Supplemental Request for Comments on Issues Relating to “Joint Development” of Intercity Bus and Intercity Rail Stations and Terminals and Extension of Comment Period, 15513-15516 [E6-4441]

Download as PDF Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices cprice-sewell on PROD1PC66 with NOTICES patterns, and redevelopment potential); wetlands; floodplains; wildlife and habitat; specially designated waters (Outstanding Florida Waters and Aquatic Preserves); Coastal Zone Consistency Determination; cultural resources; coastal barrier resources; contamination; sole source aquifers; noise and vibration; essential fish habitat; potential environmental justice issues as well as secondary, cumulative, and construction-related impacts; air and water quality; navigable waterway crossings; and permits required. The need for right-of-way acquisitions and relocations will also be evaluated. Alternative alignments, designs, station locations, and other measures to avoid, minimize, and mitigate adverse impacts will be developed and evaluated. The exact Purpose and Need and Range of Alternatives for this project will be established after an opportunity by the participating agencies and the public for involvement. V. Public Involvement Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have expressed interest in this proposal. The environmental review process for this project will include ‘‘participating agencies’’ from Federal, state, local agencies and tribal nations that have an interest in the project. Further, FTA and FDOT will establish a coordination plan for agency and public participation and comment. A public Web site has also been created for the project (https:// www.sfeccstudy.com) where project information, notification of public meetings, and an opportunity to join the mailing list are provided. A series of public meetings (in conjunction with the project scoping meetings) will be held in North Miami, Miami-Dade County; Fort Lauderdale, Broward County; and, West Palm Beach, Palm Beach County, Florida between April 17th and April 24th, 2006. In addition, a public hearing will be held at the completion of each Tier of the PEIS. Public notice will be given of the time and place of the meetings and hearing. For each Tier, the Draft PEIS will be made available for public and agency review and comment. Formal scoping meetings are being held in conjunction with the public meetings listed above and are published on the project Web site’s public meeting page. To ensure that the full range of issues related to the proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. VerDate Aug<31>2005 15:19 Mar 27, 2006 Jkt 208001 Comments or questions concerning this proposed action and the PEIS should be directed to the FTA at the address provided previously. VI. FTA Procedures In accordance with FTA policy, all Federal laws, regulations, and executive orders affecting project development, including but not limited to the regulations of the Council on Environmental Quality and FTA implementing NEPA (40 CFR parts 1500–1508, and 23 CFR part 771), the 1990 Clean Air Act Amendments, Section 404 of the Clean Water Act, Executive Order 12898 regarding environmental justice, the National Historic Preservation Act, the Endangered Species Act, and Section 4(f) of the DOT Act, will be addressed to the maximum extent practicable during the NEPA process. In addition, FDOT seeks section 5309 New Starts funding for the project and will therefore be subject to the FTA New Starts regulation (49 CFR part 611). This New Starts regulation requires the submission of certain specified information to FTA to support an FDOT request to initiate preliminary engineering, which is normally done in conjunction with the NEPA process. Issued on: March 23, 2006. Yvette G. Taylor, Regional Administrator. [FR Doc. E6–4497 Filed 3–27–06; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2006–23511] Supplemental Request for Comments on Issues Relating to ‘‘Joint Development’’ of Intercity Bus and Intercity Rail Stations and Terminals and Extension of Comment Period Federal Transit Administration (FTA), DOT. ACTION: Solicitation of comment; Extension of comment period. AGENCY: SUMMARY: The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (SAFETEA–LU) enacted certain amendments to the definition of the term ‘‘capital project’’ as used in 49 U.S.C. 5301 et seq. (Federal Transit Law) relating to ‘‘joint development’’ activities by recipients of Federal funds under Federal Transit Law. In order to assist the Federal Transit Administration (FTA) in developing a proposed guidance document PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 15513 concerning the implementation of such amendments, FTA published a proposed guidance document on January 31, 2006 (71 FR 5107). Since publication of that document, FTA identified several other issues on which we would like to receive public input, and, thus, we are extending the comment period for an additional thirty days. Also, please be advised that the previously published guidance on joint development will not operate as interim or final guidance for FTA unless and until otherwise stated by FTA, in writing. Comments should be received on or before April 27, 2006. Late filed comments will be considered to the extent practicable. