For an event of regional or national 

significance, the petition shall include a 

description of how registered charter 

providers were consulted, how 

registered charter providers will be 

utilized in providing the charter service, 

a certification that the recipient has 

exhausted all of the registered charter 

providers in its geographic service area, 

and submit the petition at least 90 days 

before the first day of the event 

described in paragraph (b)(1)(i) of this 

section; 

(3) For a hardship request, a petition 

is only available if the registered charter 

provider that has indicated an interest 

in providing the charter service set out 

in the notice issued pursuant to § 604.14 

has a deadhead time that exceeds total 

trip time from initial pickup to final 

drop-off, including wait time. The 

petition shall describe how the 


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registered charter provider’s minimum 

duration would create a hardship on the 

group requesting the charter service; or 

(4) For unique and time sensitive 

events, the petition shall describe why 

the event is unique or time sensitive and 

how providing the charter service 

would be in the public’s interest. 

(c) Upon receipt of a petition that 

meets the requirements set forth in 

paragraph (b) of this section, the 

Administrator shall review the materials 

and issue a written decision denying or 

granting the request in whole or in part. 

In making this decision, the 

Administrator may seek such additional 

information as the Administrator deems 

necessary. The Administrator’s decision 

shall be filed in the Petitions to the 

Administrator docket, number FTA– 

2007–0022 at https://

www.regulations.gov and sent to the 

recipient. 

(d) Any exception granted by the 

Administrator under this section shall 

be effective only for the event identified 

in paragraph (b)(1)(i) of this section. 

(e) A recipient shall send its petition 

to the Administrator by email to 

ombudsman.charterservice@dot.gov. 

(f) A recipient shall retain a copy of 

the Administrator’s approval for a 

period of at least three years and shall 

include it in the recipient’s quarterly 

report posted on the charter registration 

website. 

§ 604.12 Reporting requirements for all 

exceptions. 

(a) A recipient that provides charter 

service in accordance with one or more 

of the exceptions contained in this 

subpart shall maintain the required 

notice and records in an electronic 

format for a period of at least three years 

from the date of the service or lease. A 

recipient may maintain the required 

records in other formats in addition to 

the electronic format. 

(b) In addition to the requirements 

identified in paragraph (a) of this 

section, the records required under this 

subpart shall include a clear statement 

identifying which exception the 

recipient relied upon when it provided 

the charter service. 

(c) A recipient providing charter 

service under the exceptions in this 

subpart shall post the records required 

under this subpart on the FTA charter 

registration website 30 days after the 

end of each calendar quarter (i.e., 

January 30th, April 30th, July 30th, and 

October 30th). A single document or 

charter log may include all charter 

service trips provided during the 

quarter. 

(d) A recipient may exclude specific 

origin and destination information for 

safety and security reasons. If a 

recipient excludes such information, the 

record of the service shall describe the 

reason why such information was 

excluded and provide generalized 

information instead of providing 

specific origin and destination 

information. 

Subpart C—Procedures for 

Registration and Notification 

§ 604.13 Registration of private charter 

operators. 

(a) To be considered a registered 

charter provider, private charter 

operators shall register on FTA’s charter 

registration website by providing the 

following information: 

(1) Company name, address, phone 

number, email address, and facsimile 

number; 

(2) Federal and, if available, State 

motor carrier identifying number; 

(3) The geographic service areas of 

public transit agencies, as identified by 

the transit agency’s zip code, in which 

the private charter operator intends to 

provide charter service; 

(4) The number of buses or vans the 

private charter operator owns; 

(5) A certification that the private 

charter operator has valid insurance; 

and 

(6) Whether the private charter 

operator is willing to provide free or 

reduced rate charter services to 

registered qualified human service 

organizations. 

(b) A private charter operator that 

provides valid information in this 

subpart is a ‘‘registered charter 

provider’’ for purposes of this part and 

shall have standing to file a complaint 

consistent with subpart F of this part. 

(c) A recipient, a registered charter 

provider, or their duly authorized 

representative may challenge a 

registered charter provider’s registration 

and request removal of the private 

charter operator from FTA’s charter 

registration website by filing a 

complaint consistent with subpart F of 

this part. 

(d) FTA may refuse to post a private 

charter operator’s information if the 

private charter operator fails to provide 

all of the required information required 

by paragraph (a) of this section. 

(e) A registered charter provider shall 

provide current and accurate 

information on FTA’s charter 

registration website and shall update 

that information no less frequently than 

every two years. 

§ 604.14 Recipient’s notification to 

registered charter providers. 

(a) Upon receiving a request for 

charter service, a recipient may: 

(1) Decline to provide the service, 

with or without referring the requestor 

to FTA’s charter registration website; 

(2) Provide the service under an 

exception provided in subpart B of this 

part; or 

(3) Provide notice to registered charter 

providers as provided in this section 

and provide the service pursuant to 

§ 604.9. 

(b) If a recipient is interested in 

providing charter service under the 

exception contained in § 604.9, then 

upon receipt of a request for charter 

service, the recipient shall provide 

email notice to registered charter 

providers in the recipient’s geographic 

service area in the following manner: 

(1) E-mail notice of the request shall 

be sent by the close of business on the 

day the recipient receives the request 

unless the recipient received the request 

after 2 p.m., in which case the recipient 

shall send the notice by the close of 

business the next business day; 

(2) E-mail notice sent to the list of 

registered charter providers shall 

include: 

(i) Customer name, address, phone 

number, and email address (if 

available); 

(ii) Requested date of service; 

(iii) Approximate number of 

passengers; 

(iv) Whether the type of equipment 

requested is (are) bus(es) or van(s); and 

(v) Trip itinerary and approximate 

duration; and 

(3) If the recipient intends to provide 

service that meets paragraph (2) of the 

definition of charter service under 

§ 604.3, the email notice must include 

the fare the recipient intends to charge 

for the service. 

