49 C.F.R. § 604.11

Petitions to the Administrator

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(a) A recipient may petition the Administrator for an exception to the regulations in this part to provide charter service directly to a customer for:

(1) Events of regional or national significance;

(2) Hardship (only for non-urbanized areas under 50,000 in population or small urbanized areas under 200,000 in population); or

(3) Unique and time sensitive events (e.g., funerals of local, regional, or national significance) that are in the public's interest.

(b) The petition to the Administrator shall include the following information:

(1)(i) The date and description of the event;

(ii) The type of service requested and the type of equipment;

(iii) The anticipated number of charter service hours needed for the event; and

(iv) The anticipated number of vehicles and duration of the event; and

(2) For an event of regional or national significance, the petition shall include a description of how registered charter providers were consulted, how registered charter providers will be utilized in providing the charter service, a certification that the recipient has exhausted all of the registered charter providers in its geographic service area, and submit the petition at least 90 days before the first day of the event described in paragraph (b)(1)(i) of this section;

(3) For a hardship request, a petition is only available if the registered charter provider that has indicated an interest in providing the charter service set out in the notice issued pursuant to § 604.14 has a deadhead time that exceeds total trip time from initial pickup to final drop-off, including wait time. The petition shall describe how the registered charter provider's minimum duration would create a hardship on the group requesting the charter service; or

(4) For unique and time sensitive events, the petition shall describe why the event is unique or time sensitive and how providing the charter service would be in the public's interest.

(c) When a petition meeting the requirements of paragraph (b) is received, the Administrator will review the materials and issue a written decision either granting or denying the request, in whole or in part. In making this decision, the Administrator may seek such additional information as the Administrator deems necessary. The Administrator's decision shall be filed in the Petitions to the Administrator docket, number FTA-2007-0022 at https://www.regulations.gov and sent to the recipient.

(d) Any exception granted by the Administrator under this section shall be effective only for the event identified in paragraph (b)(1)(i) of this section.

(e) A recipient shall send its petition to the Administrator by email to [email protected].

(f) A recipient shall retain a copy of the Administrator's approval for a period of at least three years and shall include it in the recipient's quarterly report posted on the charter registration website.

Notes of Decisions

Cited in 2 cases, 2009–2009 · leading case: United Motorcoach Ass'n, Inc. v. Welbes, 614 F. Supp. 2d 1 (D.D.C. 2009).

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United Motorcoach Ass'n, Inc. v. Welbes, 614 F. Supp. 2d 1 (D.D.C. 2009). · cites it 11× “49 C.F.R. § 604.11 . 3 There are three primary grounds for exceptions.”

United Motorcoach Ass'n, Inc. v. Simpson (D.D.C. 2009). · cites it 11× “49 C.F.R. § 604.11 (b). Additional requirements also apply, depending on the type of exception sought.”

— 49 C.F.R. § 604.11(a)(1) — 2 cases

United Motorcoach Ass'n, Inc. v. Welbes, 614 F. Supp. 2d 1 (D.D.C. 2009). “49 C.F.R. § 604.11 . 3 There are three primary grounds for exceptions.”

United Motorcoach Ass'n, Inc. v. Simpson (D.D.C. 2009). “49 C.F.R. § 604.11 (b). Additional requirements also apply, depending on the type of exception sought.”

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