80_FR_60414 80 FR 60222 - Emergency Relief Program Guidance

80 FR 60222 - Emergency Relief Program Guidance

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60222-60224
FR Document2015-25187

The Federal Transit Administration (FTA) has published final guidance on FTA's Emergency Relief (ER) Program for states and transit agencies that may be affected by a declared emergency or disaster and that may seek Federal funding under FTA's ER Program. The guidance is contained in the newly revised Reference Manual for States & Transit Agencies on Response and Recovery from Declared Disasters and FTA's Emergency Relief Program, which replaces Response and Recovery from Declared Emergencies and Disasters: A Reference for Transit Agencies, last updated in June 2013. This final guidance addresses one public comment received in response to the proposed guidance published on February 4, 2015. In addition to guidance on the ER Program, this document provides information on other disaster relief resources available through FTA and from the Federal Emergency Management Agency (FEMA). This guidance is now available on FTA's Web site at www.fta.dot.gov/emergencyrelief.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60222-60224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25187]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Emergency Relief Program Guidance

AGENCY: Federal Transit Administration (FTA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of availability of final guidance for FTA's Emergency 
Relief Program.

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) has published final 
guidance on FTA's Emergency Relief (ER) Program for states and transit 
agencies that may be affected by a declared emergency or disaster and 
that may seek Federal funding under FTA's ER Program. The guidance is 
contained in the newly revised Reference Manual for States & Transit 
Agencies on Response and Recovery from Declared Disasters and FTA's 
Emergency Relief Program, which replaces Response and Recovery from 
Declared Emergencies and Disasters: A Reference for Transit Agencies, 
last updated in June 2013. This final guidance addresses one public 
comment received in response to the proposed guidance published on 
February 4, 2015. In addition to guidance on the ER Program, this 
document provides information on other disaster relief resources 
available through FTA and from the Federal Emergency Management Agency 
(FEMA). This guidance is now available on FTA's Web site at 
www.fta.dot.gov/emergencyrelief.

FOR FURTHER INFORMATION CONTACT: For questions about the ER Program, 
contact Adam Schildge, Office of Program Management, 1200 New Jersey 
Ave. SE., Washington, DC 20590, phone: (202) 366-0778, or email, 
[email protected]. For legal questions regarding the final program 
regulations, contact Bonnie Graves, Office of Chief Counsel, 1200 New 
Jersey Ave. SE., Washington, DC 20590, phone: (202) 366-0944, or email, 
[email protected].

SUPPLEMENTARY INFORMATION: The FTA has published final guidance on 
FTA's ER Program for states and transit agencies that may be affected 
by a declared emergency or disaster and that may seek Federal disaster 
assistance for emergency related expenses. This guidance document, 
Reference Manual for States & Transit Agencies on Response and Recovery 
from Declared Disasters and FTA's Emergency Relief Program, includes 
information on disaster relief resources available for transit systems 
from both FTA and FEMA, in addition to detailed program guidance and 
application instructions for FTA's Emergency Relief Program. This 
manual has been produced in coordination with FEMA, and incorporates 
current guidance on FEMA disaster relief programs. It also includes 
guidance for transit agencies on the appropriate circumstances under 
which to apply to FTA or FEMA for disaster relief assistance.
    This reference manual includes background information on other 
sources of Federal disaster relief assistance, in addition to 
recommended practices for states and transit agencies for disaster 
preparation and response previously included in ``Response and Recovery 
from Declared Emergencies and Disasters: A Reference for Transit 
Agencies.'' This information has been updated and is contained in 
Chapters 1, 2 and 3 of this reference manual.
    Guidance specific to FTA's ER Program is contained in Chapter 4 of 
this reference manual.
    This includes an overview of eligible recipients, eligible 
projects, application procedures, and other key program policies and 
requirements. The guidance in this manual is based on final program 
regulations published on October 7, 2014 at 49 C.F.R part 602 (79 FR 
60349), which were developed through a public notice and comment 
process. The guidance document includes previously issued policy 
statements and information from Federal Register notices that FTA 
published subsequent to Hurricane Sandy.
    The final Emergency Relief program guidance incorporates several 
clarifications in response to the one consolidated public comment 
received on the proposed guidance published February 4, 2015. Specific 
comments and responses are explained below:

Chapter 1: Introduction

    Comment 1: The commenter suggests that FTA avoid using the term 
``should'' in the context of recommended practices, because local 
circumstances may make certain disaster relief preparation 
recommendations inappropriate or insufficient.
    FTA response: The final guidance retains the use of ``should'' 
where appropriate. The term ``should'' is not intended to impose a 
requirement, but is used where the recommendation is clear and 
consistent for the majority of potentially affected transit agencies.

