82_FR_6703 82 FR 6691 - Notice of Establishment of Emergency Relief Docket for Calendar Year 2017

82 FR 6691 - Notice of Establishment of Emergency Relief Docket for Calendar Year 2017

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6691-6692
FR Document2017-01172

By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2017 so grantees and subgrantees affected by national or regional emergencies may request temporary relief from FTA administrative and statutory requirements.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017) 
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6691-6692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01172]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2017-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2017

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: By this notice, the Federal Transit Administration (FTA) is 
establishing an Emergency Relief Docket for calendar year 2017 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, Attorney-Advisor, 
Office of Chief Counsel, Federal Transit Administration, 90 Seventh 
Street, Ste. 15-300, San Francisco, CA 94103; phone: (202) 366-0944, 
fax: (415) 734-9489, 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 
2017. Subsequent to an emergency or major disaster, the docket may be 
opened at the request of a grantee or subgrantee, or on the FTA 
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 to www.regulations.gov for posting in 
the docket (FTA-2017-0001). Alternatively, a grantee or subgrantee may 
submit a petition in duplicate to the FTA Administrator, via U.S. mail 
or hand delivery, to: Federal Transit Administration, 1200 New Jersey 
Ave. SE., Washington, DC 20590; via telephone, at: (202) 366-4011; via 
fax, at (202) 366-3472; via email, to [email protected]; or via 
U.S. mail or hand delivery to the DOT Docket Management Facility, 1200 
New Jersey Ave. SE., Room W12-140, Washington, DC 20590, requesting 
opening of the Docket for that emergency and including the information 
set forth below.
    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. 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-
2017-0001. Grantees and subgrantees making submissions to FTA or 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.
    Federal public transportation law at 49 U.S.C. 5324(d) 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.
    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 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 49 CFR 604.2(f) of FTA's Charter Rule, 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,

[[Page 6692]]

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.

