[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44957-44960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6771]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 601
[Docket FTA-2006-22428]
RIN 2132-AA89
Emergency Procedures for Public Transportation Systems
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This rulemaking proposes to establish a new subpart in 601 of
Title 49 of the Code of Federal Regulations, to establish emergency
relief procedures for granting relief from Federal transit policy
statements, circulars, guidance documents, and regulations in times of
national or regional emergencies.
DATES: Comment Closing Date: Comments should be submitted by October
10, 2006. Late-filed comments will be considered to the extent
practicable.
ADDRESSES: You may submit comments identified by the docket number
[FTA-2006-22428] by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2006-22428) or the Regulatory
Identification Number (RIN) for this rulemaking at the beginning of
your comments. You should submit two copies of your comments if you
submit
[[Page 44958]]
them by mail. If you wish to receive confirmation that FTA received
your comments, you must include a self-addressed stamped postcard. Note
that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided, and will be
available to internet users. Please see the Privacy Act section of this
document.
Docket: For access to the docket to read background documents and
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division, Office of Chief Counsel, Federal
Transit Administration, 400 Seventh Street, SW., Room 9316, Washington,
DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-mail,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Authority for This Rulemaking
In addition to FTA's general rulemaking authority provided under 49
U.S.C. 15334, 42 U.S.C. 5141 (section 301 of the Stafford Act, Pub. L.
92-288, as amended) provides that ``[a]ny Federal agency charged with
the administration of a Federal assistance program may, if so requested
by the applicant State or local authorities, modify or waive, for a
major disaster, such administrative conditions for assistance as would
otherwise prevent the giving of assistance under such programs if the
inability to meet such conditions is a result of the major disaster.''
This section allows FTA, at a State or local governmental entity's
request, to waive or modify any administrative condition it has placed
on any of its Federal transit assistance programs if the State or local
governmental entity cannot meet the condition because of the major
disaster. This provision does not, however, allow for the waiver or
modification of any Federal transit program requirement mandated by
statute, therefore, this rulemaking would apply only to non-statutory
requirements in FTA regulations and policies.
II. Background
When a natural or man-made disaster occurs that results in
significant damage to property and loss of life, such as Hurricanes
Katrina and Rita or the events of September 11, 2001, our nation's
transit systems play a key role in evacuating people, providing
necessary supplies, and moving displaced families and relief personnel
to and from the area. In the aftermath of Hurricanes Katrina and Rita,
FTA received numerous requests for relief from policy statements,
circulars, guidance documents and regulations, from transit agencies in
the immediate disaster zone as well as transit agencies receiving
evacuees. In order to ensure consistent responses to similar requests,
FTA regional offices had to forward all requests to headquarters, which
then reviewed the request and sent a message back to the regional
office. This was a time-consuming process that resulted in delayed
responses to requests for relief. Therefore, FTA believes it is
necessary to establish a process by which we can quickly and
efficiently handle requests for relief from Federal requirements that
are directly related to the effects of a national or regional
emergency, such as Hurricanes Katrina and Rita. FTA recognizes that
these types of petitions must be afforded special consideration and
must be handled expeditiously in order to ensure that the safety of the
public and the safety of those individuals and businesses providing aid
are immediately addressed.
This NPRM would establish an Emergency Relief Docket within two
business days of an emergency or disaster declaration in which it
appears transit agencies are or will be impacted. In the event
emergencies can be foreseen, such as hurricanes, FTA proposes setting
up such a docket in advance of the event, so that emergency evacuation
and other services can occur in a timely manner. FTA would place a
message on its Web page (http://www.fta.dot.gov) indicating an
Emergency Relief Docket has been established and including the docket
number. Any person would be able to petition the Administrator for
temporary relief from administrative requirements. The petition would
be conditionally granted for three (3) business days, during which time
anyone could provide comments on the petition. FTA would then post a
decision to the Emergency Relief Docket.
In some instances, grantees or subrecipients may not have access to
electronic means by which to request relief. In those situations, FTA
proposes to allow the grantee or subrecipient to contact any FTA
regional office and ask the office to submit a request for relief on
its behalf. Further, in the event a State's subrecipient is impacted by
an emergency, the State may request relief on behalf of the
subrecipient, even if the State (as the recipient) is not impacted by
the emergency.
FTA believes this new emergency procedure would provide the agency
with the ability to promptly and effectively address relief requests,
while ensuring that the public and all interested parties are afforded
proper notice of any such requests and are provided a sufficient
opportunity to comment. FTA notes that these procedures would apply to
policy statements, circulars, guidance documents and non-statutory
requirements in regulations only, as FTA does not have the authority to
waive statutory requirements.
