81 FR 1478 - Notice of Establishment of Emergency Relief Docket for Calendar Year 2016
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 7 (January 12, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 7 (January 12, 2016)
| Page Range | 1478-1479 | |
| FR Document | 2016-00422 |
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)] [Notices] [Pages 1478-1479] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00422] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket FTA-2016-0001] Notice of Establishment of Emergency Relief Docket for Calendar Year 2016 AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2016 so grantees and subgrantees affected by national or regional emergencies may request temporary relief from FTA administrative and statutory requirements. FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Assistant Chief Counsel for Legislation and Regulations, Office of Chief Counsel, Federal Transit Administration, 1200 New Jersey Ave. SE., Room E56-306, Washington, DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or email, [email protected]. SUPPLEMENTARY INFORMATION: Pursuant to title 49 CFR part 601, subpart D, FTA is establishing the Emergency Relief Docket for calendar year 2016. Subsequent to an emergency or major disaster, the docket may be opened at the request of a grantee or subgrantee, or on the Administrator's own initiative. 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) 366-4011; via fax, at (202) 366-3472, or via email, to [email protected], requesting opening of the Docket for that emergency and including the information set forth below. Section 5324(d) of title 49, U.S.C. provides that a grant awarded under section 5324 or under 49 U.S.C. 5307 or 49 U.S.C. 5311 that is made to address an emergency shall be subject to the terms and conditions the Secretary determines are necessary. This language allows FTA to waive statutory, as well as administrative, requirements. Therefore, grantees affected by an emergency or major disaster may request waivers of provisions of chapter 53 of title 49, U.S.C. when a grantee or subgrantee demonstrates the requirement(s) will limit a grantee's or subgrantee's ability to respond to an emergency. Grantees must follow the procedures set forth below when requesting a waiver of statutory or administrative requirements. All petitions for relief from a provision of chapter 53 of title 49, U.S.C. or FTA administrative requirements must be posted in the docket in order to receive consideration by FTA. The docket is publicly available and can be accessed 24 hours a day, seven days a week, via the Internet at 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-2016-0001. Grantees and subgrantees making submissions to the docket by mail or hand delivery should submit two copies. Grantees and subgrantees are strongly encouraged to contact their FTA regional office and notify FTA of the intent to submit a petition to the docket. 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) Identify the section of chapter 53 of title 49, U.S.C., or the FTA policy statement, circular, guidance document and/or rule from which the grantee or subgrantee seeks relief; (c) Specifically address how a requirement in chapter 53 of title 49 U.S.C., or an FTA requirement in a policy statement, circular, agency guidance or rule will limit a grantee's or subgrantee's ability to respond to an emergency or disaster; and (d) Specify if the petition for relief is one-time or ongoing, and if ongoing identify the time period for which the [[Page 1479]] relief is requested. The time period may 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. A petition for relief from statutory requirements will not be conditionally granted and requires a written decision from the FTA Administrator. 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. Therese McMillan, Acting Administrator. [FR Doc. 2016-00422 Filed 1-11-16; 8:45 am] BILLING CODE 4910-57-P
![1478 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices
Rodney has more than sufficient vision Docket Management Facility in Room 49 U.S.C. 5311 that is made to address
to perform all the tasks necessary for W12–140 on the ground floor of the an emergency shall be subject to the
operating a commercial vehicle.’’ Mr. DOT West Building, 1200 New Jersey terms and conditions the Secretary
Wright reported that he has driven Avenue SE., Washington, DC 20590, determines are necessary. This language
straight trucks for 20 years, between 9 a.m. and 5 p.m., e.t., Monday allows FTA to waive statutory, as well
accumulating 520,000 miles. He holds a through Friday, except Federal holidays. as administrative, requirements.