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number FTA–2006–23511] by any of the following methods: Web Site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Fax: 202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, PL–401, Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, D.C., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You must include the agency name (Federal Transit Administration) and the docket number (FTA–2006–23511). You should submit two copies of your comments if you submit them by mail. If you wish to receive confirmation that FTA received your comments, you must include a self-addressed stamped postcard. Note that all comments received will be posted without change to the Department’s Docket Management System (DMS) Web site located at https://dms.dot.gov. This means that if your comment includes any personal identifying information, such information will be made available to users of DMS. FOR FURTHER INFORMATION CONTACT: For program questions, please contact Robert Tuccillo at (202) 366–4050. For legal questions, please contact Jayme Blakesley at (202) 366–0304. The principal office of FTA is located at 400 Seventh Street, SW., Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: DATES: E:\FR\FM\28MRN1.SGM 28MRN1 15514 Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices Background Federal Transit Law has included joint development authority since the Federal Public Transportation Act of 1978. In the Transportation Equity Act for the 21st Century, the joint development authority was incorporated into the definition of a public transportation ‘‘capital project’’ at 49 U.S.C. 5302(a)(1)(G). This made joint development activities eligible for reimbursement under formula and discretionary public transportation grant programs. cprice-sewell on PROD1PC66 with NOTICES New Authority SAFETEA–LU adds intercity bus and rail stations and terminals to the joint development authority and exempts such facilities from the prohibition on funding the construction of commercial, revenue-producing facilities. As amended by SAFETEA–LU, the definition of ‘‘capital project’’ provides, in pertinent part, as follows: (1) Capital project.—The term ‘‘capital project’’ means a project for— (G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation— (i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and (ii) excluding construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation . * * * [emphasis added] FTA proposes to implement the joint development authority by providing guidance in Appendix A to Circular 9300.1A (Capital Program: Grant VerDate Aug<31>2005 15:19 Mar 27, 2006 Jkt 208001 Application Instructions) and in Appendix B to Circulars 5010.1C and 9030.1C (Grants Management Guidelines and Urbanized Area Formula Program: Grant Application Instructions). In addition to the proposed guidance document published on January 31, 2005, and before issuing the appendices for public comment in accordance with 49 U.S.C. 5334(l), FTA is soliciting additional comment on the issues identified below and we invite those reviewing this document to bring to our attention issues we might not have identified, due to state law or local share issues that may affect how this new authority can be implemented. 1. Interpretation of ‘‘Capital Project’’ FTA proposes to interpret the definition and operation of the term ‘‘capital project’’ set forth at 49 U.S.C. 5302(a)(1)(G) with respect to ‘‘construction, renovation and improvement of intercity bus and intercity rail stations and terminals’’ as follows: To be eligible for funding pursuant to a program established by Federal Transit Law, the ‘‘construction, renovation and improvement of intercity bus and intercity rail stations and terminals’’ must be ‘‘a public transportation improvement’’ that (A) ‘‘enhances economic development or incorporates private investment’’ and (B) that either (i) ‘‘enhances the effectiveness of a public transportation project and relates physically or functionally to that public transportation project’’ or (ii) ‘‘establishes new or enhanced coordination between public transportation and other transportation.’’ FTA requests comment on the above interpretation of 49 U.S.C. 5302(a)(1)(G). 2. ‘‘Enhances Economic Development or Incorporates Private Development’’ As noted above, it is a threshold requirement for Federal funding of ‘‘construction, renovation and improvement of intercity bus and intercity rail stations and terminals’’ that such construction, renovation and improvement enhance economic development or incorporate private investment. FTA invites recommendations of criteria by which FTA may determine whether the construction, renovation and improvement of an intercity bus or intercity rail station or terminal enhance economic development or incorporate private investment. PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 3. ‘‘Enhances the Effectiveness of Public Transportation Project’’ The construction, renovation and improvement of intercity bus and intercity rail stations and terminals may receive Federal funding if, among other things, such construction, renovation and improvement ‘‘enhances the effectiveness of a public transportation project.’’ FTA invites recommendations of criteria by which FTA may determine whether the construction, renovation and improvement of an intercity bus or intercity rail station or terminal ‘‘enhances the effectiveness of a public transportation project.’’ 4. The Meaning of ‘‘Related Physically or Functionally’’ The construction, renovation and improvement of intercity bus and intercity rail stations and terminals may receive Federal funding if, among other things, such construction, renovation and improvement are ‘‘related physically or functionally’’ to a public transportation project. Based on the implementation of this authority over the last twenty years, FTA has construed ‘‘related physically or functionally’’ to require, as a threshold matter, that such construction, renovation and improvement be located on land used for a transit purpose. Within this framework, FTA has previously preferred projects where the joint development was fully integrated into the overall structural envelope of the public transportation project, thus ensuring a physical relationship. However, the addition of intercity bus and train stations to the definition of a public transportation capital project raises some questions regarding functional relationship. The disjunctive requirement of physical ‘‘or’’ functional relation suggests that such a facility could be built separately from—but in functional relation to—a public transportation facility and located on land not used for a transit purpose, so long as such facility bore a functional relation to public transportation. FTA invites recommendations of criteria by which FTA may determine whether the construction, renovation and improvement of an intercity bus and intercity rail station or terminal relate ‘‘functionally’’ to a public transportation project. In particular, FTA solicits examples of