67318 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 601 

[Docket FTA–2005–22705] 

RIN 2132–AA79 

Organization, Functions, and 

Procedures 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule will amend 49 

CFR Part 601 to reflect modifications in 

the organization and distribution of 

functions within the Federal Transit 

Administration (FTA), and to document 

its rulemaking procedures. This rule has 

not been amended since 1999, and 

recently there has been a restructuring 

of offices and duties within FTA. 

Additionally, many of FTA’s regional 

offices have physically moved to 

different locations; thus, this rule 

revises the addresses and phone 

numbers of the regional offices. Further, 

the outdated internal delegations of 

authority have been removed, the means 

by which the public can access FTA 

information has been updated, and 

FTA’s rulemaking procedures are 

provided. 

EFFECTIVE DATE: The effective date of 

this rule is November 4, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Bonnie L. Graves, Attorney-Advisor, 

Legislation and Regulations Division, 

Office of Chief Counsel, Federal Transit 

Administration, 400 Seventh Street SW., 

Room 9316, Washington, DC 20590, 

phone: (202) 366–4011, fax: (202) 366– 

3809, or e-mail, 

Bonnie.Graves@fta.dot.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of the Final Rule 

You may download this rule from the 

Department’s Docket Management 

System (http://dms.dot.gov) by entering 

docket number 22705 in the search field 

or from Government Printing Office’s 

Federal Register Main Page at http:// 

www.gpoaccess.gov/fr/index.html. Users 

may also download an electronic copy 

of this document using a modem and 

suitable communications software from 

the GPO Electronic Bulletin Board 

Service at (202) 512–1661. 

Justification for Immediate Adoption 

This final rule is ministerial in nature 

and relates only to agency management, 

organization, procedure, and practice. 

This is not a regulation or rule for the 

purposes of Executive Order No. 12866. 

Therefore, under 5 U.S.C. 553(b)(3)(A), 

this rule is exempt from notice and 

comment rulemaking requirements. The 

changes made will have no substantive 

effect on the public; therefore, under 5 

U.S.C. 553(d), this rule may become 

effective less than 30 days after 

publication in the Federal Register. 

I. Background. 

Part 601 was most recently updated in 

1999, when section 601.4, 

Responsibilities of the Administrator, 

was revised subsequent to passage of the 

Federal Vacancies Reform Act of 1998. 

The rule was amended previously in 

1982 when Subpart C, Public 

Availability of Information was added. 

Contact information and descriptions of 

the functions and duties of the offices 

within FTA has not been updated since 

1976. 

With passage of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) on August 10, 

2005 (Pub. L. 109–59; 119 Stat. 1144), 

Congress directed FTA to engage in 

significant rulemaking activities. To 

date, FTA has not formally outlined its 

procedures for rulemaking. Adopting 

these procedures gives the public 

knowledge of the rulemaking process 

and how to participate in that process. 

Part 601 will specify the procedures for 

notices of proposed rulemaking and 

adoption of final rules, as well as 

procedures by which FTA may expedite 

the processing of non-controversial 

changes to its regulations. Rules that the 

Administrator of FTA judges to be 

unlikely to result in public comment 

would be published as direct final rules. 

Such direct final rules would advise the 

public that no adverse comment is 

anticipated and that, unless written 

adverse comment or notice of intent to 

submit such comment is received 

within a specified number of days, the 

rule will become effective 60 days from 

the date of publication in the Federal 

Register. The rulemaking procedures 

adopted by FTA today are consistent 

with other DOT modal administrations’ 

rulemaking procedures. 

II. Rulemaking Overview/Summary of 

Rule Changes 

This rulemaking amends Subpart A to 

reflect changes in the organization of 

FTA and the physical relocation of 

many regional offices. It eliminates the 

Delegations of Authority in Subpart B. 

Subpart C, Public Availability of 

Information, is being moved to Subpart 

B, and the procedures are being 

updated. This rule provides a new 

Subpart C, Rulemaking Procedures. 

III. Regulatory Process Matters 

Executive Order 12866 

Since this final rule is ministerial in 

nature and relates only to agency 

management, organization, procedure 

and practice, FTA has determined that 

this action is not a significant regulatory 

action under Executive Order 12866 or 

under the Department’s Regulatory 

Policies and Procedures. 

