49 CFR Part 601 — Organization, Functions, and Procedures

PART 601—ORGANIZATION, FUNCTIONS, AND PROCEDURES Authority: 5 U.S.C. 552; 49 U.S.C. 5334; 49 CFR 1.91. Subpart D also issued under 42 U.S.C. 5141. Source: 70 FR 67318, Nov. 4, 2005, as amended at 90 FR 28226, July 1, 2025, unless otherwise noted. Subpart A—General Provisions § 601.1 Purpose. This part describes the organization of the Federal Transit Administration (“FTA”), an operating administration within the U.S. Department of Transportation. This part also describes general responsibilities of the various offices of which FTA is comprised. In addition, this part describes the sources and locations of available FTA program information and provides information regarding FTA's rulemaking procedures. § 601.2 Organization of FTA. (a) The headquarters organization of FTA is comprised of ten principal offices which function under the overall direction of the Federal Transit Administrator (Administrator) and Deputy Administrator. These offices are: (1) Office of Administration. (2) Office of Budget and Policy. (3) Office of Chief Counsel. (4) Office of Civil Rights. (5) Office of Communications and Congressional Affairs. (6) Office of Planning and Environment. (7) Office of Program Management. (8) Office of Research, Demonstration and Innovation. (9) Office of Transit Safety and Oversight (10) Office of Regional Services (b) FTA has ten regional offices, each of which function under the overall direction of the Administrator and Deputy Administrator, and under the general direction of a Regional Administrator. Region/States I. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont II. New York, New Jersey III. Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia IV. Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, and U.S. Virgin Islands V. Illinois, Indiana, Minnesota, Michigan, Ohio, and Wisconsin VI. Arkansas, Louisiana, New Mexico, Oklahoma, and Texas VII. Iowa, Kansas, Missouri, and Nebraska VIII. Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming IX. Arizona, California, Hawaii, Nevada, Guam, American Samoa, and Northern Mariana Islands X. Alaska, Idaho, Oregon, and Washington § 601.3 General responsibilities. The general responsibilities of each of the offices which comprise the headquarters organization of FTA are: (a) Office of Administration. (b) Office of Budget and Policy. (c) Office of Chief Counsel. (d) Office of Civil Rights. (e) Office of Communications and Congressional Affairs. (f) Office of Planning and Environment. (g) Office of Program Management. (h) Office of Research, Demonstration, and Innovation. (i) Office of Transit Safety and Oversight. (j) Office of Regional Services. § 601.4 Responsibilities of the Administrator. The Administrator is responsible for the planning, direction and control of the activities of FTA and has authority to approve Federal transit grants, loans, and contracts. The Deputy Administrator is the “first assistant” for purposes of the Federal Vacancies Reform Act of 1998 (Pub. L. 105-277) and shall, in the event of the absence or disability of the Administrator, serve as the Acting Administrator, subject to the limitations in that Act. In the event of the absence or disability of both the Administrator and the Deputy Administrator, officials designated by the agency's internal order on succession shall serve as Acting Deputy Administrator and shall perform the duties of the Administrator, except for any non-delegable statutory or regulatory duties. Subpart B—Public Availability of Information § 601.10 Sources of information. (a) FTA guidance documents. (2) Single copies of any guidance document may be obtained without charge by calling FTA's Administrative Services Help Desk, at (202) 366-4865. (3) Single copies of any guidance document may also be obtained without charge upon written request to the Associate Administrator for Administration, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC, 20590. (b) DOT Docket Management System. https://www.regulations.gov: (1) Advance notices of proposed rulemaking; (2) Notices of proposed rulemaking; (3) Comments received in response to notices; (4) Petitions for rulemaking and reconsideration; (5) Denials of petitions for rulemaking and reconsideration; and (6) Final rules. (c) Any person may examine docketed material, at any time during regular business hours after the docket is established, and may obtain a copy of such material upon payment of a fee, except material ordered withheld from the public under 5 U.S.C. 552(b). (d) Any person seeking documents not described above may submit a request under the Freedom of Information Act (FOIA) by following the procedures in part 7 of this title. Subpart C—Rulemaking Procedures § 601.20 Applicability. This part prescribes rulemaking procedures that apply to the issuance, amendment, and revocation of rules by FTA. § 601.21 [Reserved] § 601.22 General. (a) Unless the Administrator, for good cause, finds a notice is impractical, unnecessary, or contrary to the public interest, and incorporates such a finding and a brief statement of the reasons for it in the rule, a notice of proposed rulemaking must be issued, and interested persons are invited to participate in the rulemaking proceedings involving rules under an Act. (b) For rules for which the Administrator determines that notice is unnecessary because no adverse public comment is anticipated, the direct final rulemaking procedure described in § 601.36 may be followed. § 601.23 Initiation of rulemaking. The Administrator initiates rulemaking on his/her own motion. However, in so doing, he/she may, in his/her discretion, consider the recommendations of his/her staff or other agencies of the United States or of other interested persons. § 601.24 Contents of notices of proposed rulemaking. (a) Each notice