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GAO-15-174R 1 (2014-10-23)

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G      A              U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-326341


October 23, 2014

The Honorable John D. Rockefeller IV
Chairman
The Honorable John Thune
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Bill Shuster
Chairman
The Honorable Nick J. Rahall II
Ranking Member
Committee on Transportation and Infrastructure
House of Representatives

Subject: Department of Transportation, Federal Transit Administration: Emergency Relief
        Program

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Transportation, Federal Transit Administration (FTA) entitled
Emergency Relief Program (RIN: 2132-AB13). We received the rule on October 9, 2014. It
was published in the Federal Register as a final rule on October 7, 2014. 79 Fed. Reg. 60,349.

The final rule establishes procedures governing FTA's Public Transportation Emergency Relief
Program. The Emergency Relief Program allows FTA, subject to the availability of
appropriations, to make grants for eligible public transportation capital and operating costs in the
event of a catastrophic event, such as a natural disaster, that affects a wide area, as a result of
which the governor of a state has declared an emergency and the Secretary of Transportation
has concurred, or the President has declared a major disaster.

The Congressional Review Act requires a 60-day delay in the effective date of a major rule from
the date of publication in the Federal Register or receipt of the rule by Congress, whichever is
later. 5 U.S.C. 801(a)(3)(A). This final rule has a stated effective date of November 6, 2014.
The rule was published in the Federal Register on October 7, 2014, and received on October 9,
2014. Therefore, this final rule does not have the required 60-day delay in effective date.

Enclosed is our assessment of FTA's compliance with the procedural steps required by section
801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps
taken indicates that FTA complied with the applicable requirements, with the exception of the
60-day delay requirement.


GAO-15-174R

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