In addition, FTA cannot independently waive regulations promulgated
by the U.S. Department of Transportation (DOT). If a grantee needed
relief from DOT regulations, such as the Americans with Disabilities
Act (49 CFR part 37) or the Common Grant Rule (49 CFR part 18), the
grantee would submit a request for relief to FTA's Emergency Relief
Docket in the same manner it would request relief from FTA regulations.
FTA would then work with DOT to process the petition for relief,
including a request for a hearing, if any. Once DOT provides a
response, FTA would post the response to the docket and the same review
procedures would apply.
The proposed emergency procedures would establish FTA's criteria
for requesting relief and would only be used to address petitions for
relief that FTA determines are directly related to a Presidential
declaration of a national or regional emergency, or anticipation of
such a declaration, such as Hurricanes Katrina and Rita, or the events
of September 11, 2001. FTA seeks comment on whether a State Governor's
declaration of an emergency should also trigger these emergency relief
procedures.
As FTA responds to emergencies, trends emerge as to the types of
relief requests we are likely to receive. FTA seeks comment on whether
it would be helpful, when opening an emergency relief docket, for FTA
to proactively extend relief from certain policies, circulars, guidance
or regulations to the geographical area(s) most impacted by the
emergency, rather than waiting for transit agencies to request relief.
FTA remains mindful that as both public and private transportation
providers move to expand service to address the needs of persons
affected by national or regional emergencies, like Hurricanes Katrina
and Rita, it is important to ensure that private companies are not
placed at a competitive disadvantage in the
[[Page 44959]]
marketplace. FTA requests public comment on whether the procedures
contained in this NPRM would provide the necessary relief while also
allowing the private sector to participate in transit relief efforts.
Under the proposed relief procedures, FTA would reserve the right
to reopen any docket and reconsider any decision on its own initiative
or based upon information or comments received. FTA requests public
comment on whether the proposed three business day period is a
sufficient amount of time to provide comments on petitions for relief.
III. Rulemaking Analysis and Notices
Executive Order 12866
This NPRM is nonsignificant for purposes of Executive Order 12866
and the Department of Transportation's Regulatory Policies and
Practices. The NPRM proposes to establish emergency procedures and
requests for relief from Federal transit regulations. FTA requests
comment on whether this rulemaking may have unintended cost impacts.
Federalism Assessment
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). FTA
believes this rule would not impose any requirements that would have
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government.
Executive Order 13175
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this NPRM does
not have tribal implications and does not impose direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
Regulatory Flexibility Act and Executive Order 13272
Section 603 of the Regulatory Flexibility Act (RFA) requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553 to publish a general notice of proposed rulemaking for any proposed
rule. Similarly, section 604 of the RFA requires an agency to prepare a
final regulatory flexibility analysis when an agency issues a final
rule under 5 U.S.C. 553 after being required to publish a general
notice of proposed rulemaking. Because this rulemaking proposes a
process by which small entities may seek relief from Federal transit
requirements, FTA does not believe this NPRM would have a significant
economic impact on a substantial number of small entities. FTA requests
public comment on whether this rulemaking may have unintended impacts
on small entities.
Unfunded Mandates Reform Act of 1995
This rule would not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $128.1
million or more, in the aggregate, to any of the following: State,
local, or Native American tribal governments, or the private sector.
Paperwork Reduction Act
There are no new information collection requirements in this NPRM.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in heading of
this document may be used to cross-reference this action with the
Unified Agenda.
Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. We find that there are no significant environmental
impacts associated with this NPRM, but ask for public comment on this
issue.
Privacy Act
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comments (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
List of Subjects in 49 CFR Part 601
Administrative Practice and Procedure; Organization, Functions, and
Procedures.
For the reasons set forth in the preamble, part 601 of title 49 of
the Code of Federal Regulations is proposed to be amended as follows:
Add subpart D, consisting of 601.40 through 601.46, to read as
follows:
Subpart D--Emergency Procedures for Public Transportation Systems
Sec.
601.40 Applicability.
601.41 Petitions for relief.
601.42 Emergency relief docket.
601.43 Required information.
601.44 Processing of petitions.
601.45 Request for hearing on petition for relief.
601.46 Review procedures.
Authority: 49 U.S.C. 5334; 49 CFR 1.51, 42 U.S.C. 5141.
Subpart D--Emergency Procedures for Public Transportation Systems
Sec. 601.40 General applicability.
This part prescribes procedures that apply to FTA grantees and
subgrantees when the President has declared a national or regional
emergency, or in anticipation of such a declaration.
Sec. 601.41 Petitions for relief.
In the case of a national or regional emergency or disaster, or in
anticipation of such a disaster, any person may petition the
Administrator for temporary relief from the provisions of any policy
statement, circular, guidance document or rule.
Sec. 601.42 Emergency relief docket.
