Contractor Performance Incentives for the Capital Investment Program, 7388-7389 [E9-3207]
Download as PDF
<![CDATA[
7388
Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Proposed Rules
Unfunded Mandates Reform Act of 1995
DEPARTMENT OF TRANSPORTATION
This rule will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $120,000,000 or more
(adjusted for inflation) in any one year,
and will not significantly or uniquely
affect small governments. Therefore, no
actions were deemed necessary under
provisions of the Unfunded Mandates
Reform Act of 1995.
Federal Transit Administration
Congressional Review Act
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996 (Congressional Review Act). This
rule will not result in an annual effect
on the economy of $100,000,000 or
more; a major increase in costs or prices:
or significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
export markets.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Narcotics, Prescription drugs.
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
Authority: 21 U.S.C. 811, 812, 871(b)
unless otherwise noted.
2. Section 1308.12 is amended in the
table by adding a new paragraph (c)(28)
to read as follows:
Schedule II.
sroberts on PROD1PC70 with PROPOSALS
*
*
*
*
*
(c) * * *
(28) Tapentadol 9780
*
*
*
*
*
Dated: January 27, 2009.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E9–3150 Filed 2–13–09; 8:45 am]
BILLING CODE 4410–09–P
VerDate Nov<24>2008
18:52 Feb 13, 2009
Jkt 217001
[Docket No. FTA–2006–25737]
RIN 2132–AA81
Major Capital Investment Projects
AGENCY: Federal Transit Administration
(FTA), DOT.
ACTION: Notice of proposed rulemaking;
withdrawal.
SUMMARY: This action withdraws a
notice of proposed rulemaking (NPRM)
concerning major capital investment
projects published in the Federal
Register on August 3, 2007 (72 FR
43328). FTA has determined that
withdrawal of the NPRM is warranted
due to an intervening statutory change.
FOR FURTHER INFORMATION CONTACT:
Christopher Van Wyk, Office of Chief
Counsel, Federal Transit
Administration, 1200 New Jersey Ave.,
SE., East Building, Fifth Floor,
Washington, DC 20590, (202) 366–4011
or Christopher.VanWyk@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under the authority vested in the
Attorney General by § 201(a) of the CSA
(21 U.S.C. 811(a)), and delegated to the
Administrator of the DEA by the
Department of Justice regulations (28
CFR 0.100), and redelegated to the
Deputy Administrator pursuant to 28
CFR 0.104, the Deputy Administrator
hereby proposes that 21 CFR part 1308
be amended as follows:
§ 1308.12
49 CFR Part 611
On August 10, 2005, President Bush
signed the Safe, Accountable, Flexible,
and Efficient Transportation Equity
Act—A Legacy for Users (SAFETEA–
LU). Section 3011 of SAFETEA–LU
made a number of changes to 49 U.S.C.
5309, which authorizes the Federal
Transit Administration’s (FTA) capital
investment grant program. SAFETEA–
LU also required that FTA issue
regulations establishing an evaluation
and rating process for the new Small
Starts program. To effectuate the
statutory changes and comply with the
rulemaking requirement, FTA published
an advance notice of proposed
rulemaking on January 30, 2006 and a
notice of proposed rulemaking (NPRM)
on August 3, 2007. On June 6, 2008, the
SAFETEA–LU Technical Corrections
Act of 2008 (122 Stat. 1572) was signed
into law, amending 49 U.S.C. 5309 to
require that FTA ‘‘give comparable, but
not necessarily equal, numerical weight
to each project justification criteria in
calculating the overall project rating’’
for both New Start and Small Start
projects. The revisions to the statute
require such a fundamental change in
how FTA weighs the several project
justification criteria that a new approach
to rulemaking for the New Starts and
Small Starts program is required. Thus,
FTA is publishing this notice to
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
withdraw the NPRM it issued on August
3, 2007.
FTA received numerous written
comments in response to the NPRM.
The majority of commenters opposed
the NPRM, with overwhelmingly
negative comment on a number of
specific proposals. The following
concerns emerged as the most widely
held: A regulatory requirement that a
project be rated medium on costeffectiveness in order to obtain a
funding recommendation; costeffectiveness weighted fifty percent of
the overall project justification rating;
modification of the definition of ‘‘fixed
guideway’’ to include High Occupancy
Toll (HOT) lanes under certain
conditions; consideration given to
congestion reduction in evaluating
projects; inclusion of weights for
evaluation criteria in the regulatory text
rather than in policy guidance; the level
of simplification for the new Small
Starts program; the combination of the
evaluation measures for economic
development and land use and the
weight given to the combined measure;
the prohibition on segmenting a New
Starts project into several Small Starts
projects; and the proposal for the Very
Small Starts category of projects.
Today’s issue of the Federal Register
contains another withdrawal notice by
which FTA is also withdrawing the
NPRM it issued for the Contractor
Performance Incentives for the Capital
Investment Program on February 19,
2008 (73 FR 9075).
The Withdrawal
In consideration of the foregoing, the
NPRM for FTA Docket No. FTA–2006–
25737, as published in the Federal
Register on August 3, 2007 (72 FR
43328) is hereby withdrawn.
Issued in Washington, DC, this 10th day of
February, 2009.
Matthew J. Welbes,
Acting Deputy Administrator.
[FR Doc. E9–3208 Filed 2–13–09; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 612
[Docket No. FTA–2008–0005]
RIN 2132–AA96
Contractor Performance Incentives for
the Capital Investment Program
AGENCY: Federal Transit Administration
(FTA), DOT.
E:\FR\FM\17FEP1.SGM
17FEP1
Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Proposed Rules
ACTION: Notice of proposed rulemaking;
withdrawal.