Class B CDL from Pennsylvania. His Dated: December 31, 2015. Therefore, grantees affected by an
driving record for the last 3 years shows Larry W. Minor,
emergency or major disaster may
no crashes and no convictions for request waivers of provisions of chapter
Associate Administrator for Policy.
moving violations in a CMV. 53 of title 49, U.S.C. when a grantee or
[FR Doc. 2016–00472 Filed 1–11–16; 8:45 am]
subgrantee demonstrates the
III. Public Participation and Request for BILLING CODE 4910–EX–P requirement(s) will limit a grantee’s or
Comments subgrantee’s ability to respond to an
FMCSA encourages you to participate emergency. Grantees must follow the
by submitting comments and related DEPARTMENT OF TRANSPORTATION procedures set forth below when
materials. requesting a waiver of statutory or
Federal Transit Administration
Submitting Comments administrative requirements.
[Docket FTA–2016–0001] All petitions for relief from a
If you submit a comment, please provision of chapter 53 of title 49,
include the docket number for this Notice of Establishment of Emergency U.S.C. or FTA administrative
notice, indicate the specific section of Relief Docket for Calendar Year 2016 requirements must be posted in the
this document to which each comment AGENCY: Federal Transit Administration docket in order to receive consideration
applies, and provide a reason for each (FTA), DOT. by FTA. The docket is publicly available
suggestion or recommendation. You and can be accessed 24 hours a day,
ACTION: Notice.
may submit your comments and seven days a week, via the Internet at
material online or by fax, mail, or hand SUMMARY: By this notice, the Federal www.regulations.gov. Petitions may also
delivery, but please use only one of Transit Administration (FTA) is be submitted by U.S. mail or by hand
these means. FMCSA recommends that establishing an Emergency Relief Docket delivery to the DOT Docket
you include your name and a mailing for calendar year 2016 so grantees and Management Facility, 1200 New Jersey
address, an email address, or a phone subgrantees affected by national or Ave. SE., Room W12–140, Washington,
number in the body of your document regional emergencies may request DC 20590. Any grantee or subgrantee
so the Agency can contact you if it has temporary relief from FTA submitting petitions for relief or
questions regarding your submission. administrative and statutory comments to the docket must include
To submit your comment online, go to requirements. the agency name (Federal Transit
http://www.regulations.gov and put the Administration) and docket number
FOR FURTHER INFORMATION CONTACT:
docket number FMCSA–2015–0347 in FTA–2016–0001. Grantees and
the ‘‘Keyword’’ box, and click ‘‘Search.’’ Bonnie L. Graves, Assistant Chief
Counsel for Legislation and Regulations, subgrantees making submissions to the
When the new screen appears, click on docket by mail or hand delivery should
‘‘Comment Now!’’ button and type your Office of Chief Counsel, Federal Transit
Administration, 1200 New Jersey Ave. submit two copies. Grantees and
comment into the text box in the subgrantees are strongly encouraged to
following screen. Choose whether you SE., Room E56–306, Washington, DC
20590, phone: (202) 366–4011, fax: (202) contact their FTA regional office and
are submitting your comment as an notify FTA of the intent to submit a
individual or on behalf of a third party 366–3809, or email, Bonnie.Graves@
dot.gov. petition to the docket.
and then submit. If you submit your In the event a grantee or subgrantee
comments by mail or hand delivery, SUPPLEMENTARY INFORMATION: Pursuant needs to request immediate relief and
submit them in an unbound format, no to title 49 CFR part 601, subpart D, FTA does not have access to electronic
larger than 81⁄2 by 11 inches, suitable for is establishing the Emergency Relief means to request that relief, the grantee
copying and electronic filing. If you Docket for calendar year 2016. or subgrantee may contact any FTA
submit comments by mail and would Subsequent to an emergency or major regional office or FTA headquarters and
like to know that they reached the disaster, the docket may be opened at request that FTA staff submit the
facility, please enclose a stamped, self- the request of a grantee or subgrantee, or petition on its behalf.