Chapter 2: Disaster Preparation Considerations for Transit Agencies

    Comment 2: Given the wide range of governmental structures and 
variation across regions with regard to the mandate and/or capacity of 
Metropolitan Planning Organizations (MPOs), Emergency Operations 
Centers (EOCs), transit agencies, and local governments, the commenter 
suggests that the section on coordinating and pre-planning evacuations 
should be revised to lay out the critical activities involved in 
coordinating an evacuation, without assigning responsibilities.
    FTA Response: This manual is directed specifically to transit 
agencies and related entities, and contains recommendations on the 
types of coordination, in which a transit agency should be involved. 
Such recommendations do not override local arrangements where a transit 
agency is a subordinate party to such a coordinated emergency plan.
    In response, this section has been revised to emphasize cooperation 
with other responsible organizations and levels of government.
    Comment 3: Regarding the manual's recommendation that transit 
agencies develop policies for suspending fare collection during an 
emergency, the commenter noted that the decision to suspend fares is 
likely to depend on particular circumstances of the emergency and that 
transit agencies should have flexibility to make this decision on a 
case-by-case basis.
    FTA response: The section has been clarified to emphasize that this 
recommendation pertains not only to the development of policies on when 
and how such a decision might be made, but also to the development of 
operational plans for implementing such a policy.
    Comment 4: With regard to contracting requirements, the commenter 
recommends that FTA add a discussion regarding the recommended use of 
federal provisions in emergency response and recovery contracts and to 
clarify the timeline and potential for waivers of Federal contracting 
requirements.
    FTA response: The FTA has added language to clarify that although 
contracting provisions and requirements may be waived, recipients 
should not assume that FTA will waive requirements; therefore it is 
advisable to follow Federal procurement requirements for any emergency 
relief

[[Page 60223]]

contracts where Federal funding may be sought. The FTA has made further 
clarifications regarding the timeline and process for requesting and 
receiving waivers of Federal requirements for emergency relief 
projects.
    Comment 5: The commenter suggested that FTA revise a footnote about 
cost effectiveness methodologies and recommended that FTA point out 
that cost effectiveness can be measured by evaluating the criticality 
of the asset to the transit system, the vulnerability of asset given 
different threats, and the replacement cost.
    FTA response: The footnote refers to an analytical tool used by FTA 
to evaluate projects for competitively selected resilience funding, but 
FTA does not require the use of that tool by transit agencies investing 
in resilience improvements. Nonetheless, the factors cited by the 
commenter are insufficient to determine the cost effectiveness of a 
resilience project, which must also include the probability of various 
damage scenarios and differing degrees of damage and disruption posed 
by each scenario and mitigated by the proposed projects. The FTA notes 
that it is developing a simplified tool that will make this type of 
analysis more available for transit agencies to use as a tool for 
decision-making.

Chapter 3: Overview of Disaster Response and Recovery Funding and 
Resources

    Comment 6: The commenter recommends that FTA expand the discussion 
of FTA-ER appropriations to state that in the absence of FTA funding, 
transit agencies should follow both FTA and FEMA procedures until it is 
clear whether Congress will provide Federal funding for the FTA ER 
Program. The commenter also requests that FTA further clarify how FTA 
and FEMA will coordinate on Federal emergency relief capabilities, 
including the damage assessment process.
    FTA Response: Although this manual already makes this 
recommendation and discusses FTA-FEMA coordination in depth, additional 
language has been added to further address this topic.
    Comment 7: The commenter suggests that FTA discuss the differences 
between FEMA and FTA procurement guidelines to clarify that FEMA allows 
local procedures to be followed for the duration of recovery, while the 
FTA ER program requires agencies to follow all federal procedures after 
an initial waiver period. Reiterating this difference could help 
grantees maximize their ability to recover costs from federal sources.
    FTA Response: The manual addresses coordination between FTA and 
FEMA in the aftermath of a disaster, but is not intended to provide 
specific guidance on FEMA procurement requirements.
    Comment 8: Funds for emergency transportation services under FTA's 
ER Program. The commenter recommended that the flow chart be revised to 
include the disaster declaration process and a decision point regarding 
the need for congressional action to provide FTA ER funding.
    FTA Response: The FTA intends to keep in the flow chart a level of 
detail appropriate for users to quickly understand the general 
procedures and milestones in FTA's ER Program. Detailed discussion on 
the criteria for each box is better suited for the chapter narratives.