joint development projects that are functionally related to a public transportation facility without being physically related (that is, without being contiguous or structurally integrated). In addition, FTA invites responses to the following related questions: E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices • Should FTA consider any other indicators of functional relationship, such as facility design, presence or function of pedestrian improvements? • May the functional relationship extend across an intervening street, major thoroughfare or unrelated property? For example, is a public transportation facility on one side of the street still functionally related to an intercity bus station on the opposite side of the street? • What is sufficient to establish a functional relationship that does not involve physical proximity to and/or physical connection to a public transportation facility? Please provide examples that illustrate such a relationship. • If FTA determines that a freestanding facility is functionally related to a public transportation facility or system, how should it determine the amount of parking that is an eligible cost? cprice-sewell on PROD1PC66 with NOTICES 5. Meaning of ‘‘New or Enhanced Coordination between Public Transportation and Other Transportation’’ A joint development project may be eligible for Federal funding if, among other things, it establishes ‘‘new or enhanced coordination between public transportation and other transportation.’’ FTA invites recommendations of criteria by which FTA may determine whether the construction, renovation and improvement of an intercity bus or intercity rail station or terminal establishes ‘‘new or enhanced coordination between public transportation and other transportation.’’ In addition, FTA invites responses to the following related questions: • Is there a minimum or basic standard to estimate ‘‘new or enhanced coordination’’? That is, by what metric should the new or enhanced coordination be assessed—increased trips, increases in certain kinds of trips, revenue generated or revenue shared? • What level of public transportation service should there be with which the joint development project might establish ‘‘new or enhanced coordination’’? Is an hourly scheduled service bus stop sufficient, or does it require at least a main line route or terminal? • FTA seeks practical, recent examples of new or enhanced coordination between public transportation and other transportation, particularly where multiple modes are involved, such as public transportation VerDate Aug<31>2005 15:19 Mar 27, 2006 Jkt 208001 with intercity rail and/or bus, or airports, or taxi. 6. Requirements Regarding ‘‘Satisfactory Continuing Control’’ The law provides significant flexibility to public transportation grantees to encumber their federally supported assets for public transportation purposes, with prior FTA approval. Sections 5307(d)(1)(B) and 5309(c)(1)(B) of Title 49 require that the grantee has or will have (or certify that it has or will have) ‘‘satisfactory continuing control over the use of the equipment [and/or] facilities. * * *’’ FTA has allowed public transportation grantees to transfer the title to their federally-funded rolling stock to facilitate lease financing or to transfer real property to a third party to facilitate a joint development, again, with prior FTA approval. In addition, FTA invites responses to the following related questions: • In the case of an intercity bus or rail terminal, how should the grantee demonstrate satisfactory continuing control? • If FTA allows a free-standing intercity bus terminal to be built with FTA funds, should FTA record its interest in the real estate as allowed for in the Master Agreement? Should the grantee? If no interest is recorded, how and who will be responsible for monitoring future encumbrances of the asset as required by the common grant rule? • Once an intercity bus or rail terminal is constructed with FTA funds, should the grantee or the intercity bus or rail operator control the quality of maintenance, the hours of facility operations, or the manner of functional relationship to public transportation? 7. Requirements Regarding Maintenance Section 5309(c)(1) of Title 49 provides that ‘‘[t]he Secretary may not approve a grant for a project under [49 U.S.C. 5309] unless the Secretary determines that * * * the applicant has, or will have the capability and willingness to maintain the equipment or facilities.’’ Similarly, 49 U.S.C. 5307(d) provides that ‘‘[a] recipient may receive a grant in a fiscal year only if * * * the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (c) of [49 U.S.C. 5307] and a certification for that fiscal year that the recipient * * * will maintain equipment and facilities. * * *’’ FTA invites recommendations of criteria by which FTA may determine whether a recipient has the capability and willingness to maintain (or that the recipient will maintain) the PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 15515 construction, renovation and improvement of an intercity bus and intercity rail stations and terminals funded pursuant to 49 U.S.C. 5309(c)(1) or 49 U.S.C. 5307(d). FTA also invites comment on to what degree, if any, FTA should investigate the quality of certification by a recipient that it ‘‘will maintain equipment and facilities’’ pursuant to 49 U.S.C. 5307(d)(1)(C), given that in most cases the recipient will be a public body such as a transit authority. In addition, FTA invites responses to the following related questions: • Once an intercity bus or rail terminal or station is constructed with FTA funds, what should be the permissible use of program income generated by the intercity bus or rail terminal or station? Should FTA allow program income to be used for debt service, return on investment of any private person financing the facility, or operation and maintenance costs, with excess revenues used for purposes allowable under Federal Transit Law? • Should FTA ensure that there is an enforceable maintenance agreement between the transit authority and private company as a pre-requisite to grant approval? • Do transit authorities have funding and legal authority to assume the maintenance responsibility for private facilities? 