Regulatory Flexibility Act 

This rule merely makes 

administrative changes to FTA’s 

internal policies and procedures, 

therefore, FTA certifies that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act of 1995 

FTA has determined that the 

requirements of Title II of the Unfunded 

Mandates Reform Act of 1995 do not 

apply to this rulemaking. There are no 

costs associated with this rule. 

Privacy Act 

Anyone is able to search the 

electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comments (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit ‘‘http://dms.dot.gov’’. 

List of Subjects in 49 CFR Part 601 

Administrative Practice and 

Procedure, Organization and Functions 

(Government agencies), Freedom of 

Information. 

■ For the reasons stated in the preamble, 

the Federal Transit Administration 

revises 49 CFR Part 601 as set forth 

below: 

PART 601—ORGANIZATION, 

FUNCTIONS, AND PROCEDURES 

Subpart A—General 

Sec. 

601.1 Purpose 

601.2 Organization of the Administration 

601.3 General responsibilities 

601.4 Responsibilities of the Administrator 

Subpart B—Public Availability of 

Information 

601.10 Sources of Information 

Subpart C—Rulemaking Procedures 

601.20 Applicability 

601.21 Definitions. 

601.22 General. 

601.23 Initiation of rulemaking. 

Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 67319 

601.24 Contents of notices of proposed 

rulemaking. 

601.25 Participation by interested persons. 

601.26 Petitions for extension of time to 

comment. 

601.27 Contents of written comments. 

601.28 Consideration of comments 

received. 

601.29 Additional rulemaking proceedings. 

601.30 Hearings. 

601.31 Adoption of final rules. 

601.32 Petitions for rulemaking or 

exemptions. 

601.33 Processing of petition. 

601.34 Petitions for reconsideration. 

601.35 Proceedings on petitions for 

reconsideration. 

601.36 Procedures for direct final 

rulemaking. 

Authority: 5 U.S.C. § 552; 49 U.S.C. 5334; 

49 U.S.C. 1657, 1659; Reorganization Plan 

No. 2 of 1968 (82 Stat. 1369); 49 CFR 1.51. 

Subpart A—General Provisions 

§ 601.1 Purpose. 

This part describes the organization of 

the Federal Transit Administration 

(‘‘FTA’’), an operating administration 

within the U.S. Department of 

Transportation. This part also describes 

general responsibilities of the various 

offices of which FTA is comprised. In 

addition, this part describes the sources 

and locations of available FTA program 

information, and provides information 

regarding FTA’s rulemaking procedures. 

§ 601.2 Organization of the Administration 

(a) The headquarters organization of 

FTA is comprised of eight principal 

offices which function under the overall 

direction of the Federal Transit 

Administrator (‘‘the Administrator’’) 

and Deputy Administrator. These offices 

are: 

(1) Office of Administration. 

(2) Office of Budget and Policy. 

(3) Office of Chief Counsel. 

(4) Office of Civil Rights. 

(5) Office of Communications and 

Congressional Affairs. 

(6) Office of Planning and 

Environment. 

(7) Office of Program Management. 

(8) Office of Research, Demonstration 

and Innovation. 

(b) FTA has ten regional offices, each 

of which function under the overall 

direction of the Administrator and 

Deputy Administrator, and under the 

general direction of a Regional 

Administrator. In addition, FTA has 

established a Lower Manhattan 

Recovery Office, which is under the 

general direction of the Director for this 

office. 

Region/States Office/address Telephone No. 

I. Connecticut, Maine, Massachusetts, New Hampshire, 

Rhode Island, and Vermont.

FTA Regional Administrator, Kendall Square, 55 Broadway, 

Suite 920, Cambridge, MA 02142–1093.

(617) 494–2055 

II. New York, New Jersey, and U.S. Virgin Islands ............... FTA Regional Administrator, One Bowling Green, Room 

429, New York, NY 10014–1415.

(212) 668–2170 

III. Delaware, District of Columbia, Maryland, Pennsylvania, 

Virginia, and West Virginia.

FTA Regional Administrator, 1760 Market Street, Suite 500, 

Philadelphia, PA 19103–4124.

(215) 656–7100 

IV. Alabama, Florida, Georgia, Kentucky, Mississippi, North 

Carolina, Puerto Rico, South Carolina, and Tennessee.

