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GAO-14-366R 1 (2014-02-19)

handle is hein.gao/gaobadqcq0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-325521 February 19, 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 February 5, 2014. It was published in the Federal Register as an interim final rule; request for comments on March 29, 2013. 78 Fed. Reg. 19,136. The interim final rule established procedures governing the implementation of the Federal Transit Administration's (FTA) Public Transportation Emergency Relief Program under 49 U.S.C. § 5324, as authorized by the Moving Ahead for Progress in the 21st Century Act. FTA issued the interim final rule in order to comply with the Disaster Relief Appropriations Act of 2013. FTA indicated that it would accept comments on the interim final rule and publish a final rule after the comment period closed. The final rule had an effective date of March 29, 2013. The Congressional Review Act (CRA) 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). However, notwithstanding the 60-day delay requirement, any rule that an agency for good cause finds that notice and public procedures are impractical, unnecessary, or contrary to the public interest is to take effect when the promulgating agency so determines. §§ 553(d)(3), 808(2). Accordingly, FTA determined that good cause existed for immediate effectiveness of this rule because the rule was expected to address the immediate need to repair transit system facilities, infrastructure, and equipment damaged by Hurricane Sandy. GAO-14-366R

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