addressed postcard or envelope. on the Administrator’s own initiative. A petition for relief shall:
FMCSA will consider all comments In the event a grantee or subgrantee (a) Identify the grantee or subgrantee
and material received during the believes the Emergency Relief Docket and its geographic location;
comment period and may change this should be opened and it has not been (b) Identify the section of chapter 53
notice based on your comments. opened, that grantee or subgrantee may of title 49, U.S.C., or the FTA policy
submit a petition in duplicate to the statement, circular, guidance document
Viewing Comments and Documents Administrator, via U.S. mail, to: Federal and/or rule from which the grantee or
To view comments, as well as Transit Administration, 1200 New subgrantee seeks relief;
documents mentioned in this preamble Jersey Ave. SE., Washington, DC 20590; (c) Specifically address how a
as being available in the docket, go to via telephone, at: (202) 366–4011; via requirement in chapter 53 of title 49
http://www.regulations.gov and insert fax, at (202) 366–3472, or via email, to U.S.C., or an FTA requirement in a
tkelley on DSK3SPTVN1PROD with NOTICES
the docket number FMCSA–2015–0347 Bonnie.Graves@dot.gov, requesting policy statement, circular, agency
in the ‘‘Keyword’’ box and click opening of the Docket for that guidance or rule will limit a grantee’s or
‘‘Search.’’ Next, click ‘‘Open Docket emergency and including the subgrantee’s ability to respond to an
Folder’’ button and choose the information set forth below. emergency or disaster; and
document listed to review. If you do not Section 5324(d) of title 49, U.S.C. (d) Specify if the petition for relief is
have access to the Internet, you may provides that a grant awarded under one-time or ongoing, and if ongoing
view the docket online by visiting the section 5324 or under 49 U.S.C. 5307 or identify the time period for which the
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![Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices 1479
relief is requested. The time period may reference the document number of the Economic and Security Review
not exceed three months; however, petition to which it relates. Commission.
additional time may be requested Name: Dennis Shea, Chairman of the
Therese McMillan,
through a second petition for relief. U.S.-China Economic and Security
A petition for relief from Acting Administrator.
Review Commission. The Commission
administrative requirements will be [FR Doc. 2016–00422 Filed 1–11–16; 8:45 am]
is mandated by Congress to investigate,
conditionally granted for a period of BILLING CODE 4910–57–P assess, and report to Congress annually
three (3) business days from the date it on ‘‘the national security implications of
is submitted to the Emergency Relief the economic relationship between the
Docket. FTA will review the petition DEPARTMENT OF TRANSPORTATION United States and the People’s Republic
after the expiration of the three business of China.’’ Pursuant to this mandate, the
days and review any comments Saint Lawrence Seaway Development
Corporation Commission will hold a public hearing
submitted thereto. FTA may contact the in Washington, DC on Thursday,
grantee or subgrantee that submitted the Advisory Board; Notice of Meeting January 21, 2016, on ‘‘Developments in
request for relief, or any party that China’s Military Force Projection and
submits comments to the docket, to Pursuant to Section 10(a)(2) of the Expeditionary Capabilities.’’
obtain more information prior to making Federal Advisory Committee Act (Pub. Background: This is the first public
a decision. FTA shall then post a L. 92–463; 5 U.S.C. App. I), notice is hearing the Commission will hold
decision to the Emergency Relief hereby given of a meeting of the during its 2016 report cycle to collect
Docket. FTA’s decision will be based on Advisory Board of the Saint Lawrence input from academic and industry
whether the petition meets the criteria Seaway Development Corporation experts concerning the national security
for use of these emergency procedures, (SLSDC), to be held from 10:30 a.m. to implications of China’s military
the substance of the request, and the 12:30 p.m. (EDT) on Tuesday, February modernization efforts for the United
comments submitted regarding the 9, 2016, at the Marriott Downtown at States. The hearing will focus on key
petition. If FTA does not respond to the Key Center, 127 Public Square, developments in the security sphere
request for relief to the docket within Cleveland, Ohio 44114. concerning China’s interest in its
three business days, the grantee or The agenda for this meeting will be as military pursuing joint expeditionary
subgrantee may assume its petition is follows: Opening Remarks; and force projection capabilities. It will
granted for a period not to exceed three Consideration of Minutes of Past seek to understand the implications of
months until and unless FTA states Meeting; Quarterly Report; Old and New China’s interest in developing
otherwise. Business; Closing Discussion;
A petition for relief from statutory expeditionary and force projection
Adjournment. capabilities for United States, U.S.