of proposed rulemaking is published in the Federal Register, (b) Each notice, whether published in the Federal Register (1) A statement of the time, place, and nature of the proposed rulemaking proceeding; (2) A reference to the authority under which it is issued; (3) A description of the subjects and issues involved or the substance and terms of the proposed rule; (4) A statement of the time within which written comments must be submitted; and (5) A statement of how and to what extent interested persons may participate in the proceeding. § 601.25 Participation by interested persons. (a) Any interested person may participate in rulemaking proceedings by submitting comments in writing containing information, views, or arguments. (b) In his/her discretion, the Administrator may invite any interested person to participate in the rulemaking procedures described in § 601.29. § 601.26 Petitions for extension of time to comment. A petition for extension of the time to submit comments must be received not later than three (3) days before expiration of the time stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments. Such a petition is granted only if the petitioner shows good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted, it is granted to all persons, and it is published in the Federal Register § 601.27 Contents of written comments. All written comments must be in English. Any interested person must submit as part of his/her written comments all material that he/she considers relevant to any statement of fact made by him/her. Incorporation of material by reference is to be avoided. However, if such incorporation is necessary, the incorporated material shall be identified with respect to document and page. § 601.28 [Reserved] § 601.29 Additional rulemaking proceedings. The Administrator may initiate further rulemaking proceedings. For example, interested persons may be invited to make oral arguments, to participate in conferences between the Administrator or his/her representative at which minutes of the conference are kept, to appear at informal hearings presided over by officials designated by the Administrator at which a transcript or minutes are kept, or participate in any other proceeding to assure informed administrative action and to protect the public interest. § 601.30 Hearings. (a) Sections 556 and 557 of title 5, United States Code, do not apply to hearings held under this part. Unless otherwise specified, hearings held under this part are informal, non-adversary, fact-finding procedures at which there are no formal pleadings or adverse parties. Any rule issued in a case in which an informal hearing is held is not necessarily based exclusively on the record of the hearing. (b) The Administrator may designate a representative to conduct any hearing held under this part, and the Chief Counsel may designate a member of his/her staff to serve as legal officer at the hearing. § 601.31 [Reserved] § 601.32 Petitions for rulemaking or exemptions. (a) Any interested person may petition the Administrator to establish, amend, or repeal a rule, or for a permanent or temporary exemption from FTA rules as allowed by law. (b) Each petition filed under this section must: (1) Be submitted to the Administrator, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; (2) State the name, street and mailing addresses, and telephone number of the petitioner; if the petitioner is not an individual, state the name, street and mailing addresses and telephone number of an individual designated as an agent of the petitioner for all purposes related to the petition; (3) Set forth the text or substance of the rule or amendment proposed, or of the rule from which the exemption is sought, or specify the rule that the petitioner seeks to have repealed, as the case may be; (4) Explain the interest of the petitioner in the action requested, including, in the case of a petition for an exemption, the nature and extent of the relief sought and a description of the persons to be covered by the exemption; (5) Contain any information and arguments available to the petitioner to support the action sought; and (6) In the case of a petition for exemption, except in cases in which good cause is shown, the petition must be submitted at least 60 days before the requested effective date of the exemption. [70 FR 67318, Nov. 4, 2005, as amended at 91 FR 22454, Apr. 27, 2026] § 601.33 Processing of petitions. (a) In general. (b) Grants. (c) Denials. (d) Notification. [70 FR 67318, Nov. 4, 2005, as amended at 91 FR 22454, Apr. 27, 2026] § 601.34 Petitions for reconsideration. (a) Any interested person may petition the Administrator for reconsideration of a final rule issued under this part. The petition must be in English and submitted to the Administrator, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, and received not later than thirty (30) days after publication of the final rule in the Federal Register. (b) If the petitioner requests the consideration of additional facts, he/she must state the reason the facts were not presented to the Administrator within the prescribed comment period of the rulemaking. (c) The Administrator will not consider repetitious petitions. (d) Unless the Administrator otherwise provides, the filing of a petition under this section does not stay the effective date of the final rule. § 601.35 Proceedings on petitions for reconsideration. The Administrator may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. In the event he/she determines to reconsider any rule, he/she may issue a final decision on reconsideration without further proceedings, or he/she may provide such opportunity to submit comment or information and data as he/she deems appropriate. Whenever the Administrator determines that a petition should be granted or denied, he/she prepares a