[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Notices]
[Page 3131-3132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-157]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2009-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2009
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: As provided in 49 CFR Part 601, Subpart D, (72 FR 910, Jan. 9,
2007), the Federal Transit Administration (FTA) must, by January 31 of
each year, establish an Emergency Relief Docket so grantees and
subgrantees affected by national or regional emergencies may request
relief from FTA administrative requirements set forth in FTA policy
statements, circulars, guidance documents, and regulations. By this
notice, FTA is establishing an Emergency Relief Docket for calendar
year 2009.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division, Office of Chief Counsel, Federal
Transit Administration, 1200 New Jersey Ave., SE., Room E56-303,
Washington, DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-
mail, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION: The Administrator in his/her sole discretion
shall determine the need for opening the Emergency Relief Docket. It
may be opened at the request of a grantee or subgrantee, or on the
Administrator's own initiative. When the Emergency Relief Docket is
opened, FTA will post a notice on its Web site, at http://
www.fta.dot.gov. In addition, a notice will be posted in the docket.
In the event a grantee or subgrantee believes the Emergency Relief
Docket should be opened and it has not been opened, that grantee or
subgrantee may submit a petition in duplicate to the Administrator, via
U.S. mail, to: Federal Transit Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590; via telephone, at: (202) 366-4043; or via
fax, at: (202) 366-3472, requesting opening of the Docket for that
emergency and including the information set forth below.
All petitions for relief from administrative requirements must be
posted in the docket in order to receive consideration by FTA. The
docket is publicly accessible and can be accessed 24 hours a day, seven
days a week, via the Internet at http://www.regulations.gov. Petitions
may also be submitted by U.S. mail or by hand delivery to the DOT
Docket Management Facility, 1200 New Jersey Ave., SE., Room W12-140,
Washington, DC 20590. Any grantee or subgrantee submitting petitions
for relief or comments to the docket must include the agency name
(Federal Transit Administration) and docket number FTA-2009-0001.
Grantees and subgrantees making submissions to the docket by mail or
hand delivery should submit two copies.
In the event a grantee or subgrantee needs to request immediate
relief and does not have access to electronic means to request that
relief, the grantee or subgrantee may contact any FTA regional office
or FTA headquarters and request that FTA staff submit the petition on
its behalf.
A petition for relief shall:
(a) Identify the grantee or subgrantee and its geographic location;
(b) Specifically address how an FTA requirement in a policy
statement, circular, or agency guidance will limit a grantee's or
subgrantee's ability to respond to an emergency or disaster;
(c) Identify the policy statement, circular, guidance document and/
or rule from which the grantee or subgrantee seeks relief; and
(d) Specify if the petition for relief is one-time or ongoing, and
if ongoing identify the time period for which the relief is requested.
The time period may
[[Page 3132]]
not exceed three months; however, additional time may be requested
through a second petition for relief.
A petition for relief from administrative requirements 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 may contact the grantee or
subgrantee that submitted the request for relief, or any party that
submits comments to the docket, to obtain more information prior to
making a decision. FTA shall 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. If
FTA does not respond to the request for relief to the docket within
three business days, the grantee or subgrantee may assume its petition
is granted for a period not to exceed three months until and unless FTA
states otherwise.
Pursuant to section 604.2(f) of FTA's charter rule (73 FR 2325,
Jan. 14, 2008), grantees and subgrantees may assist with evacuations or
other movement of people that might otherwise be considered charter
transportation when that transportation is in response to an emergency
declared by the President, governor, or mayor, or in an emergency
requiring immediate action prior to a formal declaration, even if a
formal declaration of an emergency is not eventually made by the
President, governor or mayor. Therefore, a request for relief is not
necessary in order to provide this service. However, if the emergency
lasts more than 45 calendar days, the grantee or subgrantee shall
follow the procedures set out in this notice.
FTA reserves the right to reopen any docket and reconsider any
decision made pursuant to these emergency procedures based upon its own
initiative, based upon information or comments received subsequent to
the three business day comment period, or at the request of a grantee
or subgrantee upon denial of a request for relief. FTA shall notify the
grantee or subgrantee if it plans to reconsider a decision. FTA
decision letters, either granting or denying a petition, shall be
posted in the Emergency Relief Docket and shall reference the document
number of the petition to which it relates.
Issued in Washington, DC, this 9th day of January, 2009.
Severn E.S. Miller,
FTA Chief Counsel.
[FR Doc. E9-858 Filed 1-15-09; 8:45 am]
BILLING CODE 4910-57-P