8. Rules Concerning Cessation of Use of a Federally-Funded Intercity Bus or Rail Terminal or Station for Purposes Allowable Under Federal Transit Law The construction of an intercity bus or rail terminal with Federal grant funds establishes a ‘‘Federal Interest’’ in the resulting project, such that the project is governed by the real estate disposition requirements of the common grant rule at 49 CFR 18.31 and Circular 5010.1C, as well as by disposition rules at 49 U.S.C. 5334(h) and the common grant rule set forth at 49 CFR 18.32. (See also Section 19 of the Master Agreement.) If the property ceases to be used for a public transportation purpose, including an intercity bus or rail purpose, then the property may be disposed of as ‘‘excess property.’’ In such instance, the grantee or sub-grantee must request disposition instructions from the granting agency. These instructions may include requiring a pro-rata return of disposition proceeds to the U.S. Treasury, or the grantee may be allowed to apply the proceeds to reduce the net capital cost of a future public transportation project. The property may also be transferred to another public use with prior FTA approval, without having to return the E:\FR\FM\28MRN1.SGM 28MRN1 15516 Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices Federal investment. In addition, FTA invites responses to the following related questions: • How should this provision be implemented for intercity bus or rail terminal projects undertaken on land not owned by the public transportation agency? • On what basis might nontransportation joint development activities be considered in this context, particularly with regard to the generation of program income and joint development transfer of real property? FTA seeks practical examples of intercity bus or rail terminal reuse, after cessation of intercity service. 9. Eligibility of Furniture, Fixtures and Equipment as a ‘‘Capital Project’’ Generally, FTA has funded transportation-related furniture, fixture, and equipment (FFE) as eligible costs for public transportation projects. FFE related to community services and private, profit-making activities has never been considered eligible, even in the context of joint development. For example, when FTA provided funding for the Linden Center day care in central Ohio, this did not extend to lighting fixtures, tables, chairs, blackboards, or other items required for the day care, even though many of these items were permanently affixed or built into the facility. These items were paid for by the tenant. FTA is considering applying this same standard to intercity bus and rail terminals that are qualified as public transportation capital projects. Because, to date, these items are not considered eligible for Federal funding, they have also not been previously allowed as local match for Federal grant dollars. In addition, FTA invites responses to the following related question: • How should FTA treat FFE related to lunch counters, vending kiosks, and miscellaneous retail activities, such as those found in many intercity bus and rail terminals? Issued on the 22nd day of March, 2006. Sandra K. Bushue, Deputy Administrator. [FR Doc. E6–4441 Filed 3–27–06; 8:45 am] cprice-sewell on PROD1PC66 with NOTICES BILLING CODE 4910–57–P VerDate Aug<31>2005 15:19 Mar 27, 2006 Jkt 208001 DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–New (OJT)] Agency Information Collection Activities Under OMB Review Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–21), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. Comments must be submitted on or before April 27, 2006. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 565–8374, fax (202) 565–6950 or e-mail denise.mclamb@mail.va.gov. Please refer to ‘‘OMB Control No. 2900–New (OJT).’’ Send comments and recommendations concerning any aspect of the information collection to VA’s OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395–7316. Please refer to ‘‘OMB Control No. 2900– New (OJT)’’ in any correspondence. SUPPLEMENTARY INFORMATION: Title: Agreement to Train On The Job Disabled Veterans, VA Form 28–1904. OMB Control Number: 2900–New (OJT). Type of Review: Existing collection in use without an OMB number. Abstract: VA Form 28–1904 is a written agreement between an On the Job Training (OJT) establishment and VA. The agreement is necessary to ensure that OJT is providing claimants with the appropriate training and supervision, and VA’s obligation to provide claimants with the necessary tools, supplies, and equipment for such training. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period DATES: PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 soliciting comments on this collection of information was published on December 9, 2005 at page 73329. Affected Public: Business or other forprofit, not-for-profit institutions, individuals or households, and farms. Estimated Annual Burden: 150 hours. Estimated Average Burden Per Respondent: 15 minutes. Frequency of Response: One-time. Estimated Number of Respondents: 600. Dated: March 16, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6–4417 Filed 3–27–06; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0113] Proposed Information Collection Activity: Proposed Collection; Comment Request Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed revision of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on applicants’ qualifications as a fee appraiser or compliance inspector. DATES: Written comments and recommendations on the proposed collection of information should be received on or before May 30, 2006. ADDRESSES: Submit written comments on the collection of information to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail: irmnkess@vba.va.gov. Please refer to ‘‘OMB Control No. 2900–0113’’ in any correspondence. FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at (202) 273–7079 or FAX (202) 275–5947. E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15513-15516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4441]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2006-23511]