Carolyn Flowers,
Acting Administrator.
[FR Doc. 2017-01172 Filed 1-18-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6691 level of safety that is equivalent to, or the request of a grantee or subgrantee, or requirement(s) will limit a grantee’s or greater than, the level of safety achieved on the FTA Administrator’s own subgrantee’s ability to respond to an without the exemption. initiative. emergency. Grantees must follow the In the event a grantee or subgrantee procedures set forth below when Request for Comments believes the Emergency Relief Docket requesting a waiver of statutory or In accordance with 49 U.S.C. 31315 should be opened and it has not been administrative requirements. and 31136(e), FMCSA requests public opened, that grantee or subgrantee may A petition for relief shall: comment from all interested persons on submit a petition to (a) Identify the grantee or subgrantee Hino’s application for an exemption www.regulations.gov for posting in the and its geographic location; from 49 CFR 393.60. All comments docket (FTA–2017–0001). Alternatively, (b) Identify the section of chapter 53 received before the close of business on a grantee or subgrantee may submit a of title 49, U.S.C., or the FTA policy the comment closing date indicated at petition in duplicate to the FTA statement, circular, guidance document the beginning of this notice will be Administrator, via U.S. mail or hand and/or rule from which the grantee or considered and will be available for delivery, to: Federal Transit subgrantee seeks relief; examination in the docket at the Administration, 1200 New Jersey Ave. (c) Specifically address how a location listed under the ADDRESSES SE., Washington, DC 20590; via requirement in chapter 53 of title 49 section of this notice. Comments telephone, at: (202) 366–4011; via fax, at U.S.C., or an FTA requirement in a received after the comment closing date (202) 366–3472; via email, to policy statement, circular, agency will be filed in the public docket and Bonnie.Graves@dot.gov; or via U.S. mail guidance or rule will limit a grantee’s or will be considered to the extent or hand delivery to the DOT Docket subgrantee’s ability to respond to an practicable. In addition to late Management Facility, 1200 New Jersey emergency or disaster; and comments, FMCSA will also continue to Ave. SE., Room W12–140, Washington, (d) Specify if the petition for relief is file, in the public docket, relevant DC 20590, requesting opening of the one-time or ongoing, and if ongoing information that becomes available after Docket for that emergency and identify the time period for which the the comment closing date. Interested including the information set forth relief is requested. The time period may persons should continue to examine the below. not exceed three months; however, public docket for new material. All petitions for relief from a additional time may be requested provision of chapter 53 of title 49, through a second petition for relief. Issued on: January 13, 2017. A petition for relief from U.S.C. or FTA administrative Larry W. Minor, requirements must be posted in the administrative requirements will be Associate Administrator for Policy. docket in order to receive consideration conditionally granted for a period of [FR Doc. 2017–01265 Filed 1–18–17; 8:45 am] by FTA. The docket is publicly available three (3) business days from the date it BILLING CODE 4910–EX–P and can be accessed 24 hours a day, is submitted to the Emergency Relief seven days a week, via the Internet at Docket. FTA will review the petition www.regulations.gov. Any grantee or after the expiration of the three business DEPARTMENT OF TRANSPORTATION subgrantee submitting petitions for days and review any comments relief or comments to the docket must submitted thereto. FTA may contact the Federal Transit Administration include the agency name (Federal grantee or subgrantee that submitted the [Docket FTA–2017–0001] Transit Administration) and docket request for relief, or any party that number FTA–2017–0001. Grantees and submits comments to the docket, to Notice of Establishment of Emergency subgrantees making submissions to FTA obtain more information prior to making Relief Docket for Calendar Year 2017 or to the docket by mail or hand a decision. FTA shall then post a delivery should submit two copies. decision to the Emergency Relief AGENCY: Federal Transit Administration Docket. FTA’s decision will be based on Grantees and subgrantees are strongly (FTA), DOT. whether the petition meets the criteria encouraged to contact their FTA ACTION: Notice. regional office and notify FTA of the for use of these emergency procedures, SUMMARY: By this notice, the Federal intent to submit a petition to the docket. the substance of the request, and the Transit Administration (FTA) is In the event a grantee or subgrantee comments submitted regarding the establishing an Emergency Relief Docket needs to request immediate relief and petition. If FTA does not respond to the for calendar year 2017 so grantees and does not have access to electronic request for relief to the docket within subgrantees affected by national or means to request that relief, the grantee three business days, the grantee or regional emergencies may request or subgrantee may contact any FTA subgrantee may assume its petition is temporary relief from FTA regional office or FTA headquarters and granted for a period not to exceed three administrative and statutory request that FTA staff submit the months until and unless FTA states requirements. petition on its behalf. otherwise. Federal public transportation law at A petition for relief from statutory FOR FURTHER INFORMATION CONTACT: 49 U.S.C. 5324(d) provides that a grant requirements will not be conditionally Bonnie L. Graves, Attorney-Advisor, awarded under Section 5324 or under granted and requires a written decision Office of Chief Counsel, Federal Transit 49 U.S.C. 5307 or 49 U.S.C. 5311 that is from the FTA Administrator. Administration, 90 Seventh Street, Ste. made to address an emergency shall be Pursuant to 49 CFR 604.2(f) of FTA’s 15–300, San Francisco, CA 94103; subject to the terms and conditions the Charter Rule, grantees and subgrantees phone: (202) 366–0944, fax: (415) 734– Secretary determines are necessary. This may assist with evacuations or other mstockstill on DSK3G9T082PROD with NOTICES 9489, or email, Bonnie.Graves@dot.gov. language allows FTA to waive statutory, movement of people that might SUPPLEMENTARY INFORMATION: Pursuant as well as administrative, requirements. otherwise be considered charter to title 49 CFR part 601, subpart D, FTA Therefore, grantees affected by an transportation when that transportation is establishing the Emergency Relief emergency or major disaster may is in response to an emergency declared Docket for calendar year 2017. request waivers of provisions of chapter by the President, governor, or mayor, or Subsequent to an emergency or major 53 of title 49, U.S.C. when a grantee or in an emergency requiring immediate disaster, the docket may be opened at subgrantee demonstrates the action prior to a formal declaration, VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00210 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1