(c) A recipient shall retain an 

electronic copy of the email notice and 

the list of registered charter providers 

that were sent email notice of the 

requested charter service for a period of 

at least three years from the date the 

email notice was sent. 

(d) If a recipient receives an 

‘‘undeliverable’’ notice in response to its 

email notice, the recipient shall send 

the notice via facsimile. The recipient 

shall maintain the record of the 

undeliverable email notice and the 

facsimile sent confirmation for a period 

of three years. 

Subpart D—Registration of Qualified 

Human Service Organizations and 

Duties for Recipients With Respect to 

Charter Registration Website 

§ 604.15 Registration of qualified human 

service organizations. 

(a) Qualified human service 

organizations (QHSO) that seek free or 


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reduced rate services from recipients, 

and do not receive funds from human 

services Federal financial assistance 

programs listed in the CCAM Program 

Inventory located on FTA’s charter 

service website, but serve individuals 

described in § 604.7 (i.e., individuals 

with low income, advanced age, or with 

disabilities), shall register on FTA’s 

charter registration website by 

submitting the following information: 

(1) Name of organization, address, 

phone number, email address, and 

facsimile number; 

(2) The geographic service area of the 

recipient in which the qualified human 

service organization resides; 

(3) Basic financial information 

regarding the qualified human service 

organization and whether the qualified 

human service organization is exempt 

from taxation under section 501(c) (1), 

(3), (4), or (19) of the Internal Revenue 

Code, and whether it is a unit of 

Federal, State, or local government; 

(4) Whether the qualified human 

service organization receives funds 

directly or indirectly from a State or 

local program, and if so, which 

program(s); and 

(5) A narrative statement describing 

the types of charter service trips the 

qualified human service organization 

may request from a recipient and how 

that service is consistent with the 

mission of the qualified human service 

organization. 

(b) A qualified human service 

organization is eligible to receive charter 

services from a recipient if it: 

(1) Receives funds from at least one of 

the human services Federal financial 

assistance programs listed in the CCAM 

Program Inventory; or 

(2) Registers on the FTA website in 

accordance with paragraph (a) of this 

section at least 60 days before the date 

of the requested charter service and 

verifies FTA’s receipt of its registration 

by viewing its information on the FTA 

charter registration website. 

(c) A registered charter provider may 

challenge a QHSO’s eligibility under 

paragraph (b)(2) of this section to 

receive charter services from a recipient 

by requesting removal of the QHSO 

from FTA’s charter registration website 

by filing a complaint consistent with 

subpart F of this part. 

(d) A QHSO eligible under paragraph 

(b)(2) of this section to receive charter 

services from a recipient shall provide 

current and accurate information on 

FTA’s charter registration website and 

shall update that information no less 

frequently than every two years. 

§ 604.16 Duties for recipients with respect 

to charter registration website. 

Each recipient shall ensure that its 

affected employees and contractors have 

the necessary competency to effectively 

use the FTA charter registration website. 

Subpart E—Advisory Opinions and 

Cease and Desist Orders 

§ 604.17 Purpose. 

The purpose of this subpart is to set 

out the requirements for requesting an 

advisory opinion from the Chief 

Counsel’s Office. An advisory opinion 

may also request that the Chief Counsel 

issue a cease and desist order, which 

would be an order to refrain from doing 

an act which, if done, would be a 

violation of this part. 

§ 604.18 Request for an advisory opinion. 

(a) An interested party may request an 

advisory opinion from the Chief 

Counsel on a matter regarding specific 

factual events only. 

(b) A request for an advisory opinion 

shall be submitted in the following 

form: 

[Date] 

Chief Counsel, Federal Transit 

Administration, 1200 New Jersey Ave. SE, 

Room E55– 302, Washington, DC 20590 

Re: Request for Advisory Opinion 

The undersigned submits this request for 

an advisory opinion from the FTA Chief 

Counsel with respect to [the general nature 

of the matter involved]. 

A. A full statement of all facts and legal 

points relevant to the request 

B. An affirmation that the undersigned 

swears, to the best of his/her knowledge and 

belief, this request includes all data, 

information, and views relevant to the 

matter, whether favorable or unfavorable to 

the position of the undersigned, which is the 

subject of the request. 

C. The following certification: ‘‘I hereby 

certify that I have this day served the 

foregoing [name of document] on the 

following interested party(ies) at the 

following ad- dresses and email or facsimile 

numbers (if also served by email or facsimile) 

by [specify method of service]: 

[list persons, addresses, and email or 

facsimile numbers]’’ 

Dated this xx day of xx, 20xx. [Signature] 

[Printed name] 

[Title of person making request] [Mailing 

address] 

[Telephone number] [email address] 

(c) The Chief Counsel may request 

additional information, as necessary, 

from the party submitting the request for 

an advisory opinion. 

(d) A request for an advisory opinion 

may be denied if: 

(1) The request contains incomplete 

information on which to base an 

informed advisory opinion; 

(2) The Chief Counsel concludes that 

an advisory opinion cannot reasonably 

be given on the matter involved; 

(3) The matter is adequately covered 

by a prior advisory opinion or a 

regulation; and 

(4) The Chief Counsel otherwise 

concludes that an advisory opinion 

would not be in the public interest. 