requirements will not be conditionally Attendance at the meeting is open to
granted and requires a written decision allies, and partners in the Asia Pacific.
the interested public but limited to the The hearing will be co-chaired by
from the FTA Administrator. space available. With the approval of
Pursuant to section 604.2(f) of FTA’s Commissioners Jeffrey L. Fiedler and
the Administrator, members of the Larry M. Wortzel. Any interested party
Charter Rule (73 FR 2325, Jan. 14, 2008), public may present oral statements at
grantees and subgrantees may assist may file a written statement by January
the meeting. Persons wishing further 21, 2016, by mailing to the contact
with evacuations or other movement of information should contact, not later
people that might otherwise be below. A portion of each panel will
than Thursday, February 4, 2016, include a question and answer period
considered charter transportation when Charles Wipperfurth, Deputy Chief of
that transportation is in response to an between the Commissioners and the
Staff, Saint Lawrence Seaway witnesses.
emergency declared by the President,
Development Corporation, 1200 New Location, Date and Time: Room: SD–
governor, or mayor, or in an emergency
Jersey Avenue SE., Washington, DC 106, Dirksen Senate Office Building.
requiring immediate action prior to a
20590; 202–366–0091. Thursday, January 21, 2016, start time is
formal declaration, even if a formal
Any member of the public may 9:00 am. A detailed agenda for the
declaration of an emergency is not
present a written statement to the hearing will be posted to the
eventually made by the President,
Advisory Board at any time. Commission’s Web site at
governor or mayor. Therefore, a request
for relief is not necessary in order to Issued at Washington, DC, on January 7, www.uscc.gov. Also, please check our
provide this service. However, if the 2016. Web site for possible changes to the
emergency lasts more than 45 calendar Carrie Lavigne, hearing schedule. Reservations are not
days, the grantee or subgrantee shall Chief Counsel. required to attend the hearing.
follow the procedures set out in this [FR Doc. 2016–00395 Filed 1–11–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Any
notice. BILLING CODE 4910–61–P member of the public seeking further
FTA reserves the right to reopen any information concerning the hearing
docket and reconsider any decision should contact Anthony DeMarino, 444
made pursuant to these emergency North Capitol Street NW., Suite 602,
procedures based upon its own U.S.-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION Washington, DC 20001; phone: 202–
initiative, based upon information or 624–1496, or via email at ademarino@
comments received subsequent to the uscc.gov. Reservations are not required
Notice of Open Public Hearing
three business day comment period, or to attend the hearing.
tkelley on DSK3SPTVN1PROD with NOTICES
at the request of a grantee or subgrantee AGENCY: U.S.-China Economic and
upon denial of a request for relief. FTA Authority: Congress created the U.S.-
Security Review Commission. China Economic and Security Review
shall notify the grantee or subgrantee if ACTION: Notice of open public hearing— Commission in 2000 in the National Defense
it plans to reconsider a decision. FTA January 21, 2016, Washington, DC. Authorization Act (Pub. L. 106–398), as
decision letters, either granting or amended by Division P of the Consolidated
denying a petition, shall be posted in SUMMARY: Notice is hereby given of the Appropriations Resolution, 2003 (Pub. L.
the Emergency Relief Docket and shall following hearing of the U.S.-China 108–7), as amended by Public Law 109–108
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Document Created: 2016-01-12 01:22:43
Document Modified: 2016-01-12 01:22:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Bonnie L. Graves, Assistant Chief Counsel for Legislation and Regulations, Office of Chief Counsel, Federal Transit Administration, 1200 New Jersey Ave. SE., Room E56-306, Washington, DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or email, [email protected] | |
| FR Citation | 81 FR 1478 |
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