FTA Regional Administrator, Atlanta Federal Center, Suite 

17T50, 61 Forsyth Street, SW., Atlanta, GA 30303.

(404) 562–3500 

V. Illinois, Indiana, Minnesota, Michigan, Ohio, and Wisconsin.FTA Regional Administrator, 200 West Adams Street, Suite 

320, Chicago, IL 60606.

(312) 353–2789 

VI. Arkansas, Louisiana, New Mexico, Oklahoma, and 

Texas.

FTA Regional Administrator, 819 Taylor Street, Room 8A36, 

Fort Worth, TX 76102.

(817) 978–0550 

VII. Iowa, Kansas, Missouri, and Nebraska ........................... FTA Regional Administrator, 901 Locust Street, Suite 404, 

Kansas City, MO 64106.

(816) 329–3920 

VIII. Colorado, Montana, North Dakota, South Dakota, Utah, 

and Wyoming.

FTA Regional Administrator, Dept. of Transportation, FTA, 

12300 W. Dakota Ave., Suite 310, Lakewood, CO 80228– 

2583.

(720) 963–3300 

IX. Arizona, California, Hawaii, Nevada, Guam, American 

Samoa, and Northern Mariana Islands.

FTA Regional Administrator, 201 Mission Street, Suite 310, 

San Francisco, CA 94105.

(415) 744–3133 

X. Alaska, Idaho, Oregon, and Washington ........................... FTA Regional Administrator, Jackson Federal Building, 915 

Second Avenue, Suite 3142, Seattle, WA 98174–1002.

(206) 220–7954 

Lower Manhattan Recovery Office ......................................... FTA LMRO Director, One Bowling Green, Room 436, New 

York, NY 10004.

(212) 668–1770 

§ 601.3 General Responsibilities. 

The general responsibilities of each of 

the offices which comprise the 

headquarters organization of FTA are: 

(a) Office of Administration. Directed 

by an Associate Administrator for 

Administration, this office develops and 

administers comprehensive programs to 

meet FTA’s resource management and 

administrative support requirements in 

the following areas: Organization and 

management planning, information 

resources management, human 

resources, contracting and procurement, 

and administrative services. 

(b) Office of Budget and Policy. 

Directed by an Associate Administrator 

for Budget and Policy, this office is 

responsible for policy development and 

performance measurement, strategic and 

program planning, program evaluation, 

budgeting, and accounting. The office 

provides policy direction on legislative 

proposals and coordinates the 

development of regulations. The office 

formulates and justifies FTA budgets 

within the Department of 

Transportation, to the Office of 

Management and Budget, and Congress. 

The office establishes apportionments 

and allotments for program and 

administrative funds, ensures that all 

funds are expended in accordance with 

Administration and congressional 

intent, and prepares and coordinates 

statutory reports to Congress. The office 

coordinates with and supports the 

Department of Transportation Chief 

Financial Officer on all FTA accounting 

and financial management matters. This 

office also serves as the audit liaison in 

responding to the Office of the Inspector 

General and the Government 

Accountability Office. 

(c) Office of Chief Counsel. Directed 

by a Chief Counsel, this office provides 

legal advice and support to the 

Administrator and FTA management. 

The office is responsible for reviewing 

development and management of FTAsponsored projects; representing the 

Administration before civil courts and 

administrative agencies; drafting and 

reviewing legislation and regulations to 

implement the Administration’s 

programs; and working to ensure that 

the agency upholds the highest ethical 

standards. The office coordinates with 

and supports the U.S. Department of 

67320 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 

Transportation’s General Counsel on 

FTA legal matters. 

(d) The Office of Civil Rights. Directed 

by a Director for Civil Rights, this office 

ensures full implementation of civil 

rights and equal opportunity initiatives 

by all recipients of FTA assistance, and 

ensures nondiscrimination in the 

receipt of FTA benefits, employment, 

and business opportunities. The office 

advises and assists the Administrator 

and other FTA officials in ensuring 

compliance with applicable civil rights 

regulations, statutes and directives, 

including but not limited to the 

Americans with Disabilities Act of 1990 

(ADA), the Civil Rights Act of 1964, 

Disadvantaged Business Enterprise 

(DBE) participation, and Equal 

Employment Opportunity, within FTA 

and in the conduct of Federally-assisted 

public transportation projects and 

programs. The office monitors the 

implementation of and compliance with 

civil rights requirements, investigates 

complaints, conducts compliance 

reviews, and provides technical 

assistance to recipients of FTA 

assistance and members of the public. 