§ 604.19 Processing of advisory opinions. 

(a) A request for an advisory opinion 

shall be sent to the Chief Counsel at 

ombudsman.charterservice@dot.gov and 

filed electronically in the Charter 

Service Advisory Opinion/Cease and 

Desist Order docket number FTA–2007– 

0023 at https://www.regulations.gov or 

sent to the dockets office located at 1200 

New Jersey Ave. SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590, for submission 

to that docket. 

(b) The Chief Counsel shall make 

every effort to respond to a request for 

an advisory opinion within ten days of 

receipt of a request that complies with 

§ 604.18(b). The Chief Counsel shall 

send his or her decision to the 

interested party, the docket, and the 

recipient, if appropriate. 

§ 604.20 Effect of an advisory opinion. 

(a) An advisory opinion represents the 

formal position of FTA on a matter, and 

except as provided in § 604.25, obligates 

the agency to follow it until it is 

amended or revoked. 

(b) An advisory opinion may be used 

in administrative or court proceedings 

to illustrate acceptable and 

unacceptable procedures or standards, 

but not as a legal requirement and is 

limited to the factual circumstances 

described in the request for an advisory 

opinion. The Chief Counsel’s advisory 

opinion shall not be binding upon a 

Presiding Official conducting a 

proceeding under subpart I of this part. 

(c) A statement made or advice 

provided by an FTA employee 

constitutes an advisory opinion only if 

it is issued in writing under this section. 

A statement or advice given by an FTA 

employee orally, or given in writing, but 

not under this section, is an informal 

communication that represents the best 

judgment of that employee at the time 

but does not constitute an advisory 

opinion, does not necessarily represent 

the formal position of FTA, and does 

not bind or otherwise obligate or 

commit the agency to the views 

expressed. 

§ 604.21 Special considerations for 

advisory opinions. 

Based on new facts involving 

significant financial considerations, the 


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Chief Counsel may take appropriate 

enforcement action contrary to an 

advisory opinion before amending or 

revoking the opinion. This action shall 

be taken only with the approval of the 

Administrator. 

§ 604.22 Request for a cease and desist 

order. 

(a) An interested party may also 

request a cease and desist order as part 

of its request for an advisory opinion. A 

request for a cease and desist order shall 

contain the following information in 

addition to the information required for 

an advisory opinion: 

(1) A description of the need for the 

cease and desist order, a detailed 

description of the lost business 

opportunity the interested party is likely 

to suffer if the recipient performs the 

charter service in question, and how the 

public interest will be served by 

avoiding or ameliorating the lost 

business opportunity. A registered 

charter provider must distinguish its 

loss from that of other registered charter 

providers in the geographic service area. 

(2) A detailed description of the 

efforts made to notify the recipient of 

the potential violation of the regulations 

in this part. Include names, titles, phone 

numbers or email addresses of persons 

contacted, date and times contact was 

made, and the response received, if any. 

(b) A request for a cease and desist 

order may be denied if: 

(1) The request contains incomplete 

information on which to base an 

informed decision on a cease and desist 

order; 

(2) The Chief Counsel concludes that 

a cease and desist order cannot 

reasonably be given on the matter 

involved; 

(3) The matter is adequately covered 

by a prior a cease and desist order; or 

(4) The Chief Counsel otherwise 

concludes that a cease and desist order 

would not be in the public interest. 

(c) A recipient who is the subject of 

a request for a cease and desist order 

shall have three business days to 

respond to the request. The response 

shall include a point-by-point rebuttal 

to the information included in the 

request for a cease and desist order. 

(d) The time period for a response by 

the recipient begins once a registered 

charter provider files a request in the 

Advisory Opinions/Cease and Desist 

Orders docket (FTA–2007–0023 at 

https://www.regulations.gov) or with the 

FTA Chief Counsel’s Office, whichever 

date is sooner. 

§ 604.23 Decisions by the Chief Counsel 

regarding cease and desist orders. 

(a) The Chief Counsel may grant a 

request for a cease and desist order if 

the interested party demonstrates, by a 

preponderance of the evidence, that the 

planned provision of charter service by 

a recipient would violate this part. 

(b) In determining whether to grant 

the request for a cease and desist order, 

the Chief Counsel shall consider the 

specific facts shown in the signed, 

sworn request for a cease and desist 

order, applicable statutes, regulations, 

agreements, and any other information 

that is relevant to the request. 

§ 604.24 Effect of a cease and desist order. 

Issuance of a cease and desist order 

against a recipient shall be considered 

as an aggravating factor in determining 

the remedy to impose against the 

recipient in future findings of 

noncompliance with this part, if the 

recipient provides the service described 

in the cease and desist order issued by 

the Chief Counsel. 

Subpart F—Complaints 

§ 604.25 Purpose. 

This subpart describes the 

requirements for filing a complaint 

challenging the registration of a private 

charter operator or qualified human 

service organization on the FTA charter 

registration website and filing a 

complaint regarding the provision of 

charter service by a recipient. Note: To 

save time and expense for all concerned, 

FTA expects all parties to attempt to 

resolve matters informally before 

beginning the official complaint 

process. 

§ 604.26 Complaints and decisions 

regarding removal of private charter 

operators or qualified human service 

organizations from registration list. 