Supplemental Request for Comments on Issues Relating to ``Joint 
Development'' of Intercity Bus and Intercity Rail Stations and 
Terminals and Extension of Comment Period

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Solicitation of comment; Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act of 2005: A Legacy for Users (SAFETEA-LU) enacted certain 
amendments to the definition of the term ``capital project'' as used in 
49 U.S.C. 5301 et seq. (Federal Transit Law) relating to ``joint 
development'' activities by recipients of Federal funds under Federal 
Transit Law. In order to assist the Federal Transit Administration 
(FTA) in developing a proposed guidance document concerning the 
implementation of such amendments, FTA published a proposed guidance 
document on January 31, 2006 (71 FR 5107). Since publication of that 
document, FTA identified several other issues on which we would like to 
receive public input, and, thus, we are extending the comment period 
for an additional thirty days. Also, please be advised that the 
previously published guidance on joint development will not operate as 
interim or final guidance for FTA unless and until otherwise stated by 
FTA, in writing.

DATES: Comments should be received on or before April 27, 2006. Late 
filed comments will be considered to the extent practicable.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
FTA-2006-23511] by any of the following methods:
    Web Site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, D.C., between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    Instructions: You must include the agency name (Federal Transit 
Administration) and the docket number (FTA-2006-23511). You should 
submit two copies of your comments if you submit them by mail. If you 
wish to receive confirmation that FTA received your comments, you must 
include a self-addressed stamped postcard. Note that all comments 
received will be posted without change to the Department's Docket 
Management System (DMS) Web site located at https://dms.dot.gov. This 
means that if your comment includes any personal identifying 
information, such information will be made available to users of DMS.

FOR FURTHER INFORMATION CONTACT: For program questions, please contact 
Robert Tuccillo at (202) 366-4050. For legal questions, please contact 
Jayme Blakesley at (202) 366-0304. The principal office of FTA is 
located at 400 Seventh Street, SW., Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

[[Page 15514]]

Background

    Federal Transit Law has included joint development authority since 
the Federal Public Transportation Act of 1978. In the Transportation 
Equity Act for the 21st Century, the joint development authority was 
incorporated into the definition of a public transportation ``capital 
project'' at 49 U.S.C. 5302(a)(1)(G). This made joint development 
activities eligible for reimbursement under formula and discretionary 
public transportation grant programs.