6692 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices even if a formal declaration of an discussion of that program in the text of existing FTA program statutes (49 emergency is not eventually made by this notice. FTA recommends that U.S.C. 5301, et. seq.) and changes the President, governor or mayor. stakeholders subscribe on FTA’s Web resulting from the Fixing America’s Therefore, a request for relief is not site www.transit.dot.gov to receive email Surface Transportation (FAST) Act necessary in order to provide this notifications when new information is (Pub. L. 114–94), signed by President service. However, if the emergency lasts available. Obama on December 4, 2015 and more than 45 calendar days, the grantee SUPPLEMENTARY INFORMATION: effective on October 1, 2015. or subgrantee shall follow the In addition, this document provides procedures set out in this notice. Table of Contents notice of funding availability through FTA reserves the right to reopen any I. Overview April 28, 2017 by the Further docket and reconsider any decision II. FY 2017 Funding for FTA Programs Continuing and Security Assistance made pursuant to these emergency A. Funding Based on the Further Appropriations Act, 2017 (Pub. L. 114– procedures based upon its own Continuing and Security Assistance initiative, based upon information or Appropriations Act, 2017 (Pub. L. 114– 254) contract authority for FTA formula comments received subsequent to the 254) and competitive programs pursuant to three business day comment period, or B. Oversight Takedown the Further Continuing and Security at the request of a grantee or subgrantee C. FY 2017 Formula Apportionments: Data Assistance Appropriations Act, 2017 and Methodology (Pub. L. 114–254) (‘‘Continuing upon denial of a request for relief. FTA III. FY 2017 Program Highlights and Changes shall notify the grantee or subgrantee if Appropriations Act’’). A. Focus Areas it plans to reconsider a decision. FTA IV. FY 2017 Program-Specific Information For each FTA program, FTA has decision letters, either granting or A. Metropolitan Planning Program (49 provided information on the FY 2017 denying a petition, shall be posted in U.S.C. 5303 and 5305(d)) authorized funding levels, the basis for the Emergency Relief Docket and shall B. State Planning and Research Program apportionment or allocation of funds, reference the document number of the (49 U.S.C. 5304 and 5305(e)) requirements specific to the program, C. Urbanized Area Formula Program (49 the period of availability of funds, and petition to which it relates. U.S.C. 5307) D. Fixed Guideway Capital Investment other program information. A separate Carolyn Flowers, Grant Program (49 U.S.C. 5309) section provides information on pre- Acting Administrator. award authority as well as other E. Enhanced Mobility of Seniors and [FR Doc. 2017–01172 Filed 1–18–17; 8:45 am] Individuals With Disabilities Program requirements and guidance applicable BILLING CODE P (49 U.S.C 5310) to FTA programs and grant F. Formula Grants for Rural Areas Program administration. Finally, the notice (49 U.S.C. 5311) includes referred to tables on FTA’s DEPARTMENT OF TRANSPORTATION G. Rural Transportation Assistance Web site that show $5,323,087,320 in Program (49 U.S.C. 5311(b)(3)) Federal Transit Administration H. Appalachian Development Public new contract authority apportioned Transportation Assistance Program (49 through April 28, 2017 and FTA Fiscal Year 2017 Apportionments, U.S.C. 5311(c)(2)) approximately $1.04 billion in Allocations, Program Information and I. Formula Grants for Public Transportation unobligated or carryover contract Interim Guidance on Indian Reservations Program (49 authority that is available in FY 2017 U.S.C. 5311(j)) from prior years. AGENCY: Federal Transit Administration J. Public Transportation Innovation (49 (FTA), DOT. U.S.C. 5312) Information in this document K. Technical Assistance and Workforce includes references to the existing FTA ACTION: Notice. Development (49 U.S.C. 5314) program guidance and circulars. Some SUMMARY: This notice provides interim L. Public Transportation Emergency Relief information may have been superseded guidance for programs in FY 2017, Program (49 U.S.C. 5324) by new provisions in the FAST Act, but announces the apportionments and M. Public Transportation Safety Program these guidance documents and circulars (49 U.S.C. 5329) remain a resource for program allocations for programs authorized and N. State of Good Repair Program (49 U.S.C. funded by the Further Continuing and management in most areas. FTA intends 5337) Security Assistance Appropriations Act, O. Grants for Buses and Bus Facilities to revise the guidance and circulars, as 2017 (Pub. L. 114–254) and provides Program (49 U.S.C. 5339) appropriate, with an opportunity for contract authority, and describes future P. Growing States and High Density States public comment where necessary. plans for several competitive programs. Formula Factors (49 U.S.C. 5340) Q. Washington Metropolitan Area Transit II. FY 2017 Funding for FTA Programs The notice also includes locations of FY 2017 apportionment tables and Authority Grants A. Funding Based on the Further R. Paul S. Sarbanes Transit in Parks unobligated (or carryover) funds Program (49 U.S.C. 5320) Continuing and Security Assistance allocated under the competitive V. FTA Policy and Procedures for FY 2017 Appropriations Act, 2017 programs from prior years. Grants FOR FURTHER INFORMATION CONTACT: For A. Automatic Pre-Award Authority To The Further Continuing and Security general information about this notice Incur Project Costs Assistance Appropriations Act, 2017 contact Kimberly Sledge, Director, B. Letter of No Prejudice (LONP) Policy (Pub. L. 114–254) makes new funding Office of Transit Programs, at (202) 366– C. FY 2017 Annual List of Certifications available for FY 2017 available through 2053. Please contact the appropriate and Assurances April 28, 2017. At approximately seven mstockstill on DSK3G9T082PROD with NOTICES D. Civil Rights Requirements twelfths of the FY 2016 level. FTA Regional Office for any specific E. Consolidated Planning Grants requests for information or technical F. Grant Application Procedures Current funding availability for each assistance. FTA Regional Office contact G. Grant Management program is identified in section IV of information is available on FTA’s Web this notice and in Table 1 located on site: www.transit.dot.gov. I. Overview FTA’s FY 2017 Apportionment Web An FTA headquarters contact for each This document contains important page: www.transit.dot.gov/funding/ major program area is included in the information and interim guidance about apportionments. VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00211 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1


Document Created: 2018-02-01 15:15:47
Document Modified: 2018-02-01 15:15:47
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.
ContactBonnie L. Graves, Attorney-Advisor, Office of Chief Counsel, Federal Transit Administration, 90 Seventh Street, Ste. 15-300, San Francisco, CA 94103; phone: (202) 366-0944, fax: (415) 734-9489, or email, [email protected]
FR Citation82 FR 6691 
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