(a) A recipient, a registered charter 

provider, or its duly authorized 

representative, may challenge the listing 

of a registered charter provider or 

qualified human service organization on 

FTA’s charter registration website by 

filing a complaint that meets the 

following: 

(1) States the name and address of 

each entity who is the subject of the 

complaint; 

(2) Provides a concise but complete 

statement of the facts relied upon to 

substantiate the reason why the private 

charter operator or qualified human 

service organization should not be listed 

on the FTA charter registration website; 

(3) Files electronically by submitting 

it to the Charter Service Removal 

Complaints docket number FTA–2007– 

0024 at https://www.regulations.gov; 

(4) Serves by email or facsimile if no 

email address is available, or by 

overnight mail service with receipt 

confirmation, and attaches documents 

offered in support of the complaint, 

upon all entities named in the 

complaint; 

(5) Files within 90 days of discovering 

facts that merit removal of the registered 

charter provider or qualified human 

service organization from the FTA 

Charter Registration website; and 

(6) Contains the following 

certification: 

I hereby certify that I have this day served 

the foregoing [name of document] on the 

following persons at the following addresses 

and email or facsimile numbers (if also 

served by email or facsimile) by [specify 

method of service]: 

[list persons, addresses, and email or 

facsimile numbers] 

Dated this xx day of xxxx, 20xx. 

[signature], for [party]. 

(b) The registered charter provider or 

qualified human service organization 

shall have 15 days to answer the 

complaint and shall file such answer, 

and all supporting documentation, in 

the Charter Service Removal Complaint 

docket number FTA–2007–0024 at 

https://www.regulations.gov and email 

such answer to 

ombudsman.charterservice@dot.gov. 

(c) A recipient, qualified human 

service organization, or a registered 

charter provider, or its duly authorized 

representative, shall not file a reply to 

the answer. 

(d) FTA shall determine whether to 

remove the registered charter provider 

or qualified human service organization 

from the FTA charter registration 

website based on a preponderance of the 

evidence of one or more of the 

following: 

(1) Bad faith; 

(2) Fraud; 

(3) Lapse of insurance; 

(4) Lapse of other documentation; or 

(5) The filing of more than one 

complaint, which on its face, does not 

state a claim that warrants an 

investigation or further action by FTA. 

(e) FTA’s determination whether or 

not to remove a registered charter 

provider or qualified human service 

organization from the registration list 

shall be sent to the parties within 30 

days of the date of the response required 

in paragraph (b) of this section and shall 

state: 

(1) Reasons for allowing the 

continued listing or removal of the 

registered charter provider or qualified 

human service organization from the 

registration list; 

(2) If removal is ordered, the length of 

time (not to exceed three years) the 

private charter operator or qualified 

human service organization shall be 

barred from the registration list; and 

(3) The date by which the private 

charter operator or qualified human 


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service organization may re-apply for 

registration on the FTA charter 

registration website. 

§ 604.27 Complaints, answers, replies, and 

other documents. 

(a) A registered charter provider, or its 

duly authorized representative 

(‘‘complainant’’), affected by an alleged 

noncompliance of this part may file a 

complaint with the Office of the Chief 

Counsel. 

(b) Complaints filed under this 

subpart shall: 

(1) Be titled ‘‘Notice of Charter 

Service Complaint’’; 

(2) State the name and address of each 

recipient that is the subject of the 

complaint and, with respect to each 

recipient, the specific provisions of this 

part that the complainant believes were 

violated; 

(3) Be served in accordance with 

§ 604.31, along with all documents then 

available in the exercise of reasonable 

diligence, offered in support of the 

complaint, upon all recipients named in 

the complaint as being responsible for 

the alleged action(s) or omission(s) upon 

which the complaint is based; 

(4) Provide a concise but complete 

statement of the facts relied upon to 

substantiate each allegation 

(complainant must show by a 

preponderance of the evidence that the 

recipient provided charter service and 

that such service did not fall within one 

of the exemptions or exceptions set out 

in this part); 

(5) Describe how the complainant was 

directly and substantially affected by 

the things done or omitted by the 

recipients; 

(6) Identify each registered charter 

provider associated with the complaint; 

and 

(7) Be filed within 90 days after the 

alleged event giving rise to the 

complaint occurred. 

(c) Unless the complaint is dismissed 

pursuant to § 604.28 or § 604.29, FTA 

shall notify the complainant, 

respondent, and State recipient, if 

applicable, within 30 days after the date 

FTA receives the complaint that the 

complaint has been docketed. 

Respondent shall have 30 days from the 

date of service of the FTA notification 

to file an answer. 

(d) The complainant may file a reply 

within 20 days of the date of service of 

the respondent’s answer. 

(e) The respondent may file a rebuttal 

within 10 days of the date of service of 

the reply. 

(f) The answer, reply, and rebuttal 

shall, like the complaint, contain a 

concise but complete statement of the 

facts relied upon to substantiate the 

answers, admissions, denials, or 

averments made and be accompanied by 

the supporting documentation upon 

which the submitter relies. 

(g) The answer shall deny or admit 

the allegations made in the complaint or 

state that the entity filing the document 

is without sufficient knowledge or 

information to admit or deny an 

allegation and shall assert any 

affirmative defense. 

(h) The respondent’s answer may 

include a motion to dismiss the 

complaint, or any portion thereof, with 

a supporting memorandum of points 

and authorities. 

(i) The complainant may withdraw a 

complaint at any time after filing by 

serving a ‘‘Notification of Withdrawal’’ 

on the Chief Counsel and the 

respondent. 

§ 604.28 Dismissals. 