Chapter 4: Federal Transit Administration Emergency Relief Program 
Policies and Requirements

    Comment 9: The commenter recommended that FTA delete the statement 
that FTA may ``establish additional requirements for recipients of ER 
funding,'' or at a minimum acknowledge that all efforts will be made to 
adhere to published ER program requirements. The commenter stated that 
the proposed open-ended statement will hinder agencies' ability to 
ensure compliance, particularly since the waiver period may be over 
before FTA issues new requirements. The commenter also suggested that 
FTA revise the proposed manual to include a time frame for waiver 
approval and also make it very clear that waiver approvals should not 
be assumed. This will help agencies plan repair projects following the 
waiver period.
    FTA Response: The FTA has made revisions to further clarify that 
waivers of Federal requirements might not be granted. Furthermore, FTA 
retains the discretion to establish additional requirements as 
necessary for recipients of ER funding. In response to the comment, FTA 
has revised this section to clarify various types of additional 
requirements that may be necessary, and to state that FTA will advise 
recipients as early as possible regarding any additional requirements 
for recipients of ER funding.
    Comment 10: The commenter states that interim measures, such as 
emergency repairs, should be included as part of a disaster damage 
assessment, particularly in instances where the damage assessment 
report is used to inform Congress on the need for a special 
appropriation.
    FTA Response: The FTA concurs with emergency repairs and other 
interim measures generally will be eligible for emergency relief 
funding, and has revised this section to recommend that emergency 
repairs be included in the post-disaster damage assessment report.
    Comment 11: The commenter requested that FTA allow for local 
entities to determine what may be considered a capital expenses versus 
an operating expense, with regard to eligibility for funding under the 
ER Program.
    FTA Response: Standard FTA definitions for capital and operating 
expenses will continue to apply under the ER program. This manual 
explains how these definitions apply to emergency response and 
rebuilding activities.
    Comment 12: The commenter recommends that increased maintenance and 
inspections be added to the category of emergency repairs and 
explicitly be identified as eligible expenses. The commenter further 
recommends that these costs not be specifically designated as 
``capital'' or ``operating''.
    FTA Response: The FTA does not agree that increased maintenance and 
inspections should be considered emergency repairs. Such costs should 
be considered either as part of an emergency or permanent repair, or 
should be budgeted as an ongoing preventive maintenance expense.
    Comment 13: The commenter suggests that FTA state that emergency 
operations ``include, but are not limited to'' the listed activities.
    FTA Response: The FTA has revised this section as requested. This 
revision is consistent with program regulations, which do not define an 
exclusive list of eligible emergency operations activities.
    Comment 14: The commenter does not agree that force account plans 
should be required for emergency repairs. In the normal course of 
business, force account plans are required when an agency uses in-house 
labor rather than a third party contractor to implement a project, and 
the use of in-house labor for access and protection does not trigger 
the need for a force account plan.
    FTA Response: The FTA concurs that force account plans will not be 
required for emergency repairs, and has updated this section 
accordingly. Force account plans will continue to be required for 
permanent repairs, in accordance with FTA Circular 5010: Grant 
Management Requirements.
    Comment 15: The commenter strongly supports FTA's proposal that 
transit agencies be allowed to replace damaged assets with new assets 
that incorporate current design standards, replace

[[Page 60224]]

obsolete equipment, and bring assets to a state of good repair as part 
of its recovery effort. We request that FTA clarify that ``current 
design standards'' may include standards developed by the transit 
agency or industry as well as state, local, or federal codes or 
standards.
    FTA Response: This section has been revised to clarify that current 
design standards also includes the industry's or an agency's own 
current operational specifications.
    Comment 16: The commenter states that to be consistent with FEMA 
and the Federal Highway Administration's (FHWA's) emergency relief 
programs, heavy maintenance should be an eligible expense for declared 
disasters. However, FTA should not adopt FHWA's approach of utilizing a 
dollar threshold to define heavy maintenance, since transit agency 
size, utilization, regional costs and other factors impact the cost of 
work. Instead, we suggest that the heavy maintenance definition be 
based on each agency's annual maintenance budget, including its budget 
for emergency contingency.
    FTA Response: The FTA has added language to clarify that the 
threshold for heavy maintenance will be determined on a case-by-case 
basis and that damages in excess of heavy maintenance to an asset or 
system will mean that all otherwise eligible disaster-related repair 
and emergency response costs may be eligible for reimbursement. 
Further, FTA does not propose to establish a dollar value threshold, 
either absolute or relative to agencies' annual budgets, for defining 
heavy maintenance.
    Comment 17: The commenter requests that if a State or local 
building code requires a higher minimum elevation than FEMA requires, 
that higher elevation should apply. In cases where the transit agency 
has its own documented standards, those should be allowable as well.
    FTA Response: This section has been revised to allow a transit 
agency's documented flood elevation standards to apply for emergency 
relief projects, provided that they are higher than FEMA's elevations 
and comply with State and local building codes.
    Comment 18: The commenter expressed appreciation for the detailed 
discussion of different insurance settlement scenarios since policy 
structures vary widely across agencies. In this section or elsewhere in 
the proposed manual, FTA should address the scenario where the cost to 
repair damages exceeds the total of insurance proceeds plus FTA ER 
funding.
    FTA Response: The FTA has added language addressing this potential 
scenario. In some cases, multiple similar or closely related comments 
have been summarized in this discussion of comments and responses.
    The final guidance document is available on FTA's Web site at: 
www.fta.dot.gov/emergencyrelief.

Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015-25187 Filed 10-2-15; 8:45 am]
 BILLING CODE P



                                                  60222                         Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  to interstate or intrastate commerce that               may seek Federal disaster assistance for              intended to impose a requirement, but
                                                  conflicts with or is inconsistent with                  emergency related expenses. This                      is used where the recommendation is
                                                  this exemption with respect to a firm or                guidance document, Reference Manual                   clear and consistent for the majority of
                                                  person operating under the exemption.                   for States & Transit Agencies on                      potentially affected transit agencies.
                                                    Issued on: September 25, 2015.                        Response and Recovery from Declared
                                                                                                                                                                Chapter 2: Disaster Preparation
                                                  T.F. Scott Darling, III,                                Disasters and FTA’s Emergency Relief
                                                                                                                                                                Considerations for Transit Agencies
                                                                                                          Program, includes information on
                                                  Acting Administrator.                                                                                            Comment 2: Given the wide range of
                                                                                                          disaster relief resources available for
                                                  [FR Doc. 2015–25130 Filed 10–2–15; 8:45 am]                                                                   governmental structures and variation
                                                                                                          transit systems from both FTA and
                                                  BILLING CODE 4910–EX–P
                                                                                                          FEMA, in addition to detailed program                 across regions with regard to the
                                                                                                          guidance and application instructions                 mandate and/or capacity of
                                                                                                          for FTA’s Emergency Relief Program.                   Metropolitan Planning Organizations
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  (MPOs), Emergency Operations Centers
                                                                                                          This manual has been produced in
                                                                                                          coordination with FEMA, and                           (EOCs), transit agencies, and local
                                                  Federal Transit Administration
                                                                                                          incorporates current guidance on FEMA                 governments, the commenter suggests
                                                  Emergency Relief Program Guidance                       disaster relief programs. It also includes            that the section on coordinating and
                                                                                                          guidance for transit agencies on the                  pre-planning evacuations should be
                                                  AGENCY: Federal Transit Administration                  appropriate circumstances under which                 revised to lay out the critical activities
                                                  (FTA), U.S. Department of                               to apply to FTA or FEMA for disaster                  involved in coordinating an evacuation,
                                                  Transportation (DOT).                                   relief assistance.                                    without assigning responsibilities.
                                                  ACTION: Notice of availability of final                    This reference manual includes                        FTA Response: This manual is
                                                  guidance for FTA’s Emergency Relief                     background information on other                       directed specifically to transit agencies
                                                  Program.                                                sources of Federal disaster relief                    and related entities, and contains
                                                                                                          assistance, in addition to recommended                recommendations on the types of
                                                  SUMMARY:   The Federal Transit                                                                                coordination, in which a transit agency
                                                                                                          practices for states and transit agencies
                                                  Administration (FTA) has published                                                                            should be involved. Such
                                                                                                          for disaster preparation and response
                                                  final guidance on FTA’s Emergency                                                                             recommendations do not override local
                                                  Relief (ER) Program for states and transit              previously included in ‘‘Response and
                                                                                                          Recovery from Declared Emergencies                    arrangements where a transit agency is
                                                  agencies that may be affected by a                                                                            a subordinate party to such a
                                                  declared emergency or disaster and that                 and Disasters: A Reference for Transit
                                                                                                          Agencies.’’ This information has been                 coordinated emergency plan.
                                                  may seek Federal funding under FTA’s                                                                             In response, this section has been
                                                  ER Program. The guidance is contained                   updated and is contained in Chapters 1,
                                                                                                          2 and 3 of this reference manual.                     revised to emphasize cooperation with
                                                  in the newly revised Reference Manual                                                                         other responsible organizations and
                                                                                                             Guidance specific to FTA’s ER
                                                  for States & Transit Agencies on                                                                              levels of government.
                                                                                                          Program is contained in Chapter 4 of
                                                  Response and Recovery from Declared                                                                              Comment 3: Regarding the manual’s