New Authority

    SAFETEA-LU adds intercity bus and rail stations and terminals to 
the joint development authority and exempts such facilities from the 
prohibition on funding the construction of commercial, revenue-
producing facilities.
    As amended by SAFETEA-LU, the definition of ``capital project'' 
provides, in pertinent part, as follows:

    (1) Capital project.--The term ``capital project'' means a 
project for--
    (G) a public transportation improvement that enhances economic 
development or incorporates private investment, including commercial 
and residential development, pedestrian and bicycle access to a 
public transportation facility, construction, renovation, and 
improvement of intercity bus and intercity rail stations and 
terminals and the renovation and improvement of historic 
transportation facilities, because the improvement enhances the 
effectiveness of a public transportation project and is related 
physically or functionally to that public transportation project, or 
establishes new or enhanced coordination between public 
transportation and other transportation, and provides a fair share 
of revenue for public transportation that will be used for public 
transportation--
    (i) including property acquisition, demolition of existing 
structures, site preparation, utilities, building foundations, 
walkways, open space, safety and security equipment and facilities 
(including lighting, surveillance and related intelligent 
transportation system applications), facilities that incorporate 
community services such as daycare or health care, and a capital 
project for, and improving, equipment or a facility for an 
intermodal transfer facility or transportation mall, except that a 
person making an agreement to occupy space in a facility under this 
subparagraph shall pay a reasonable share of the costs of the 
facility through rental payments and other means; and
    (ii) excluding construction of a commercial revenue-producing 
facility (other than an intercity bus station or terminal) or a part 
of a public facility not related to public transportation . * * * 
[emphasis added]

    FTA proposes to implement the joint development authority by 
providing guidance in Appendix A to Circular 9300.1A (Capital Program: 
Grant Application Instructions) and in Appendix B to Circulars 5010.1C 
and 9030.1C (Grants Management Guidelines and Urbanized Area Formula 
Program: Grant Application Instructions). In addition to the proposed 
guidance document published on January 31, 2005, and before issuing the 
appendices for public comment in accordance with 49 U.S.C. 5334(l), FTA 
is soliciting additional comment on the issues identified below and we 
invite those reviewing this document to bring to our attention issues 
we might not have identified, due to state law or local share issues 
that may affect how this new authority can be implemented.

1. Interpretation of ``Capital Project''

    FTA proposes to interpret the definition and operation of the term 
``capital project'' set forth at 49 U.S.C. 5302(a)(1)(G) with respect 
to ``construction, renovation and improvement of intercity bus and 
intercity rail stations and terminals'' as follows: To be eligible for 
funding pursuant to a program established by Federal Transit Law, the 
``construction, renovation and improvement of intercity bus and 
intercity rail stations and terminals'' must be ``a public 
transportation improvement'' that (A) ``enhances economic development 
or incorporates private investment'' and (B) that either (i) ``enhances 
the effectiveness of a public transportation project and relates 
physically or functionally to that public transportation project'' or 
(ii) ``establishes new or enhanced coordination between public 
transportation and other transportation.'' FTA requests comment on the 
above interpretation of 49 U.S.C. 5302(a)(1)(G).

2. ``Enhances Economic Development or Incorporates Private 
Development''

    As noted above, it is a threshold requirement for Federal funding 
of ``construction, renovation and improvement of intercity bus and 
intercity rail stations and terminals'' that such construction, 
renovation and improvement enhance economic development or incorporate 
private investment. FTA invites recommendations of criteria by which 
FTA may determine whether the construction, renovation and improvement 
of an intercity bus or intercity rail station or terminal enhance 
economic development or incorporate private investment.

3. ``Enhances the Effectiveness of Public Transportation Project''

    The construction, renovation and improvement of intercity bus and 
intercity rail stations and terminals may receive Federal funding if, 
among other things, such construction, renovation and improvement 
``enhances the effectiveness of a public transportation project.'' FTA 
invites recommendations of criteria by which FTA may determine whether 
the construction, renovation and improvement of an intercity bus or 
intercity rail station or terminal ``enhances the effectiveness of a 
public transportation project.''

