83_FR_4977 83 FR 4954 - Notice of Establishment of Emergency Relief Docket for Calendar Year 2018

83 FR 4954 - Notice of Establishment of Emergency Relief Docket for Calendar Year 2018

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range4954-4955
FR Document2018-02083

By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2018 so grantees and subgrantees affected by national or regional emergencies may request temporary relief from FTA administrative and statutory requirements.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4954-4955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02083]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2018-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2018

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 2018 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, Bonnie.Graves@dot.gov.

SUPPLEMENTARY INFORMATION: Pursuant to title 49 CFR part 601, subpart 
D, FTA is establishing the Emergency Relief Docket for calendar year 
2018. Subsequent to an emergency or major disaster, when FTA 
requirements impede a grantee or subgrantee's ability to respond to the 
emergency or major disaster, a grantee or subgrantee may submit a 
request for relief from specific FTA requirements.
    A grantee or subgrantee may submit a petition for waiver of FTA 
requirements to www.regulations.gov for posting in the docket (FTA-
2018-0001). 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 Bonnie.Graves@dot.gov; 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, 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-
2018-0001. 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 and subgrantees 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, 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 reconsider any decision made pursuant to 
these emergency procedures based upon its own initiative, based upon 
information or comments received subsequent to the

[[Page 4955]]

three business day comment period, or at the request of a grantee or 
subgrantee upon denial of a request for relief. FTA shall notify the 
grantee or subgrantee if it plans to reconsider a decision. FTA 
decision letters, either granting or denying a petition, shall be 
posted in the Emergency Relief Docket and shall reference the document 
number of the petition to which it relates.

    Issued in Washington, DC.
K. Jane Williams,
Deputy Administrator.
[FR Doc. 2018-02083 Filed 2-1-18; 8:45 am]
 BILLING CODE P



                                                4954                           Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices

                                                of the 2013 settlement agreement to be                  hand delivery, to: Federal Transit                       (c) Specifically address how a
                                                included in the EA. Accordingly, the                    Administration, 1200 New Jersey Ave.                  requirement in chapter 53 of title 49
                                                current EA will no longer consider                      SE, Washington, DC 20590; via                         U.S.C., or an FTA requirement in a
                                                direct impacts of the Wildlife Fence                    telephone, at: (202) 366–4011; via fax, at            policy statement, circular, agency
                                                Project, but will address potential                     (202) 366–3472; via email, to                         guidance or rule will limit a grantee’s or
                                                cumulative impacts associated with the                  Bonnie.Graves@dot.gov; or via U.S. mail               subgrantee’s ability to respond to an
                                                project.                                                or hand delivery to the DOT Docket                    emergency or disaster; and
                                                  To satisfy the requirements of FAA                    Management Facility, 1200 New Jersey                     (d) Specify if the petition for relief is
                                                Order 1050.1F, GDOT has prepared a                      Ave. SE, Room W12–140, Washington,                    one-time or ongoing, and if ongoing
                                                Categorical Exclusion (CATEX) for the                   DC 20590, including the information set               identify the time period for which the
                                                project. The CATEX is available for                     forth below.                                          relief is requested. The time period may
                                                review at PUJ and online at http://                        All petitions for relief from a                    not exceed three months; however,
                                                www.paulding.gov/DocumentCenter.                        provision of chapter 53 of title 49,                  additional time may be requested
                                                                                                        U.S.C. or FTA administrative                          through a second petition for relief.
                                                  Issued in Atlanta, Georgia, on January 29,
                                                2018.                                                   requirements must be posted in the                       A petition for relief from
                                                                                                        docket in order to receive consideration              administrative requirements will be
                                                Parks Preston,
                                                                                                        by FTA. The docket is publicly available              conditionally granted for a period of
                                                Assistant Manager, Atlanta Airports District                                                                  three (3) business days from the date it
                                                                                                        and can be accessed 24 hours a day,
                                                Office, Southern Region.
                                                                                                        seven days a week, via the internet at                is submitted to the Emergency Relief
                                                [FR Doc. 2018–02132 Filed 2–1–18; 8:45 am]                                                                    Docket. FTA will review the petition
                                                                                                        www.regulations.gov. Any grantee or
                                                BILLING CODE 4910–13–P                                  subgrantee submitting petitions for                   after the expiration of the three business
                                                                                                        relief or comments to the docket must                 days and review any comments
                                                                                                        include the agency name (Federal                      submitted thereto. FTA may contact the
                                                DEPARTMENT OF TRANSPORTATION                            Transit Administration) and docket                    grantee or subgrantee that submitted the
                                                                                                        number FTA–2018–0001. Grantees and                    request for relief, or any party that
                                                Federal Transit Administration
                                                                                                        subgrantees making submissions to FTA                 submits comments to the docket, to
                                                [Docket FTA–2018–0001]                                  or to the docket by mail or hand                      obtain more information prior to making
                                                                                                        delivery should submit two copies.                    a decision. FTA shall then post a
                                                Notice of Establishment of Emergency                    Grantees and subgrantees are strongly                 decision to the Emergency Relief
                                                Relief Docket for Calendar Year 2018                    encouraged to contact their FTA                       Docket. FTA’s decision will be based on
                                                AGENCY: Federal Transit Administration                  regional office and notify FTA of the                 whether the petition meets the criteria
                                                (FTA), DOT.                                             intent to submit a petition to the docket.            for use of these emergency procedures,
                                                                                                           In the event a grantee or subgrantee               the substance of the request, and the
                                                ACTION: Notice.