                                                  Disasters and FTA’s Emergency Relief                    this reference manual.
                                                                                                             This includes an overview of eligible              recommendation that transit agencies
                                                  Program, which replaces Response and                                                                          develop policies for suspending fare
                                                                                                          recipients, eligible projects, application
                                                  Recovery from Declared Emergencies                                                                            collection during an emergency, the
                                                                                                          procedures, and other key program
                                                  and Disasters: A Reference for Transit                                                                        commenter noted that the decision to
                                                                                                          policies and requirements. The
                                                  Agencies, last updated in June 2013.                                                                          suspend fares is likely to depend on
                                                                                                          guidance in this manual is based on
                                                  This final guidance addresses one                                                                             particular circumstances of the
                                                                                                          final program regulations published on
                                                  public comment received in response to                                                                        emergency and that transit agencies
                                                                                                          October 7, 2014 at 49 C.F.R part 602 (79
                                                  the proposed guidance published on                                                                            should have flexibility to make this
                                                  February 4, 2015. In addition to                        FR 60349), which were developed
                                                                                                          through a public notice and comment                   decision on a case-by-case basis.
                                                  guidance on the ER Program, this                                                                                 FTA response: The section has been
                                                  document provides information on                        process. The guidance document
                                                                                                          includes previously issued policy                     clarified to emphasize that this
                                                  other disaster relief resources available                                                                     recommendation pertains not only to
                                                  through FTA and from the Federal                        statements and information from
                                                                                                          Federal Register notices that FTA                     the development of policies on when
                                                  Emergency Management Agency                                                                                   and how such a decision might be
                                                  (FEMA). This guidance is now available                  published subsequent to Hurricane
                                                                                                          Sandy.                                                made, but also to the development of
                                                  on FTA’s Web site at www.fta.dot.gov/                                                                         operational plans for implementing
                                                                                                             The final Emergency Relief program
                                                  emergencyrelief.                                                                                              such a policy.
                                                                                                          guidance incorporates several
                                                  FOR FURTHER INFORMATION CONTACT: For                                                                             Comment 4: With regard to
                                                                                                          clarifications in response to the one
                                                  questions about the ER Program, contact                 consolidated public comment received                  contracting requirements, the
                                                  Adam Schildge, Office of Program                        on the proposed guidance published                    commenter recommends that FTA add a
                                                  Management, 1200 New Jersey Ave. SE.,                   February 4, 2015. Specific comments                   discussion regarding the recommended
                                                  Washington, DC 20590, phone: (202)                      and responses are explained below:                    use of federal provisions in emergency
                                                  366–0778, or email, adam.schildge@                                                                            response and recovery contracts and to
                                                  dot.gov. For legal questions regarding                  Chapter 1: Introduction                               clarify the timeline and potential for
                                                  the final program regulations, contact                    Comment 1: The commenter suggests                   waivers of Federal contracting
                                                  Bonnie Graves, Office of Chief Counsel,                 that FTA avoid using the term ‘‘should’’              requirements.
                                                  1200 New Jersey Ave. SE., Washington,
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                                                                                                          in the context of recommended                            FTA response: The FTA has added
                                                  DC 20590, phone: (202) 366–0944, or                     practices, because local circumstances                language to clarify that although
                                                  email, Bonnie.Graves@dot.gov.                           may make certain disaster relief                      contracting provisions and requirements
                                                  SUPPLEMENTARY INFORMATION: The FTA                      preparation recommendations                           may be waived, recipients should not
                                                  has published final guidance on FTA’s                   inappropriate or insufficient.                        assume that FTA will waive
                                                  ER Program for states and transit                         FTA response: The final guidance                    requirements; therefore it is advisable to
                                                  agencies that may be affected by a                      retains the use of ‘‘should’’ where                   follow Federal procurement
                                                  declared emergency or disaster and that                 appropriate. The term ‘‘should’’ is not               requirements for any emergency relief