Within 20 days after the receipt of a 

complaint described in § 604.27, the 

Office of the Chief Counsel shall 

provide reasons for dismissing a 

complaint, or any claim in the 

complaint, with prejudice, under this 

section if: 

(a) It appears on its face to be outside 

the jurisdiction of FTA under the 

Federal Transit Laws; 

(b) On its face it does not state a claim 

that warrants an investigation or further 

action by FTA; or 

(c) The complainant lacks standing to 

file a complaint under subpart B, C, or 

D of this part. 

§ 604.29 Incomplete complaints. 

If a complaint is not dismissed under 

§ 604.28, but is deficient as to one or 

more of the requirements set forth in 

§ 604.27, the Office of the Chief Counsel 

may dismiss the complaint within 20 

days after receiving it. Dismissal shall 

be without prejudice and the 

complainant may re-file after 

amendment to correct the deficiency. 

The Chief Counsel’s dismissal shall 

include the reasons for the dismissal 

without prejudice. 

§ 604.30 Filing complaints. 

(a) Filing address. Unless provided 

otherwise, the complainant shall file the 

complaint with the Office of the Chief 

Counsel, 1200 New Jersey Ave. SE, 

Room E55–302, Washington, DC 20590 

and file it electronically in the Charter 

Service Complaint docket number FTA– 

2007–0025 at https://

www.regulations.gov or mail it to the 

docket by sending the complaint to 1200 

New Jersey Ave. SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

(b) Date and method of filing. Filing 

of any document shall be by personal 

delivery, U.S. mail, or overnight 

delivery with receipt confirmation. 

Unless the date is shown to be 

inaccurate, documents to be filed with 

FTA shall be deemed filed on the 

earliest of: 

(1) The date of personal delivery; 

(2) The mailing date shown on the 

certificate of service; 

(3) The date shown on the postmark 

if there is no certificate of service; or 

(4) The mailing date shown by other 

evidence if there is no certificate of 

service and no postmark. 

(c) Electronic service. A document 

sent by email shall not constitute 

service as described in § 604.31. 

(d) Number of copies. Unless 

otherwise specified, an executed 

original shall be filed with FTA. 

(e) Form. Documents filed with FTA 

shall be typewritten or legibly printed. 

In the case of docketed proceedings, the 

document shall include a title and the 

docket number, as established by the 

Chief Counsel or Presiding Official, of 

the proceeding on the front page. 

(f) Signing of documents and other 

papers. The original of every document 

filed shall be signed by the person filing 

it or the person’s duly authorized 

representative. Subject to the 

enforcement provisions contained in 

this subpart, the signature shall serve as 

a certification that the signer has read 

the document and, based on reasonable 

inquiry, to the best of the signer’s 

knowledge, information, and belief, the 

document is: 

(1) Consistent with this part; 

(2) Warranted by existing law or that 

a good faith argument exists for 

extension, modification, or reversal of 

existing law; and 

(3) Not interposed for any improper 

purpose, such as to harass or to cause 

unnecessary delay or needless increase 

in the cost of the administrative process. 

§ 604.31 Service. 

(a) Designation of person to receive 

service. The initial document filed by 

the complainant shall state on the first 

page of the document for all parties to 

be served: 

(1) The title of the document; 

(2) The name, post office address, 

telephone number; and 

(3) The facsimile number, if any, and 

email address(es), if any. 

(4) If any of the items in paragraphs 

(a)(1) through (3) of this section change 

during the proceeding, the person shall 

promptly file notice of the change with 

FTA and the Presiding Official, if 

appropriate, and shall serve the notice 

on all other parties to the proceeding. 

(b) Docket numbers. Each submission 

identified as a complaint under this part 


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by the submitting party shall be filed in 

the Charter Service Complaint docket 

FTA–2007–0025. 

(c) Who must be served. Copies of all 

documents filed with FTA shall be 

served by the entity filing them on all 

parties to the proceeding. A certificate 

of service shall accompany all 

documents when they are tendered for 

filing and shall certify concurrent 

service on FTA and all parties. 

Certificates of service shall be in 

substantially the following form: 

I hereby certify that I have this day served 

the foregoing [name of document] on the 

following persons at the following addresses 

and email or facsimile numbers (if also 

served by email or facsimile) by [specify 

method of service]: 

[list persons, addresses, and email or 

facsimile numbers] 

Dated this xx day of xxxx, 20xx. 

[signature], for [party] 

(d) Method of service. Except as 

otherwise provided in § 604.26, or 

agreed by the parties and the Presiding 

Official, as appropriate, the method of 

service is personal delivery or U.S. mail. 

(e) Presumption of service. There shall 

be a presumption of lawful service: 

(1) When acknowledgment of receipt 

is by a person who customarily or in the 

ordinary course of business receives 

mail at the address of the party or of the 

person designated under this section; or 

(2) When a properly addressed 

envelope, sent to the last known address 

has been returned as undeliverable, unclaimed, or refused. 

Subpart G—Investigations 

§ 604.32 Investigation of complaint. 

(a) If, based on the pleadings, there 

appears to be a reasonable basis for 

investigation, FTA shall investigate the 

subject matter of the complaint. 

(b) The investigation may include a 

review of written submissions or 

pleadings of the parties, as 

supplemented by any informal 

investigation FTA considers necessary 

and by additional information furnished 

by the parties at FTA request. Each 

party shall file documents that it 

considers sufficient to present all 

relevant facts and argument necessary 

for FTA to determine whether the 

recipient is in compliance. 