(a) In an effort to maintain transparency regarding the approval or
denial of requests for petitions for relief, FTA will establish an
Emergency Relief docket in the Department's Docket Management System
(DMS). FTA will place a message on its Web page (http://www.fta.dot.gov) indicating an Emergency Relief Docket has been
established and including the docket number.
(b) The Emergency Relief Docket will be established within two
business days of an emergency or disaster declaration in which it
appears FTA grantees or subgrantees are or will be impacted. In cases
in which emergencies can be anticipated, such as hurricanes, FTA will
establish an Emergency Relief Docket in advance of the event. In the
event any person believes an Emergency Relief Docket should be
established and one has not been so established, that person may submit
a petition in duplicate to the Administrator, Federal Transit
Administration, 400 Seventh Street, SW., Washington, DC 20590,
requesting establishment of the docket and including the information
under Sec. 601.43 below. The Administrator in
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his/her sole discretion shall determine the need for an Emergency
Relief Docket.
(c) All petitions for relief must be posted in the docket in order
to receive consideration by FTA.
(1) The docket is publicly accessible and can be accessed 24 hours
a day, seven days a week, via the Internet at the docket facility's Web
site at http://dms.dot.gov. Petitions may also be submitted by U.S.
mail or by hand delivery to the DOT Docket Management Facility, Room
PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590.
(2) In the event a person needs to request immediate relief and
does not have access to electronic means to request that relief, the
person may contact any FTA regional office and request that the FTA
regional office submit the petition on their behalf.
(3) Any person submitting petitions for relief or comments to the
docket must include the agency name (Federal Transit Administration)
and docket number, which will be assigned at the time the docket is
established. Persons making submissions by mail or hand delivery should
submit two copies.
(4) Note that all petitions for relief and comments received will
be posted, without change, to http://dms.dot.gov including any personal
information provided and will be available to Internet users.
(5) All documents in this docket are available for inspection and
copying on the web site or are available for examination at the DOT
Docket Management Facility during regular business hours (9 a.m. to 5
p.m. eastern time).
Sec. 601.43 Required Information.
A petition for relief under this section must:
(a) Identify the grantee or subgrantee and its geographic location;
(b) Specifically address how the petition for exemption from FTA
policy statements, circulars, guidance documents and/or rules is
related to the emergency relief efforts, or how the grantee or
subgrantee is negatively impacted by the emergency or disaster;
(c) Identify the policy statement, circular, guidance document and/
or rule from which the petitioner seeks relief;
(d) Specify if the petition for relief is one-time or ongoing, and
if ongoing identify the time period for which the relief is in effect.
The time period may not exceed three months, however, additional time
may be requested through a second petition for relief; and
(e) If relief is sought from charter service requirements, include
a certification that the grantee or subgrantee made good faith efforts
to contact, by whatever means available, private charter or school bus
operators to determine whether those entities are willing to provide
the service. Documentation should include the name and address of the
private charter operator(s), the date the requestor (e.g., the transit
agency) contacted the operator(s), and what response the requestor
received. In addition, the grantee or subgrantee must certify that it
contacted the American Bus Association (e-mail: [email protected],
phone: (202) 842-1645); the United Motor Coach Association (e-mail:
[email protected], phone: (800) 424-8262); and the National School
Transportation Association (e-mail: [email protected], phone: (800)
222Z-NSTA).
Sec. 601.44 Processing of petitions.
A petition for relief will be conditionally granted for a period of
three (3) business days from the date it is submitted to the Emergency
Relief Docket. FTA will review the petition after the expiration of the
three business days and review any comments submitted thereto. FTA will
then post a decision to the Emergency Relief Docket FTA's decision will
be based on whether the petition meets the criteria for use of these
emergency procedures, the substance of the request, and the comments
submitted regarding the petition.
Sec. 601.45 Request for hearing on petition for relief.
Parties interested in having a public hearing on any petition must
notify FTA within three business days of the posting of the petition
for relief in the Emergency Relief Docket. Upon receiving such a
request, FTA will immediately arrange for a telephone conference to
occur between all interested parties as soon as practicable. FTA may
grant a petition for relief prior to conducting a public hearing if
such action is in the public interest or in situations where a hearing
request is received after the three business days has expired. In such
an instance, FTA will immediately notify the party requesting the
public hearing and will arrange to conduct such hearing as soon as
practicable.
Sec. 601.46 Review Procedures.
FTA reserves the right to reopen any docket and reconsider any
decision made pursuant to these emergency procedures based upon its own
initiative or based upon information or comments received subsequent to
the three business day comment period or at a later scheduled public
hearing.
Issued in Washington, DC, this 2nd day of August 2006.
Sandra K. Bushue,
FTA Deputy Administrator.
[FR Doc. 06-6771 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-57-M