                                             VerDate Sep<11>2014   18:34 Oct 02, 2015   Jkt 238001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1


                                                                                Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                           60223

                                                  contracts where Federal funding may be                     FTA Response: The manual addresses                 measures generally will be eligible for
                                                  sought. The FTA has made further                        coordination between FTA and FEMA                     emergency relief funding, and has
                                                  clarifications regarding the timeline and               in the aftermath of a disaster, but is not            revised this section to recommend that
                                                  process for requesting and receiving                    intended to provide specific guidance                 emergency repairs be included in the
                                                  waivers of Federal requirements for                     on FEMA procurement requirements.                     post-disaster damage assessment report.
                                                  emergency relief projects.                                 Comment 8: Funds for emergency                        Comment 11: The commenter
                                                     Comment 5: The commenter                             transportation services under FTA’s ER                requested that FTA allow for local
                                                  suggested that FTA revise a footnote                    Program. The commenter recommended                    entities to determine what may be
                                                  about cost effectiveness methodologies                  that the flow chart be revised to include             considered a capital expenses versus an
                                                  and recommended that FTA point out                      the disaster declaration process and a                operating expense, with regard to
                                                  that cost effectiveness can be measured                 decision point regarding the need for                 eligibility for funding under the ER
                                                  by evaluating the criticality of the asset              congressional action to provide FTA ER                Program.
                                                  to the transit system, the vulnerability of             funding.                                                 FTA Response: Standard FTA
                                                  asset given different threats, and the                     FTA Response: The FTA intends to                   definitions for capital and operating
                                                  replacement cost.                                       keep in the flow chart a level of detail              expenses will continue to apply under
                                                     FTA response: The footnote refers to                 appropriate for users to quickly                      the ER program. This manual explains
                                                  an analytical tool used by FTA to                       understand the general procedures and                 how these definitions apply to
                                                  evaluate projects for competitively                     milestones in FTA’s ER Program.                       emergency response and rebuilding
                                                  selected resilience funding, but FTA                    Detailed discussion on the criteria for               activities.
                                                                                                          each box is better suited for the chapter                Comment 12: The commenter
                                                  does not require the use of that tool by
                                                                                                          narratives.                                           recommends that increased
                                                  transit agencies investing in resilience
                                                                                                                                                                maintenance and inspections be added
                                                  improvements. Nonetheless, the factors                  Chapter 4: Federal Transit
                                                                                                                                                                to the category of emergency repairs and
                                                  cited by the commenter are insufficient                 Administration Emergency Relief
                                                                                                          Program Policies and Requirements                     explicitly be identified as eligible
                                                  to determine the cost effectiveness of a
                                                                                                                                                                expenses. The commenter further
                                                  resilience project, which must also                        Comment 9: The commenter                           recommends that these costs not be
                                                  include the probability of various                      recommended that FTA delete the                       specifically designated as ‘‘capital’’ or
                                                  damage scenarios and differing degrees                  statement that FTA may ‘‘establish                    ‘‘operating’’.
                                                  of damage and disruption posed by each                  additional requirements for recipients of                FTA Response: The FTA does not
                                                  scenario and mitigated by the proposed                  ER funding,’’ or at a minimum                         agree that increased maintenance and
                                                  projects. The FTA notes that it is                      acknowledge that all efforts will be                  inspections should be considered
                                                  developing a simplified tool that will                  made to adhere to published ER                        emergency repairs. Such costs should be
                                                  make this type of analysis more                         program requirements. The commenter                   considered either as part of an
                                                  available for transit agencies to use as a              stated that the proposed open-ended                   emergency or permanent repair, or
                                                  tool for decision-making.                               statement will hinder agencies’ ability               should be budgeted as an ongoing
                                                  Chapter 3: Overview of Disaster                         to ensure compliance, particularly since              preventive maintenance expense.
                                                  Response and Recovery Funding and                       the waiver period may be over before                     Comment 13: The commenter suggests
                                                  Resources                                               FTA issues new requirements. The                      that FTA state that emergency
                                                                                                          commenter also suggested that FTA                     operations ‘‘include, but are not limited
                                                     Comment 6: The commenter                             revise the proposed manual to include                 to’’ the listed activities.
                                                  recommends that FTA expand the                          a time frame for waiver approval and                     FTA Response: The FTA has revised
                                                  discussion of FTA–ER appropriations to                  also make it very clear that waiver                   this section as requested. This revision
                                                  state that in the absence of FTA funding,               approvals should not be assumed. This                 is consistent with program regulations,
                                                  transit agencies should follow both FTA                 will help agencies plan repair projects               which do not define an exclusive list of
                                                  and FEMA procedures until it is clear                   following the waiver period.                          eligible emergency operations activities.
                                                  whether Congress will provide Federal                      FTA Response: The FTA has made                        Comment 14: The commenter does
                                                  funding for the FTA ER Program. The                     revisions to further clarify that waivers             not agree that force account plans
                                                  commenter also requests that FTA                        of Federal requirements might not be                  should be required for emergency
                                                  further clarify how FTA and FEMA will                   granted. Furthermore, FTA retains the                 repairs. In the normal course of
                                                  coordinate on Federal emergency relief                  discretion to establish additional                    business, force account plans are
                                                  capabilities, including the damage                      requirements as necessary for recipients              required when an agency uses in-house
                                                  assessment process.                                     of ER funding. In response to the                     labor rather than a third party contractor
                                                     FTA Response: Although this manual                   comment, FTA has revised this section                 to implement a project, and the use of
                                                  already makes this recommendation and                   to clarify various types of additional                in-house labor for access and protection
                                                  discusses FTA–FEMA coordination in                      requirements that may be necessary, and               does not trigger the need for a force
                                                  depth, additional language has been                     to state that FTA will advise recipients              account plan.
                                                  added to further address this topic.                    as early as possible regarding any                       FTA Response: The FTA concurs that
                                                     Comment 7: The commenter suggests                    additional requirements for recipients of             force account plans will not be required
                                                  that FTA discuss the differences                        ER funding.                                           for emergency repairs, and has updated
                                                  between FEMA and FTA procurement                           Comment 10: The commenter states                   this section accordingly. Force account
                                                  guidelines to clarify that FEMA allows                  that interim measures, such as                        plans will continue to be required for
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                                                  local procedures to be followed for the                 emergency repairs, should be included                 permanent repairs, in accordance with
                                                  duration of recovery, while the FTA ER                  as part of a disaster damage assessment,              FTA Circular 5010: Grant Management
                                                  program requires agencies to follow all                 particularly in instances where the                   Requirements.
                                                  federal procedures after an initial                     damage assessment report is used to                      Comment 15: The commenter strongly
                                                  waiver period. Reiterating this                         inform Congress on the need for a                     supports FTA’s proposal that transit
                                                  difference could help grantees maximize                 special appropriation.                                agencies be allowed to replace damaged
                                                  their ability to recover costs from federal                FTA Response: The FTA concurs with                 assets with new assets that incorporate
                                                  sources.                                                emergency repairs and other interim                   current design standards, replace