(c) The Chief Counsel shall send a 

notice to complainant(s) and 

respondent(s) once an investigation is 

complete, but not later than 90 days 

after receipt of the last pleading 

specified in § 604.27 was due to FTA. 

§ 604.33 Agency initiation of investigation. 

(a) Notwithstanding any other 

provision under this part, FTA may 

initiate its own investigation of any 

matter within the applicability of this 

part without having received a 

complaint. The investigation may 

include, without limitation, any of the 

actions described in § 604.32. 

(b) Following the initiation of an 

investigation under this section, FTA 

sends a notice to the entities subject to 

investigation. The notice will set forth 

the areas of FTA’s concern and the 

reasons; request a response to the notice 

within 30 days of the date of service; 

and inform the respondent that FTA 

will, in its discretion, invite good faith 

efforts to resolve the matter. 

(c) If the matters addressed in the FTA 

notice are not resolved informally, the 

Chief Counsel may refer the matter to a 

Presiding Official. 

Subpart H—Decisions by FTA and 

Appointment of a Presiding Official 

(PO) 

§ 604.34 Chief Counsel decisions and 

appointment of a PO. 

(a) After receiving a complaint 

consistent with § 604.27, and 

conducting an investigation, the Chief 

Counsel may: 

(1) Issue a decision based on the 

pleadings filed to date; 

(2) Appoint a PO to review the matter; 

or 

(3) Dismiss the complaint pursuant to 

§ 604.28. 

(b) If the Chief Counsel appoints a PO 

to review the matter, the Chief Counsel 

shall send out a hearing order that sets 

forth the following: 

(1) The allegations in the complaint, 

or notice of investigation, and the 

chronology and results of the 

investigation preliminary to the hearing 

conducted in accordance with subpart I 

of this part; 

(2) The relevant statutory, judicial, 

regulatory, and other authorities; 

(3) The issues to be decided; 

(4) Such rules of procedure as may be 

necessary to supplement the provisions 

of this part; 

(5) The name and address of the PO, 

and the assignment of authority to the 

PO to conduct the hearing in accordance 

with the procedures set forth in this 

part; and 

(6) The date by which the PO is 

directed to issue a recommended 

decision. 

§ 604.35 Separation of functions. 

(a) Proceedings under this part shall 

be handled by an FTA attorney, except 

that the Chief Counsel may appoint a 

PO, who may not be an FTA attorney. 

(b) After issuance of an initial 

decision by the Chief Counsel, the FTA 

employee or contractor engaged in the 

performance of investigative or 

prosecutorial functions in a proceeding 

under this part shall not, in that case or 

a factually related case, participate or 

give advice in a final decision by the 

Administrator or his or her designee on 

written appeal, and shall not, except as 

counsel or as witness in the public 

proceedings, engage in any substantive 

communication regarding that case or a 

related case with the Administrator on 

written appeal. 

Subpart I—Hearings 

§ 604.36 Powers of a PO. 

A PO may: 

(a) Give notice of, and hold, prehearing conferences and hearings; 

(b) Administer oaths and affirmations; 

(c) Issue notices of deposition 

requested by the parties; 

(d) Limit the frequency and extent of 

discovery; 

(e) Rule on offers of proof; 

(f) Receive relevant and material 

evidence; 

(g) Regulate the course of the hearing 

in accordance with the rules of this part 

to avoid unnecessary and duplicative 

proceedings in the interest of prompt 

and fair resolution of the matters at 

issue; 

(h) Hold conferences to settle or to 

simplify the issues by consent of the 

parties; 

(i) Dispose of procedural motions and 

requests; 

(j) Examine witnesses; and 

(k) Make findings of fact and 

conclusions of law and issue a 

recommended decision. 

§ 604.37 Appearances, parties, and rights 

of parties. 

(a) Any party to the hearing may 

appear and be heard in person and any 

party to the hearing may be 

accompanied, represented, or advised 

by an attorney licensed by a State, the 

District of Columbia, or a territory of the 

United States to practice law or appear 

before the courts of that State or 

territory, or by another duly authorized 

representative. An attorney, or other 

duly authorized representative, who 

represents a party shall file according to 

the filing and service procedures 

contained in §§ 604.30 and 604.31. 

(b) The parties to the hearing are the 

respondent(s) named in the hearing 

order, the complainant(s), and FTA, as 

represented by the PO. 

(c) The parties to the hearing may 

agree to extend for a reasonable period 

of time the time for filing a document 

under this part. If the parties agree, the 

PO shall grant one extension of time to 


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each party. The party seeking the 

extension of time shall submit a draft 

order to the PO to be signed by the PO 

and filed with the hearing docket. The 

PO may grant additional oral requests 

for an extension of time where the 

parties agree to the extension. 

(d) An extension of time granted by 

the PO for any reason extends the due 

date for the PO’s recommended decision 

and for the final agency decision by the 

length of time in the PO’s extension. 

§ 604.38 Discovery. 

(a) Permissible forms of discovery 

shall be within the discretion of the PO. 

(b) The PO shall limit the frequency 

and extent of discovery permitted by 

this section if a party shows that: 

(1) The information requested is 

cumulative or repetitious; 

(2) The information requested may be 

obtained from another less burdensome 

and more convenient source; 

(3) The party requesting the 

information has had ample opportunity 

to obtain the information through other 

discovery methods permitted under this 

section; or 

(4) The method or scope of discovery 

requested by the party is unduly 

burdensome or expensive. 