(e) Office of Communications and 

Congressional Affairs. Directed by an 

Associate Administrator for 

Communications and Congressional 

Affairs, this office is the agency’s lead 

office for media relations, public affairs, 

and Congressional relations, providing 

quick response support to the agency, 

the public, and Members of Congress on 

a daily basis. The office distributes 

information about FTA programs and 

policies to the public, the transit 

industry, and other interested parties 

through a variety of media. This office 

also coordinates the Administrator’s 

public appearances and is responsible 

for managing correspondence and other 

information directed to and issued by 

the Administrator and Deputy 

Administrator. 

(f) Office of Planning and 

Environment. Directed by an Associate 

Administrator for Planning and 

Development, this office administers a 

national program of planning assistance 

that provides funding, guidance, and 

technical support to State and local 

transportation agencies. In partnership 

with the Federal Highway 

Administration (FHWA), this office 

oversees a national program of planning 

assistance and certification of 

metropolitan and statewide planning 

organizations, implemented by FTA 

Regional Offices and FHWA Divisional 

Offices. The office provides national 

guidance and technical support in 

emphasis areas including planning 

capacity building, financial planning, 

transit oriented development, joint 

development, project cost estimation, 

travel demand forecasting, and other 

technical areas. This office also oversees 

the Federal environmental review 

process as it applies to transit projects 

throughout the country, including 

implementation of the National 

Environmental Policy Act (NEPA), the 

Clean Air Act, and related laws and 

regulations. The office provides national 

guidance and oversight of planning and 

project development for proposed major 

transit capital fixed guideway projects, 

commonly referred to as the New Starts 

program. In addition, this office is 

responsible for the evaluation and rating 

of proposed projects based on a set of 

statutory criteria, and applies these 

ratings as input to the Annual New 

Starts Report and funding 

recommendations submitted to 

Congress, as well as for FTA approval 

required for projects to advance into 

preliminary engineering, final design, 

and full funding grant agreements. 

(g) Office of Program Management. 

Directed by an Associate Administrator 

for Program Management, this office 

administers a national program of 

capital and operating assistance by 

managing financial and technical 

resources and by directing program 

implementation. The office coordinates 

all grantee directed guidance, in the 

form of circulars and other 

communications, develops and 

distributes procedures and program 

guidance to assist the field staff in grant 

program administration and fosters 

responsible stewardship of Federal 

transit resources by facilitating and 

assuring consistent grant development 

and implementation nationwide 

(Statutory, Formula, Discretionary and 

Earmarks). This office manages the 

oversight program for agency formula 

grant programs and provides national 

expertise and direction in the areas of 

capital construction, rolling stock, and 

risk assessment techniques. It also 

assists the transit industry and State and 

local authorities in providing high 

levels of safety and security for transit 

passengers and employees through 

technical assistance, training, public 

awareness, drug and alcohol testing and 

state safety oversight. 

(h) Office of Research, Demonstration, 

and Innovation. Directed by an 

Associate Administrator for Research, 

Demonstration and Innovation, this 

office provides transit industry 

leadership in delivery of solutions that 

improve public transportation. The 

office undertakes research, 

development, and demonstration 

projects that help to increase ridership; 

improve capital and operating 

efficiencies; enhance safety and 

emergency preparedness; and better 

protect the environment and promote 

energy independence. The office leads 

FTA programmatic efforts under the 

National Research Programs (49 U.S.C. 

5314). 

§ 601.4 Responsibilities of the 

Administrator. 

The Administrator is responsible for 

the planning, direction and control of 

the activities of FTA and has authority 

to approve Federal transit grants, loans, 

and contracts. The Deputy 

Administrator is the ‘‘first assistant’’ for 

purposes of the Federal Vacancies 

Reform Act of 1998 (Pub. L. 105–277) 

and shall, in the event of the absence or 

disability of the Administrator, serve as 

the Acting Administrator, subject to the 

limitations in that Act. In the event of 

the absence or disability of both the 

Administrator and the Deputy 

Administrator, officials designated by 

the agency’s internal order on 

succession shall serve as Acting Deputy 

Administrator and shall perform the 

duties of the Administrator, except for 

any non-delegable statutory and/or 

regulatory duties. 