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                                                  60224                         Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  obsolete equipment, and bring assets to                   FTA Response: The FTA has added                     Table of Contents
                                                  a state of good repair as part of its                   language addressing this potential                    I. Overview
                                                  recovery effort. We request that FTA                    scenario. In some cases, multiple similar             II. Chapter-by-Chapter Analysis
                                                  clarify that ‘‘current design standards’’               or closely related comments have been                    A. General Comments
                                                  may include standards developed by the                  summarized in this discussion of                         B. Chapter 1—Introduction and
                                                  transit agency or industry as well as                   comments and responses.                                     Applicability
                                                  state, local, or federal codes or                         The final guidance document is                         C. Chapter 2—General Requirements
                                                  standards.                                              available on FTA’s Web site at:                          D. Chapter 3—Transportation Facilities
                                                                                                          www.fta.dot.gov/emergencyrelief.                         E. Chapter 4—Vehicle Acquisition and
                                                     FTA Response: This section has been
                                                                                                                                                                      Specifications
                                                  revised to clarify that current design                  Therese W. McMillan,                                     F. Chapter 5—Equivalent Facilitation
                                                  standards also includes the industry’s or                                                                        G. Chapter 6—Fixed Route Service
                                                                                                          Acting Administrator.
                                                  an agency’s own current operational                                                                              H. Chapter 7—Demand Responsive Service
                                                                                                          [FR Doc. 2015–25187 Filed 10–2–15; 8:45 am]
                                                  specifications.                                                                                                  I. Chapter 8—Complementary Paratransit
                                                                                                          BILLING CODE P                                              Service
                                                     Comment 16: The commenter states
                                                  that to be consistent with FEMA and the                                                                          J. Chapter 9—ADA Paratransit Eligibility
                                                  Federal Highway Administration’s                                                                                 K. Chapter 10—Passenger Vessels
                                                                                                          DEPARTMENT OF TRANSPORTATION                             L. Chapter 11—Other Modes
                                                  (FHWA’s) emergency relief programs,
                                                                                                                                                                   M. Chapter 12—Oversight, Complaints,
                                                  heavy maintenance should be an                          Federal Transit Administration                              and Monitoring
                                                  eligible expense for declared disasters.
                                                  However, FTA should not adopt                           [Docket Nos. FTA–2014–0024, FTA–2014–                 I. Overview
                                                  FHWA’s approach of utilizing a dollar                   0003, FTA–2012–0045]
                                                                                                                                                                   FTA is publishing Circular C 4710.1,
                                                  threshold to define heavy maintenance,                  Americans With Disabilities Act: Final                regarding the Americans with
                                                  since transit agency size, utilization,                 Circular                                              Disabilities Act (ADA), to provide
                                                  regional costs and other factors impact                                                                       recipients of FTA financial assistance
                                                  the cost of work. Instead, we suggest                   AGENCY:   Federal Transit Administration              with information regarding their ADA
                                                  that the heavy maintenance definition                   (FTA), DOT.                                           obligations under the regulations, and to
                                                  be based on each agency’s annual                        ACTION: Notice of availability of final               provide additional optional good
                                                  maintenance budget, including its                       circular.                                             practices and suggestions to local transit
                                                  budget for emergency contingency.                                                                             agencies.
                                                     FTA Response: The FTA has added                      SUMMARY:   The Federal Transit                           The proposed Circular was submitted
                                                  language to clarify that the threshold for              Administration (FTA) has placed in the                to the public for notice and comment in
                                                  heavy maintenance will be determined                    docket and on its Web site, guidance in               three phases. FTA issued a notice of
                                                  on a case-by-case basis and that                        the form of a Circular to assist grantees             availability of the proposed first phase,