§ 604.39 Depositions. 

(a) For good cause shown, the PO may 

order that the testimony of a witness 

may be taken by deposition and that the 

witness produce documentary evidence 

in connection with such testimony. 

Generally, an order to take the 

deposition of a witness is entered only 

if: 

(1) The person whose deposition is to 

be taken would be unavailable at the 

hearing; 

(2) The deposition is deemed 

necessary to perpetuate the testimony of 

the witness; or 

(3) The taking of the deposition is 

necessary to prevent undue and 

excessive expense to a party and will 

not result in undue burden to other 

parties or in undue delay. 

(b) Any party to the hearing desiring 

to take the deposition of a witness 

according to the terms set out in this 

subpart, shall file a motion with the PO, 

with a copy of the motion served on 

each party. The motion shall include: 

(1) The name and residence of the 

witness; 

(2) The time and place for the taking 

of the proposed deposition; 

(3) The reasons why such deposition 

should be taken; and 

(4) A general description of the 

matters concerning which the witness 

will be asked to testify. 

(c) If good cause is shown in the 

motion, the PO in his or her discretion 

may issue an order authorizing the 

deposition and specifying the name of 

the witness to be deposed, the location 

and time of the deposition, and the 

general scope and subject matter of the 

testimony to be taken. 

(d) Witnesses whose testimony is 

taken by deposition shall be sworn or 

shall affirm before any questions are put 

to them. Each question propounded 

shall be recorded and the answers of the 

witness transcribed verbatim. The 

written transcript shall be subscribed by 

the witness, unless the parties by 

stipulation waive the signing, or the 

witness is ill, cannot be found, or 

refuses to sign. The reporter shall note 

the reason for failure to sign. 

§ 604.40 Public disclosure of evidence. 

(a) Except as provided in this section, 

the hearing shall be open to the public. 

(b) The PO may order that any 

information contained in the record be 

withheld from public disclosure. Any 

person may object to disclosure of 

information in the record by filing a 

written motion to withhold specific 

information with the PO. The person 

shall state specific grounds for 

nondisclosure in the motion. 

(c) The PO shall grant the motion to 

withhold information from public 

disclosure if the PO determines that 

disclosure would be in violation of the 

Privacy Act, would reveal trade secrets 

or privileged or confidential commercial 

or financial information, or is otherwise 

prohibited by law. 

§ 604.41 Standard of proof. 

The PO shall issue a recommended 

decision or shall rule in a party’s favor 

only if the decision or ruling is 

supported by a preponderance of the 

evidence. 

§ 604.42 Burden of proof. 

(a) The burden of proof of 

noncompliance with this part, 

determination, or agreement issued 

under the authority of the Federal 

Transit Laws is on the registered charter 

provider. 

(b) Except as otherwise provided by 

statute or rule, the proponent of a 

motion, request, or order has the burden 

of proof. 

§ 604.43 Offer of proof. 

A party whose evidence has been 

excluded by a ruling of the PO, during 

a hearing in which the respondent had 

an opportunity to respond to the offer of 

proof, may offer the evidence on the 

record when filing an appeal. 

§ 604.44 Record. 

(a) The transcript of all testimony in 

the hearing, all exhibits received into 

evidence, all motions, applications 

requests and rulings, and all documents 

included in the hearing record shall 

constitute the exclusive record for 

decision in the proceedings and the 

basis for the issuance of any orders. 

(b) Any interested person may 

examine the record by entering the 

docket number at https://

www.regulations.gov or after payment of 

reasonable costs for search and 

reproduction of the record. 

§ 604.45 Waiver of procedures. 

(a) The PO shall waive such 

procedural steps as all parties to the 

hearing agree to waive before issuance 

of an initial decision. 

(b) Consent to a waiver of any 

procedural step bars the raising of this 

issue on appeal. 

(c) The parties may not by consent 

waive the obligation of the PO to enter 

a recommended decision on the record. 

§ 604.46 Recommended decision by a PO. 

(a) The PO shall issue a recommended 

decision based on the record developed 

during the proceeding and shall send 

the recommended decision to the Chief 

Counsel for ratification or modification 

not later than 110 days after the referral 

from the Chief Counsel. 

(b) The Chief Counsel shall ratify or 

modify the PO’s recommended decision 

within 30 days of receiving the 

recommended decision. The Chief 

Counsel shall serve his or her decision, 

which is capable of being appealed to 

the Administrator, on all parties to the 

proceeding. 

§ 604.47 Remedies. 

(a) If the Chief Counsel determines 

that a violation of this part occurred, he 

or she may take one or more of the 

following actions: 

(1) Bar the recipient from receiving 

future Federal financial assistance from 

FTA; 

(2) Order the withholding of a 

reasonable percentage of available 

Federal financial assistance; or 

(3) Pursue suspension and debarment 

of the recipient, its employees, or its 

contractors. 

(b) In determining the type and 

amount of remedy, the Chief Counsel 

shall consider the following factors: 

(1) The nature and circumstances of 

the violation; 

(2) The extent and gravity of the 

violation (‘‘extent of deviation from 

regulatory requirements’’); 

(3) The revenue earned (‘‘economic 

benefit’’) by providing the charter 

service; 

(4) The operating budget of the 

recipient; 


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(5) Such other matters as justice may 

require; and 

(6) Whether a recipient provided 

service described in a cease and desist 

order after issuance of such order by the 

Chief Counsel. 