Subpart B—Public Availability of 

Information 

§ 601.10 Sources of information. 

(a) FTA guidance documents. (1) 

Circulars and other guidance/policy 

information are available on FTA’s Web 

site: http://www.fta.dot.gov. 

(2) Single copies of any guidance 

document may be obtained without 

charge by calling FTA’s Administrative 

Services Help Desk, at (202) 366–4865. 

(3) Single copies of any guidance 

document may also be obtained without 

charge upon written request to the 

Associate Administrator for 

Administration, Federal Transit 

Administration, 400 7th Street SW., 

Room 9107, Washington, DC, 20590, or 

to any FTA regional office listed in 

§ 601.2. 

(b) DOT Docket Management System. 

Unless a particular document says 

otherwise, the following rulemaking 

documents in proceedings started after 

February 1, 1997, are available for 

public review and copying at the 

Department of Transportation’s Docket 

Management System, Room PL 401, 400 

7th Street SW., Washington, DC 20590, 

or for review and downloading through 

the Internet at http://dms.dot.gov: 

(1) Advance notices of proposed 

rulemaking; 

(2) Notices of proposed rulemaking; 

(3) Comments received in response to 

notices; 

(4) Petitions for rulemaking and 

reconsideration; 

Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 67321 

(5) Denials of petitions for rulemaking 

and reconsideration; and 

(6) Final rules. 

(c) Any person may examine docketed 

material, at any time during regular 

business hours after the docket is 

established, and may obtain a copy of 

such material upon payment of a fee, 

except material ordered withheld from 

the public under section 552(b) of Title 

5 of the United States Code. 

(d) Any person seeking documents 

not described above may submit a 

request under the Freedom of 

Information Act (FOIA) by following the 

procedures outlined in 49 CFR Part 7. 

Subpart C—Rulemaking Procedures 

§ 601.20 Applicability. 

This part prescribes rulemaking 

procedures that apply to the issuance, 

amendment and revocation of rules 

under an Act. 

§ 601.21 Definitions. 

Act means statutes granting the 

Secretary authority to regulate public 

transportation. 

Administrator means the Federal 

Transit Administrator, the Deputy 

Administrator or the delegate of either 

of them. 

§ 601.22 General. 

(a) Unless the Administrator, for good 

cause, finds a notice is impractical, 

unnecessary, or contrary to the public 

interest, and incorporates such a finding 

and a brief statement of the reasons for 

it in the rule, a notice of proposed 

rulemaking must be issued, and 

interested persons are invited to 

participate in the rulemaking 

proceedings involving rules under an 

Act. 

(b) For rules for which the 

Administrator determines that notice is 

unnecessary because no adverse public 

comment is anticipated, the direct final 

rulemaking procedure described in 

§ 601.36 of this subpart may be 

followed. 

§ 601.23 Initiation of rulemaking. 

The Administrator initiates 

rulemaking on his/her own motion. 

However, in so doing, he/she may, in 

his/her discretion, consider the 

recommendations of his/her staff or 

other agencies of the United States or of 

other interested persons. 

§ 601.24 Contents of notices of proposed 

rulemaking. 

(a) Each notice of proposed 

rulemaking is published in the Federal 

Register, unless all persons subject to it 

are named and are personally served 

with a copy of it. 

(b) Each notice, whether published in 

the Federal Register or personally 

served, includes: 

(1) A statement of the time, place, and 

nature of the proposed rulemaking 

proceeding; 

(2) A reference to the authority under 

which it is issued; 

(3) A description of the subjects and 

issues involved or the substance and 

terms of the proposed rule; 

(4) A statement of the time within 

which written comments must be 

submitted; and 

(5) A statement of how and to what 

extent interested persons may 

participate in the proceeding. 

§ 601.25 Participation by interested 

persons. 

(a) Any interested person may 

participate in rulemaking proceedings 

by submitting comments in writing 

containing information, views, or 

arguments. 

(b) In his/her discretion, the 

Administrator may invite any interested 

person to participate in the rulemaking 

procedures described in § 601.29. 

§ 601.26 Petitions for extension of time to 

comment. 