4. The Meaning of ``Related Physically or Functionally''

    The construction, renovation and improvement of intercity bus and 
intercity rail stations and terminals may receive Federal funding if, 
among other things, such construction, renovation and improvement are 
``related physically or functionally'' to a public transportation 
project. Based on the implementation of this authority over the last 
twenty years, FTA has construed ``related physically or functionally'' 
to require, as a threshold matter, that such construction, renovation 
and improvement be located on land used for a transit purpose. Within 
this framework, FTA has previously preferred projects where the joint 
development was fully integrated into the overall structural envelope 
of the public transportation project, thus ensuring a physical 
relationship.
    However, the addition of intercity bus and train stations to the 
definition of a public transportation capital project raises some 
questions regarding functional relationship. The disjunctive 
requirement of physical ``or'' functional relation suggests that such a 
facility could be built separately from--but in functional relation 
to--a public transportation facility and located on land not used for a 
transit purpose, so long as such facility bore a functional relation to 
public transportation. FTA invites recommendations of criteria by which 
FTA may determine whether the construction, renovation and improvement 
of an intercity bus and intercity rail station or terminal relate 
``functionally'' to a public transportation project. In particular, FTA 
solicits examples of joint development projects that are functionally 
related to a public transportation facility without being physically 
related (that is, without being contiguous or structurally integrated). 
In addition, FTA invites responses to the following related questions:

[[Page 15515]]

     Should FTA consider any other indicators of functional 
relationship, such as facility design, presence or function of 
pedestrian improvements?
     May the functional relationship extend across an 
intervening street, major thoroughfare or unrelated property? For 
example, is a public transportation facility on one side of the street 
still functionally related to an intercity bus station on the opposite 
side of the street?
     What is sufficient to establish a functional relationship 
that does not involve physical proximity to and/or physical connection 
to a public transportation facility? Please provide examples that 
illustrate such a relationship.
     If FTA determines that a free-standing facility is 
functionally related to a public transportation facility or system, how 
should it determine the amount of parking that is an eligible cost?

5. Meaning of ``New or Enhanced Coordination between Public 
Transportation and Other Transportation''

    A joint development project may be eligible for Federal funding if, 
among other things, it establishes ``new or enhanced coordination 
between public transportation and other transportation.'' FTA invites 
recommendations of criteria by which FTA may determine whether the 
construction, renovation and improvement of an intercity bus or 
intercity rail station or terminal establishes ``new or enhanced 
coordination between public transportation and other transportation.'' 
In addition, FTA invites responses to the following related questions:
     Is there a minimum or basic standard to estimate ``new or 
enhanced coordination''? That is, by what metric should the new or 
enhanced coordination be assessed--increased trips, increases in 
certain kinds of trips, revenue generated or revenue shared?
     What level of public transportation service should there 
be with which the joint development project might establish ``new or 
enhanced coordination''? Is an hourly scheduled service bus stop 
sufficient, or does it require at least a main line route or terminal?
     FTA seeks practical, recent examples of new or enhanced 
coordination between public transportation and other transportation, 
particularly where multiple modes are involved, such as public 
transportation with intercity rail and/or bus, or airports, or taxi.

6. Requirements Regarding ``Satisfactory Continuing Control''

    The law provides significant flexibility to public transportation 
grantees to encumber their federally supported assets for public 
transportation purposes, with prior FTA approval. Sections 
5307(d)(1)(B) and 5309(c)(1)(B) of Title 49 require that the grantee 
has or will have (or certify that it has or will have) ``satisfactory 
continuing control over the use of the equipment [and/or] facilities. * 
* *'' FTA has allowed public transportation grantees to transfer the 
title to their federally-funded rolling stock to facilitate lease 
financing or to transfer real property to a third party to facilitate a 
joint development, again, with prior FTA approval. In addition, FTA 
invites responses to the following related questions:
     In the case of an intercity bus or rail terminal, how 
should the grantee demonstrate satisfactory continuing control?
     If FTA allows a free-standing intercity bus terminal to be 
built with FTA funds, should FTA record its interest in the real estate 
as allowed for in the Master Agreement? Should the grantee? If no 
interest is recorded, how and who will be responsible for monitoring 
future encumbrances of the asset as required by the common grant rule?
     Once an intercity bus or rail terminal is constructed with 
FTA funds, should the grantee or the intercity bus or rail operator 
control the quality of maintenance, the hours of facility operations, 
or the manner of functional relationship to public transportation?