                                                                                                        needs to request immediate relief and                 comments submitted regarding the
                                                SUMMARY:   By this notice, the Federal                  does not have access to electronic                    petition. If FTA does not respond to the
                                                Transit Administration (FTA) is                         means to request that relief, the grantee             request for relief to the docket within
                                                establishing an Emergency Relief Docket                 or subgrantee may contact any FTA                     three business days, the grantee or
                                                for calendar year 2018 so grantees and                  regional office or FTA headquarters and               subgrantee may assume its petition is
                                                subgrantees affected by national or                     request that FTA staff submit the                     granted for a period not to exceed three
                                                regional emergencies may request                        petition on its behalf.                               months until and unless FTA states
                                                temporary relief from FTA                                  Federal public transportation law at               otherwise.
                                                administrative and statutory                            49 U.S.C. 5324(d) provides that a grant                  A petition for relief from statutory
                                                requirements.                                           awarded under Section 5324 or under                   requirements will not be conditionally
                                                                                                        49 U.S.C. 5307 or 49 U.S.C. 5311 that is              granted and requires a written decision
                                                FOR FURTHER INFORMATION CONTACT:                        made to address an emergency shall be                 from the FTA Administrator.
                                                Bonnie L. Graves, Attorney-Advisor,                     subject to the terms and conditions the                  Pursuant to 49 CFR 604.2(f) of FTA’s
                                                Office of Chief Counsel, Federal Transit                Secretary determines are necessary. This              Charter Rule, grantees and subgrantees
                                                Administration, 90 Seventh Street, Ste.                 language allows FTA to waive statutory,               may assist with evacuations or other
                                                15–300, San Francisco, CA 94103;                        as well as administrative, requirements.              movement of people that might
                                                phone: (202) 366–0944, fax: (415) 734–                  Therefore, grantees and subgrantees                   otherwise be considered charter
                                                9489, or email, Bonnie.Graves@dot.gov.                  affected by an emergency or major                     transportation when that transportation
                                                SUPPLEMENTARY INFORMATION: Pursuant                     disaster may request waivers of                       is in response to an emergency declared
                                                to title 49 CFR part 601, subpart D, FTA                provisions of chapter 53 of title 49,                 by the President, governor, or mayor, or
                                                is establishing the Emergency Relief                    U.S.C. when a grantee or subgrantee                   in an emergency requiring immediate
                                                Docket for calendar year 2018.                          demonstrates the requirement(s) will                  action prior to a formal declaration,
                                                Subsequent to an emergency or major                     limit a grantee’s or subgrantee’s ability             even if a formal declaration of an
                                                disaster, when FTA requirements                         to respond to an emergency. Grantees                  emergency is not eventually made by
                                                impede a grantee or subgrantee’s ability                must follow the procedures set forth                  the President, governor or mayor.
                                                to respond to the emergency or major                    below when requesting a waiver of                     Therefore, a request for relief is not
                                                disaster, a grantee or subgrantee may                   statutory or administrative                           necessary in order to provide this
                                                submit a request for relief from specific               requirements.                                         service. However, if the emergency lasts
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                                                FTA requirements.                                          A petition for relief shall:                       more than 45 calendar days, the grantee
                                                   A grantee or subgrantee may submit a                    (a) Identify the grantee or subgrantee             or subgrantee shall follow the
                                                petition for waiver of FTA requirements                 and its geographic location;                          procedures set out in this notice.
                                                to www.regulations.gov for posting in                      (b) Identify the section of chapter 53                FTA reserves the right to reconsider
                                                the docket (FTA–2018–0001).                             of title 49, U.S.C., or the FTA policy                any decision made pursuant to these
                                                Alternatively, a grantee or subgrantee                  statement, circular, guidance document                emergency procedures based upon its
                                                may submit a petition in duplicate to                   and/or rule from which the grantee or                 own initiative, based upon information
                                                the FTA Administrator, via U.S. mail or                 subgrantee seeks relief;                              or comments received subsequent to the