A petition for extension of the time to 

submit comments must be received not 

later than three (3) days before 

expiration of the time stated in the 

notice. The filing of the petition does 

not automatically extend the time for 

petitioner’s comments. Such a petition 

is granted only if the petitioner shows 

good cause for the extension, and if the 

extension is consistent with the public 

interest. If an extension is granted, it is 

granted to all persons, and it is 

published in the Federal Register. 

§ 601.27 Contents of written comments. 

All written comments must be in 

English and submitted in five (5) legible 

copies, unless the number of copies is 

specified in the notice. Any interested 

person must submit as part of his/her 

written comments all material that he/ 

she considers relevant to any statement 

of fact made by him/her. Incorporation 

of material by reference is to be avoided. 

However, if such incorporation is 

necessary, the incorporated material 

shall be identified with respect to 

document and page. 

§ 601.28 Consideration of comments 

received. 

All timely comments are considered 

before final action is taken on a 

rulemaking proposal. Late filed 

comments may be considered so far as 

practicable. 

§ 601.29 Additional rulemaking 

proceedings. 

The Administrator may initiate any 

further rulemaking proceedings that he/ 

she finds necessary or desirable. For 

example, interested persons may be 

invited to make oral arguments, to 

participate in conferences between the 

Administrator or his/her representative 

at which minutes of the conference are 

kept, to appear at informal hearings 

presided over by officials designated by 

the Administrator at which a transcript 

or minutes are kept, or participate in 

any other proceeding to assure informed 

administrative action and to protect the 

public interest. 

§ 601.30 Hearings. 

(a) Sections 556 and 557 of Title 5, 

United States Code, do not apply to 

hearings held under this part. Unless 

otherwise specified, hearings held 

under this part are informal, nonadversary, fact-finding procedures at 

which there are no formal pleadings or 

adverse parties. Any rule issued in a 

case in which an informal hearing is 

held is not necessarily based exclusively 

on the record of the hearing. 

(b) The Administrator designates a 

representative to conduct any hearing 

held under this part. The Chief Counsel 

of the Federal Transit Administration 

designates a member of his/her staff to 

serve as legal officer at the hearing. 

§ 601.31 Adoption of final rules. 

Final rules are prepared by 

representatives of the office concerned 

and the Office of Chief Counsel. The 

rule is then submitted to the 

Administrator for his/her consideration. 

If the Administrator adopts the rule, it 

is published in the Federal Register, 

unless all persons subject to it are 

named and are personally served a copy 

of it. 

§ 601.32 Petitions for rulemaking or 

exemptions. 

(a) Any interested person may 

petition the Administrator to establish, 

amend, or repeal a rule, or for a 

permanent or temporary exemption 

from FTA rules as allowed by law. 

(b) Each petition filed under this 

section must: 

(1) Be submitted in duplicate to the 

Administrator, Federal Transit 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590; 

(2) State the name, street and mailing 

addresses, and telephone number of the 

petitioner; if the petitioner is not an 

individual, state the name, street and 

mailing addresses and telephone 

number of an individual designated as 

an agent of the petitioner for all 

purposes related to the petition; 

67322 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 

(3) Set forth the text or substance of 

the rule or amendment proposed, or of 

the rule from which the exemption is 

sought, or specify the rule that the 

petitioner seeks to have repealed, as the 

case may be; 

(4) Explain the interest of the 

petitioner in the action requested, 

including, in the case of a petition for 

an exemption, the nature and extent of 

the relief sought and a description of the 

persons to be covered by the exemption; 

(5) Contain any information and 

arguments available to the petitioner to 

support the action sought; and 

(6) In the case of a petition for 

exemption, except in cases in which 

good cause is shown, the petition must 

be submitted at least 120 days before the 

requested effective date of the 

exemption. 

§ 601.33 Processing of petitions. 

(a) Each petition received under 

§ 601.32 of this part is referred to the 

head of the office responsible for the 

subject matter of that petition. Unless 

the Administrator otherwise specifies, 

no public hearing, argument or other 

proceeding is held directly on a petition 

before its disposition under this section. 

(b) Grants. If the Administrator 

determines the petition contains 

adequate justification, he/she initiates 

rulemaking action under this Subpart C 

or grants the exemption, as the case may 

be. 