7. Requirements Regarding Maintenance

    Section 5309(c)(1) of Title 49 provides that ``[t]he Secretary may 
not approve a grant for a project under [49 U.S.C. 5309] unless the 
Secretary determines that * * * the applicant has, or will have the 
capability and willingness to maintain the equipment or facilities.'' 
Similarly, 49 U.S.C. 5307(d) provides that ``[a] recipient may receive 
a grant in a fiscal year only if * * * the recipient, within the time 
the Secretary prescribes, submits a final program of projects prepared 
under subsection (c) of [49 U.S.C. 5307] and a certification for that 
fiscal year that the recipient * * * will maintain equipment and 
facilities. * * *'' FTA invites recommendations of criteria by which 
FTA may determine whether a recipient has the capability and 
willingness to maintain (or that the recipient will maintain) the 
construction, renovation and improvement of an intercity bus and 
intercity rail stations and terminals funded pursuant to 49 U.S.C. 
5309(c)(1) or 49 U.S.C. 5307(d). FTA also invites comment on to what 
degree, if any, FTA should investigate the quality of certification by 
a recipient that it ``will maintain equipment and facilities'' pursuant 
to 49 U.S.C. 5307(d)(1)(C), given that in most cases the recipient will 
be a public body such as a transit authority. In addition, FTA invites 
responses to the following related questions:
     Once an intercity bus or rail terminal or station is 
constructed with FTA funds, what should be the permissible use of 
program income generated by the intercity bus or rail terminal or 
station? Should FTA allow program income to be used for debt service, 
return on investment of any private person financing the facility, or 
operation and maintenance costs, with excess revenues used for purposes 
allowable under Federal Transit Law?
     Should FTA ensure that there is an enforceable maintenance 
agreement between the transit authority and private company as a pre-
requisite to grant approval?
     Do transit authorities have funding and legal authority to 
assume the maintenance responsibility for private facilities?

8. Rules Concerning Cessation of Use of a Federally-Funded Intercity 
Bus or Rail Terminal or Station for Purposes Allowable Under Federal 
Transit Law

    The construction of an intercity bus or rail terminal with Federal 
grant funds establishes a ``Federal Interest'' in the resulting 
project, such that the project is governed by the real estate 
disposition requirements of the common grant rule at 49 CFR 18.31 and 
Circular 5010.1C, as well as by disposition rules at 49 U.S.C. 5334(h) 
and the common grant rule set forth at 49 CFR 18.32. (See also Section 
19 of the Master Agreement.) If the property ceases to be used for a 
public transportation purpose, including an intercity bus or rail 
purpose, then the property may be disposed of as ``excess property.'' 
In such instance, the grantee or sub-grantee must request disposition 
instructions from the granting agency. These instructions may include 
requiring a pro-rata return of disposition proceeds to the U.S. 
Treasury, or the grantee may be allowed to apply the proceeds to reduce 
the net capital cost of a future public transportation project. The 
property may also be transferred to another public use with prior FTA 
approval, without having to return the

[[Page 15516]]

Federal investment. In addition, FTA invites responses to the following 
related questions:
     How should this provision be implemented for intercity bus 
or rail terminal projects undertaken on land not owned by the public 
transportation agency?
     On what basis might non-transportation joint development 
activities be considered in this context, particularly with regard to 
the generation of program income and joint development transfer of real 
property? FTA seeks practical examples of intercity bus or rail 
terminal reuse, after cessation of intercity service.

9. Eligibility of Furniture, Fixtures and Equipment as a ``Capital 
Project''

    Generally, FTA has funded transportation-related furniture, 
fixture, and equipment (FFE) as eligible costs for public 
transportation projects. FFE related to community services and private, 
profit-making activities has never been considered eligible, even in 
the context of joint development. For example, when FTA provided 
funding for the Linden Center day care in central Ohio, this did not 
extend to lighting fixtures, tables, chairs, blackboards, or other 
items required for the day care, even though many of these items were 
permanently affixed or built into the facility. These items were paid 
for by the tenant. FTA is considering applying this same standard to 
intercity bus and rail terminals that are qualified as public 
transportation capital projects. Because, to date, these items are not 
considered eligible for Federal funding, they have also not been 
previously allowed as local match for Federal grant dollars. In 
addition, FTA invites responses to the following related question:
     How should FTA treat FFE related to lunch counters, 
vending kiosks, and miscellaneous retail activities, such as those 
found in many intercity bus and rail terminals?

    Issued on the 22nd day of March, 2006.
Sandra K. Bushue,
Deputy Administrator.
 [FR Doc. E6-4441 Filed 3-27-06; 8:45 am]
BILLING CODE 4910-57-P
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