(c) The Chief Counsel office may 

mitigate the remedy when the recipient 

can document corrective action of 

alleged violation. The Chief Counsel’s 

decision to mitigate a remedy shall be 

determined on the basis of how much 

corrective action was taken by the 

recipient and when it was taken. 

Systemic action to prevent future 

violations will be given greater 

consideration than action simply to 

remedy violations identified during 

FTA’s inspection or identified in a 

complaint. 

(d) In the event the Chief Counsel 

finds a pattern of violations, the remedy 

ordered shall bar a recipient from 

receiving Federal transit assistance in an 

amount that the Chief Counsel considers 

appropriate. 

(e) The Chief Counsel may make a 

decision to withhold Federal financial 

assistance in a lump sum or over a 

period of time not to exceed five years. 

Subpart J—Appeal to Administrator 

and Final Agency Orders 

§ 604.48 Appeal from Chief Counsel 

decision. 

(a) Each party adversely affected by 

the Chief Counsel’s office decision may 

file an appeal with the Administrator 

within 21 days of the date of the Chief 

Counsel’s issued his or her decision. 

Each party may file a reply to an appeal 

within 21 days after it is served on the 

party. Filing and service of appeals and 

replies shall be by personal delivery 

consistent with §§ 604.30 and 604.31. 

(b) If an appeal is filed, the 

Administrator reviews the entire record 

and issues a final agency decision based 

on the record that either accepts, rejects, 

or modifies the Chief Counsel’s decision 

within 30 days of the due date of the 

reply. If no appeal is filed, the 

Administrator may take review of the 

case on his or her own motion. If the 

Administrator finds that the respondent 

is not in compliance with this part, the 

final agency order shall include a 

statement of corrective action, if 

appropriate, and identify remedies. 

(c) If no appeal is filed, and the 

Administrator does not take review of 

the decision by the office on the 

Administrator’s own motion, the Chief 

Counsel’s decision shall take effect as 

the final agency decision and order on 

the twenty-first day after the actual date 

the Chief Counsel’s decision was issued. 

(d) The failure to file an appeal is 

deemed a waiver of any rights to seek 

judicial review of the Chief Counsel’s 

decision that becomes a final agency 

decision by operation of paragraph (c) of 

this section. 

§ 604.49 Administrator’s discretionary 

review of the Chief Counsel’s decision. 

(a) If the Administrator takes review 

on the Administrator’s own motion, the 

Administrator shall issue a notice of 

review by the twenty-first day after the 

actual date of the Chief Counsel’s 

decision that contains the specific 

findings of fact and conclusions of law 

in the decision subject to review by the 

Administrator. 

(b) Parties may file one brief on 

review to the Administrator or rely on 

their post-hearing briefs to the Chief 

Counsel’s office. Briefs on review shall 

be filed not later than 10 days after 

service of the notice of review. Filing 

and service of briefs on review shall be 

by personal delivery consistent with 

§§ 604.30 and 604.31. 

(c) The Administrator shall issue a 

final agency decision and order within 

30 days of the due date of the briefs on 

review. If the Administrator finds that 

the respondent is not in compliance 

with this part, the final agency order 

shall include a statement of corrective 

action, if appropriate, and identify 

remedies. 

(d) If the Administrator takes review 

on the Administrator’s own motion, the 

decision of the Chief Counsel is stayed 

pending a final decision by the 

Administrator. 

Subpart K—Judicial Review 

§ 604.50 Judicial review of a final decision 

and order. 

(a) A person may seek judicial review 

in an appropriate United States District 

Court of a final decision and order of the 

Administrator as provided in 5 U.S.C. 

701–706. A party seeking judicial 

review of a final decision and order 

shall file a petition for review with the 

Court not later than 60 days after a final 

decision and order is effective. 

(b) The following do not constitute 

final decisions and orders subject to 

judicial review: 

(1) FTA’s decision to dismiss a 

complaint as set forth in § 604.29; 

(2) A recommended decision issued 

by a PO at the conclusion of a hearing; 

or 

(3) A Chief Counsel decision that 

becomes the final decision of the 

Administrator because it was not 

appealed within the stated timeframes. 

[FR Doc. 2024–30970 Filed 1–7–25; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2024–0187; 

FXES1113090FEDR–256–FF09E21000] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on Two 

Petitions for Gray Wolf 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of petition finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on two concurrently 

filed companion petitions to revise the 

currently listed gray wolf (Canis lupus) 

entities under the Endangered Species 

Act of 1973, as amended (Act or ESA). 

Together, the petitions requested that 

the Service: designate and delist a 

Western Great Lakes (WGL) distinct 

population segment (DPS) of gray wolf 

due to recovery; and designate a West 

Coast States DPS of gray wolf and list it 

as a threatened species, and potentially 

delist the remnant areas of the gray wolf 

entity in the lower 48 States due to 

extinction. Based on our review, we find 

that the petitions do not present 

substantial scientific or commercial 

information indicating that the 

petitioned actions may be warranted. 

DATES: This finding was made on 

January 8, 2025. 

ADDRESSES: Supporting documents: A 

summary of the basis for the petition 

finding contained in this document is 

available on https://

www.regulations.gov in Docket No. 

FWS–HQ–ES–2024–0187. In addition, 

this supporting information is available 

by contacting the appropriate person, as 

specified in FOR FURTHER INFORMATION

CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Rachel London, Manager, Branch of 

Delisting and Foreign Species, 

Ecological Services Headquarters; 

telephone: 703–358–2491; email: 

rachel_london@fws.gov. Individuals in 

the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 


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