                                                  damages in excess of heavy                              in complying with the Americans with                  entitled ‘‘Americans with Disabilities
                                                  maintenance to an asset or system will                  Disabilities Act (ADA). The purpose of                Act: Proposed Circular Chapter, Vehicle
                                                  mean that all otherwise eligible disaster-              this Circular is to provide recipients of             Acquisition,’’ in the Federal Register on
                                                  related repair and emergency response                   FTA financial assistance with                         October 2, 2012 (77 FR 60170). The
                                                  costs may be eligible for reimbursement.                instructions and guidance necessary to                comment period closed December 3,
                                                  Further, FTA does not propose to                        carry out the U.S. Department of                      2012. FTA issued a notice of availability
                                                  establish a dollar value threshold, either              Transportation’s ADA regulations.                     of the second phase, entitled
                                                  absolute or relative to agencies’ annual                DATES: Effective Date: The final Circular             ‘‘Americans with Disabilities Act:
                                                  budgets, for defining heavy                             becomes effective November 4, 2015.                   Proposed Circular Amendment 1,’’ in
                                                  maintenance.                                            FOR FURTHER INFORMATION CONTACT: For                  the Federal Register on February 19,
                                                     Comment 17: The commenter requests                   program questions, Dawn Sweet, Office                 2014 (79 FR 9585). The comment period
                                                  that if a State or local building code                  of Civil Rights, Federal Transit                      closed April 21, 2014. Amendment 1
                                                  requires a higher minimum elevation                     Administration, 1200 New Jersey Ave.                  introduced the following chapters:
                                                  than FEMA requires, that higher                         SE., Room E54–306, Washington, DC                     Chapter 1 (Introduction and
                                                  elevation should apply. In cases where                  20590, phone: (202) 366–4018, or email,               Applicability); Chapter 2 (General
                                                  the transit agency has its own                          dawn.sweet@dot.gov. For legal                         Requirements); Chapter 5 (Equivalent
                                                  documented standards, those should be                   questions, Bonnie Graves, Office of                   Facilitation); and Chapter 8
                                                  allowable as well.                                      Chief Counsel, same address, Room                     (Complementary Paratransit Service).
                                                     FTA Response: This section has been                  E56–306, phone: (202) 366–4011, fax:                  FTA issued a notice of availability of the
                                                  revised to allow a transit agency’s                     (202) 366–3809, or email,                             third phase, entitled ‘‘Americans with
                                                  documented flood elevation standards                    bonnie.graves@dot.gov.                                Disabilities Act: Proposed Circular
                                                  to apply for emergency relief projects,                 SUPPLEMENTARY INFORMATION:                            Amendment 2,’’ in the Federal Register
                                                  provided that they are higher than                                                                            on November 12, 2014 (79 FR 67234).
                                                  FEMA’s elevations and comply with                       Availability of Final Circular                        The comment period was scheduled to
                                                  State and local building codes.                            This notice provides a summary of the              close on January 12, 2015, but at the
                                                     Comment 18: The commenter                            final changes to the ADA Circular and                 request of commenters, FTA extended
                                                  expressed appreciation for the detailed                 responses to comments. The final                      the comment period until February 11,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  discussion of different insurance                       Circular itself is not included in this               2015. Amendment 2 introduced the
                                                  settlement scenarios since policy                       notice; instead, an electronic version                following chapters: Chapter 3
                                                  structures vary widely across agencies.                 may be found on FTA’s Web site, at                    (Transportation Facilities); Chapter 6
                                                  In this section or elsewhere in the                     www.fta.dot.gov, and in the docket, at                (Fixed Route Service); Chapter 7
                                                  proposed manual, FTA should address                     www.regulations.gov. Paper copies of                  (Demand Responsive Service); Chapter 9
                                                  the scenario where the cost to repair                   the final Circular may be obtained by                 (ADA Paratransit Eligibility); Chapter 10
                                                  damages exceeds the total of insurance                  contacting FTA’s Administrative                       (Passenger Vessels); Chapter 11 (Other
                                                  proceeds plus FTA ER funding.                           Services Help Desk, at (202) 366–4865.                Modes); and Chapter 12 (Oversight,


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Document Created: 2015-12-15 08:52:29
Document Modified: 2015-12-15 08:52:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of final guidance for FTA's Emergency Relief Program.
ContactFor questions about the ER Program, contact Adam Schildge, Office of Program Management, 1200 New Jersey Ave. SE., Washington, DC 20590, phone: (202) 366-0778, or email, [email protected] For legal questions regarding the final program regulations, contact Bonnie Graves, Office of Chief Counsel, 1200 New Jersey Ave. SE., Washington, DC 20590, phone: (202) 366-0944, or email, [email protected]
FR Citation80 FR 60222 

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