notice of the grant or denial of a petition for reconsideration and issues it to the petitioner. The Administrator may consolidate petitions relating to the same rule. § 601.36 Procedures for direct final rulemaking. (a) Rules the Administrator judges to be non-controversial and unlikely to result in adverse public comment may be published as direct final rules. These include non-controversial rules that: (1) Affect internal procedures of FTA, such as filing requirements and rules governing inspection and copying of documents; (2) Are non-substantive clarifications or corrections to existing rules; (3) Update existing forms; (4) Make minor changes in the substantive rule regarding statistics and reporting requirements; (5) Make changes to the rule implementing the Privacy Act; and (6) Adopt technical standards set by outside organizations. (b) The Federal Register (c) If no written adverse comment is received by FTA within the specified time of publication in the Federal Register, Federal Register (d) If FTA receives any written adverse comment within the specified time of publication in the Federal Register, (e) An “adverse” comment for the purpose of this subpart means any comment that FTA determines is critical of the rule, suggests that the rule should not be adopted, or suggests a change that should be made in the rule. A comment suggesting that the policy or requirements of the rule should or should not also be extended to other Departmental programs outside the scope of the rule is not adverse. [70 FR 67318, Nov. 4, 2005, as amended at 91 FR 22454, Apr. 27, 2026] Subpart D—Emergency Procedures for Public Transportation Systems § 601.40 Applicability. This part prescribes procedures that apply to FTA grantees and subgrantees when the President has declared a national or regional emergency, when a State Governor has declared a state of emergency, when the Mayor of the District of Columbia has declared a state of emergency, or in anticipation of such declarations. § 601.41 Petitions for relief. In the case of a national or regional emergency or disaster, or in anticipation of such a disaster, any FTA grantee or subgrantee may petition the Administrator for temporary relief from the provisions of any policy statement, circular, guidance document or rule. § 601.42 Emergency relief docket. (a) By January 31st of each year, FTA shall establish an Emergency Relief Docket in https://www.regulations.gov. (b) FTA shall publish a notice in the Federal Register (c) If the Administrator, or his/her designee, determines that an emergency event has occurred, or in anticipation of such an event, FTA shall place a message on its web page indicating the Emergency Relief Docket has been opened and including the docket number. § 601.43 Opening the docket. (a) The Emergency Relief Docket shall be opened within two business days of an emergency or disaster declaration in which it appears FTA grantees or subgrantees are or will be impacted. (b) In cases in which emergencies can be anticipated, such as hurricanes, FTA shall open the docket and place the message on the FTA website in advance of the event. (c) 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 Avenue SE, Washington, DC 20590; via telephone, at: (202) 366-4043; or via fax, at (202) 366-3472, requesting opening of the Docket for that emergency and including the information in § 601.45. The Administrator in his or her sole discretion shall determine the need for opening the Emergency Relief Docket. § 601.44 Posting to the docket. (a) All petitions for relief must be posted in the docket in order to receive consideration by FTA. (b) The docket is publicly accessible and can be accessed 24 hours a day, seven days a week, via the internet at https://www.regulations.gov. (c) 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 their behalf. (d) Any grantee or subgrantee submitting petitions for relief or comments to the docket must include the agency name (Federal Transit Administration) and that calendar year's docket number. Grantees and subgrantees making submissions by mail or hand delivery should submit two copies. § 601.45 Required information. A petition for relief under this section shall: (a) Identify the grantee or subgrantee and its geographic location; (b) Specifically address how an FTA requirement in a policy statement, circular, or agency guidance will limit a grantee's or subgrantee's ability to respond to an emergency or disaster; (c) Identify the policy statement, circular, guidance document and/or rule from which the grantee or subgrantee seeks relief; and (d) Specify if the petition for relief is one-time or ongoing, and if ongoing identify the time period for which the relief is requested. The time period may not exceed three months; however, additional time may be requested through a second petition for relief. § 601.46 Processing of petitions. (a) A petition for relief will be conditionally granted for a period of three (3) business days from the date it is submitted to the Emergency Relief Docket. (b) 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. (c) 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. (d) If FTA fails to post a response to the request for relief to the docket within three business days, the grantee or subgrantee may assume its petition is granted until and unless FTA states otherwise. § 601.47 Review Procedures. (a) FTA reserves the right to reopen any docket and reconsider any decision made pursuant to these emergency procedures based upon its own initiative, on 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. (b) FTA decision letters granting or denying a petition shall be posted in the appropriate Emergency Relief Docket and shall reference the document number of the petition to which it relates.

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