(c) Denials. If the Administrator 

determines the petition does not justify 

rulemaking or granting the exemption, 

he/she denies the petition. 

(d) Notification. Whenever the 

Administrator determines that a petition 

should be granted or denied, the office 

concerned and the Office of Chief 

Counsel prepare a notice of that grant or 

denial for issuance to the petitioner, and 

the Administrator issues it to the 

petitioner. 

§ 601.34 Petitions for reconsideration. 

(a) Any interested person may 

petition the Administrator for 

reconsideration of a final rule issued 

under this part. The petition must be in 

English and submitted in duplicate to 

the Administrator, Federal Transit 

Administration, 400 Seventh Street, 

SW., Washington, DC, 20590, and 

received not later than thirty (30) days 

after publication of the final rule in the 

Federal Register. Petitions filed after 

that time will be considered as petitions 

filed under § 601.32. The petition must 

contain a brief statement of the 

complaint and an explanation as to why 

compliance with the final rule is not 

practicable, is unreasonable, or is not in 

the public interest. 

(b) If the petitioner requests the 

consideration of additional facts, he/she 

must state the reason the facts were not 

presented to the Administrator within 

the prescribed comment period of the 

rulemaking. 

(c) The Administrator does not 

consider repetitious petitions. 

(d) Unless the Administrator 

otherwise provides, the filing of a 

petition under this section does not stay 

the effectiveness of the final rule. 

§ 601.35 Proceedings on petitions for 

reconsideration. 

The Administrator may grant or deny, 

in whole or in part, any petition for 

reconsideration without further 

proceedings. In the event he/she 

determines to reconsider any rule, he/ 

she may issue a final decision on 

reconsideration without further 

proceedings, or he/she may provide 

such opportunity to submit comment or 

information and data as he/she deems 

appropriate. Whenever the 

Administrator determines that a petition 

should be granted or denied, he/she 

prepares a notice of the grant or denial 

of a petition for reconsideration and 

issues it to the petitioner. The 

Administrator may consolidate petitions 

relating to the same rule. 

§ 601.36 Procedures for direct final 

rulemaking. 

(a) Rules the Administrator judges to 

be non-controversial and unlikely to 

result in adverse public comment may 

be published as direct final rules. These 

include non-controversial rules that: 

(1) Affect internal procedures of FTA, 

such as filing requirements and rules 

governing inspection and copying of 

documents; 

(2) Are non-substantive clarifications 

or corrections to existing rules; 

(3) Update existing forms; 

(4) Make minor changes in the 

substantive rule regarding statistics and 

reporting requirements; 

(5) Make changes to the rule 

implementing the Privacy Act; and 

(6) Adopt technical standards set by 

outside organizations. 

(b) The Federal Register document 

will state that any adverse comment or 

notice of intent to submit adverse 

comment must be received in writing by 

FTA within the specified time after the 

date of publication and that, if no 

written adverse comment or written 

notice of intent to submit adverse 

comment is received, the rule will 

become effective a specified number of 

days after the date of publication. 

(c) If no written adverse comment or 

written notice of intent to submit 

adverse comment is received by FTA 

within the specified time of publication 

in the Federal Register, FTA will 

publish a notice in the Federal Register 

indicating that no adverse comment was 

received and confirming that the rule 

will become effective on the date that 

was indicated in the direct final rule. 

(d) If FTA receives any written 

adverse comment or written notice of 

intent to submit adverse comment 

within the specified time of publication 

in the Federal Register, a notice 

withdrawing the direct final rule will be 

published in the final rule section of the 

Federal Register and, if FTA decides a 

rulemaking is warranted, a notice of 

proposed rulemaking will be published 

in the proposed rule section of the 

Federal Register. 

(e) An ‘‘adverse’’ comment for the 

purpose of this subpart means any 

comment that FTA determines is critical 

of the rule, suggests that the rule should 

not be adopted, or suggests a change 

that should be made in the rule. A 

comment suggesting that the policy or 

requirements of the rule should or 

should not also be extended to other 

Departmental programs outside the 

scope of the rule is not adverse. 

Issued in Washington, DC, this 1st day of 

November 2005. 

Jennifer L. Dorn, 

Administrator. 

[FR Doc. 05–22052 Filed 11–3–05; 8:45 am] 

BILLING CODE 4910–57–P