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                                                                               Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices                                           4955

                                                three business day comment period, or                   465–4326 or by email to prainfo@                      savings association may invest in
                                                at the request of a grantee or subgrantee               occ.treas.gov. You may personally                     banking premises and other premises-
                                                upon denial of a request for relief. FTA                inspect and photocopy comments at the                 related investments, loans, or
                                                shall notify the grantee or subgrantee if               OCC, 400 7th Street SW, Washington,                   indebtedness by filing an application for
                                                it plans to reconsider a decision. FTA                  DC 20219. For security reasons, the OCC               prior approval whenever its investment
                                                decision letters, either granting or                    requires that visitors make an                        in bank premises will cause it to exceed
                                                denying a petition, shall be posted in                  appointment to inspect comments. You                  its capital stock. The application must
                                                the Emergency Relief Docket and shall                   may do so by calling (202) 649–6700 or,               describe the present and proposed
                                                reference the document number of the                    for persons who are deaf or hearing                   investment and the business reason for
                                                petition to which it relates.                           impaired, TTY, (202) 649–5597. Upon                   exceeding the limit. A bank with a
                                                  Issued in Washington, DC.                             arrival, visitors will be required to                 composite 1 or 2 CAMELS rating
                                                K. Jane Williams,
                                                                                                        present valid government-issued photo                 entering a transaction that increases its
                                                                                                        identification and submit to security                 aggregate bank premises investment to
                                                Deputy Administrator.
                                                                                                        screening in order to inspect and                     not more than 150 percent of its capital
                                                [FR Doc. 2018–02083 Filed 2–1–18; 8:45 am]
                                                                                                        photocopy comments.                                   and surplus may proceed without prior
                                                BILLING CODE P                                             All comments received, including                   OCC approval, but must provide an
                                                                                                        attachments and other supporting                      after-the-fact notice.
                                                                                                        materials, are part of the public record                 • 12 CFR 7.1014 (Sale of money
                                                DEPARTMENT OF THE TREASURY                              and subject to public disclosure. Do not              orders at nonbanking outlets). A
                                                                                                        include any information in your                       national bank may designate bonded
                                                Office of the Comptroller of the                        comment or supporting materials that                  agents to sell the bank’s money orders
                                                Currency                                                you consider confidential or                          at nonbanking outlets. The
                                                                                                        inappropriate for public disclosure.                  responsibility of both the bank and its
                                                Agency Information Collection
                                                                                                           Additionally, please send a copy of                agent should be defined in a written
                                                Activities: Information Collection
                                                                                                        your comments by mail to: OCC Desk                    agreement setting forth the duties of
                                                Renewal; Submission for OMB Review;
                                                                                                        Officer, 1557–0204, U.S. Office of                    both parties and providing for
                                                Bank Activities and Operations;
                                                                                                        Management and Budget, 725 17th                       remuneration of the agent.
                                                Investment in Bank Premises                                                                                      • 12 CFR 7.2000(b) (Corporate
                                                                                                        Street NW, #10235, Washington, DC
                                                AGENCY: Office of the Comptroller of the                20503 or by email to oirasubmission@                  governance procedures—Other sources
                                                Currency (OCC), Treasury.                               omb.eop.gov.                                          of guidance). A national bank shall
                                                ACTION: Notice and request for                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              designate in its bylaws the body of law
                                                comment.                                                Shaquita Merritt, OCC Clearance                       selected for its corporate governance
                                                                                                        Officer, (202) 649–5490, for persons                  procedures.
                                                SUMMARY:   The OCC, as part of its                                                                               • 12 CFR 7.2004 (Honorary directors
                                                                                                        who are deaf or hearing impaired, TTY,
                                                continuing effort to reduce paperwork                                                                         or advisory boards). Any listing of a
                                                                                                        (202) 649–5597, Legislative and
                                                and respondent burden, invites the                                                                            national bank’s honorary or advisory
                                                                                                        Regulatory Activities Division, Office of
                                                general public and other federal                                                                              directors must distinguish between
                                                                                                        the Comptroller of the Currency, 400 7th
                                                agencies to take this opportunity to                                                                          those directors and the bank’s board of
                                                                                                        Street SW, suite 3E–218, Washington,
                                                comment on a continuing information                                                                           directors or indicate their advisory
                                                                                                        DC 20219.
                                                collection as required by the Paperwork                                                                       status.
                                                                                                        SUPPLEMENTARY INFORMATION: Under the                     • 12 CFR 7.2014(b) (Indemnification
                                                Reduction Act of 1995 (PRA).
                                                  In accordance with the requirements                   PRA (44 U.S.C. 3501–3520), federal                    of institution-affiliated parties—
                                                of the PRA, the OCC may not conduct                     agencies must obtain approval from the                Administrative proceeding or civil
                                                or sponsor, and the respondent is not                   OMB for each collection of information                actions not initiated by a federal
                                                required to respond to, an information                  that they conduct or sponsor.                         agency). A national bank shall designate
                                                collection unless it displays a currently               ‘‘Collection of information’’ is defined              in its bylaws the body of law selected
                                                valid Office of Management and Budget                   in 44 U.S.C. 3502(3) and 5 CFR                        for making indemnification payments.
                                                (OMB) control number.                                   1320.3(c) to include agency requests or                  • 12 CFR 7.2024(a) (Staggered terms
                                                  The OCC is soliciting comment                         requirements that members of the public               for national bank directors). Any
                                                concerning the renewal of its                           submit reports, keep records, or provide              national bank may adopt bylaws that
                                                information collection titled, ‘‘Bank                   information to a third party. The OCC                 provide for staggering the terms of its
                                                Activities and Operations; Investment in                requests that OMB extend its approval                 directors. National banks shall provide
                                                Bank Premises.’’ The OCC also is giving                 of this collection.                                   the OCC with copies of any bylaws so
                                                                                                           Title: Bank Activities and Operations;             amended.
                                                notice that it has sent the collection to
                                                OMB review.
                                                                                                        Investment in Bank Premises.                             • 12 CFR 7.2024(c) (Size of bank
                                                                                                           OMB Control No.: 1557–0204.                        board). A national bank seeking to
                                                DATES: You should submit written                           Description: The information                       increase the number of its directors
                                                comments by March 5, 2018.                              collection requirements ensure that                   must notify the OCC any time the
                                                ADDRESSES: Because paper mail in the                    institutions conduct their operations in              proposed size would exceed 25
                                                Washington, DC area and at the OCC is                   a safe and sound manner and in                        directors.
                                                subject to delay, commenters are                        accordance with applicable federal                       Type of Review: Extension of a
                                                encouraged to submit comments by
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                                                                                                        banking statutes and regulations. The                 currently approved collection.
                                                email, if possible. Comments may be                     information is necessary for regulatory                  Affected Public: Businesses or other
                                                sent to: Legislative and Regulatory                     and examination purposes.                             for-profit.
                                                Activities Division, Office of the                         The information collection                            Estimated Number of Respondents:
                                                Comptroller of the Currency, Attention:                 requirements are as follows:                          1,294.
                                                1557–0204, 400 7th Street SW, suite 3E–                    • 12 CFR 5.37 (Investment in national                 Estimated Total Annual Burden: 561
                                                218, Washington, DC 20219. In addition,                 bank or federal savings association                   hours.
                                                comments may be sent by fax to (571)                    premises). A national bank or federal                    Frequency of Response: On occasion.


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Document Created: 2018-02-03 14:27:33
Document Modified: 2018-02-03 14:27:33
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 Citation83 FR 4954 

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