SUMMARY: This action withdraws an
FTA notice of proposed rulemaking
(NPRM), Contractor Performance
Incentives for the Capital Investment
Program, published in the Federal
Register on February 19, 2008 (73 FR
9075). FTA has determined that
contractor performance incentives do
not require a rulemaking to be
effectuated. Rather, FTA can work with
project sponsors on a case-by-case basis
to provide incentives, and therefore, the
rulemaking is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Sherry Riklin, Deputy Associate
Administrator for Planning and
Environment, 1200 New Jersey Avenue,
SE., East Building, Washington, DC
20590, phone: (202) 366–4033, fax:
(202) 493–2478 or e-mail,
Sherry.Riklin@dot.gov. For legal
questions, please contact Bonnie L.
Graves, Attorney-Advisor, Legislation
and Regulations Division, Office of
Chief Counsel, same address, phone:
(202) 366–0944, fax: (202) 366–3809, or
e-mail, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with PROPOSALS
Background
On August 10, 2005, President Bush
signed the Safe, Accountable, Flexible,
VerDate Nov<24>2008
18:52 Feb 13, 2009
Jkt 217001
and Efficient Transportation Equity
Act—A Legacy for Users (SAFETEA–
LU). Section 3011 of SAFETEA–LU
made a number of changes to 49 U.S.C.
5309 (‘‘Section 5309’’), which
authorizes the Federal Transit
Administration’s (FTA’s) capital
investment grant program. SAFETEA–
LU emphasized the need to improve the
accuracy of the estimates of ridership
and costs used to support the selection
of a capital investment project (‘‘New
Start’’) as a locally preferred alternative
(LPA) for Section 5309 funds. Section
5309(d)(4)(B)(i) and Section
5309(e)(4)(D) add ‘‘the reliability of
forecasting methods’’ as a new
evaluation consideration; Section
5309(g)(2)(C) codifies the ‘‘before and
after’’ study requirement; and Section
5309(l)(2) requires FTA to produce an
annual report on contractor performance
in the development of ridership
forecasts and cost estimates for New
Starts projects.
FTA published a notice of proposed
rulemaking (NPRM) for the Contractor
Performance Incentives for the Capital
Investment Program on February 19,
2008. FTA received written comments
from three entities. All three entities
expressed general support for the
concept of providing incentives for
accurate ridership and cost estimates,
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
7389
and also expressed concerns about the
practicality of the proposal.
Upon reflection, FTA has determined
that a separate rulemaking is not
necessary in order to implement
incentives to contractors for accurate
ridership and cost estimates. FTA will
work with project sponsors case-by-case
to provide incentives to contractors for
accurate ridership and cost estimates as
appropriate, and may, at some point in
the future, include incentives in a New
Starts rulemaking, or issue a policy
statement or guidance document to
provide guidelines on incentives.
Today’s issue of the Federal Register
contains another withdrawal notice by
which FTA is also withdrawing the
NPRM it issued for the Major Capital
Investment Program on August 3, 2007
(72 FR 43328).
The Withdrawal
In consideration of the foregoing, the
NPRM for FTA Docket No. FTA–2008–
0005, as published in the Federal
Register on February 19, 2008 (73 FR
9075) is hereby withdrawn.
Issued in Washington, DC, this 10th day of
February, 2009.
Matthew J. Welbes,
Acting Deputy Administrator.
[FR Doc. E9–3207 Filed 2–13–09; 8:45 am]
BILLING CODE 4910–57–P
E:\FR\FM\17FEP1.SGM
17FEP1
]]>Agencies
[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Proposed Rules]
[Pages 7388-7389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3207]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 612
[Docket No. FTA-2008-0005]
RIN 2132-AA96
Contractor Performance Incentives for the Capital Investment
Program
AGENCY: Federal Transit Administration (FTA), DOT.
[[Page 7389]]
ACTION: Notice of proposed rulemaking; withdrawal.
-----------------------------------------------------------------------
SUMMARY: This action withdraws an FTA notice of proposed rulemaking
(NPRM), Contractor Performance Incentives for the Capital Investment
Program, published in the Federal Register on February 19, 2008 (73 FR
9075). FTA has determined that contractor performance incentives do not
require a rulemaking to be effectuated. Rather, FTA can work with
project sponsors on a case-by-case basis to provide incentives, and
therefore, the rulemaking is withdrawn.
FOR FURTHER INFORMATION CONTACT: Sherry Riklin, Deputy Associate
Administrator for Planning and Environment, 1200 New Jersey Avenue,
SE., East Building, Washington, DC 20590, phone: (202) 366-4033, fax:
(202) 493-2478 or e-mail, Sherry.Riklin@dot.gov. For legal questions,
please contact Bonnie L. Graves, Attorney-Advisor, Legislation and
Regulations Division, Office of Chief Counsel, same address, phone:
(202) 366-0944, fax: (202) 366-3809, or e-mail, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2005, President Bush signed the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act--A Legacy for Users
(SAFETEA-LU). Section 3011 of SAFETEA-LU made a number of changes to 49
U.S.C. 5309 (``Section 5309''), which authorizes the Federal Transit
Administration's (FTA's) capital investment grant program. SAFETEA-LU
emphasized the need to improve the accuracy of the estimates of
ridership and costs used to support the selection of a capital
investment project (``New Start'') as a locally preferred alternative
(LPA) for Section 5309 funds. Section 5309(d)(4)(B)(i) and Section
5309(e)(4)(D) add ``the reliability of forecasting methods'' as a new
evaluation consideration; Section 5309(g)(2)(C) codifies the ``before
and after'' study requirement; and Section 5309(l)(2) requires FTA to
produce an annual report on contractor performance in the development
of ridership forecasts and cost estimates for New Starts projects.
FTA published a notice of proposed rulemaking (NPRM) for the
Contractor Performance Incentives for the Capital Investment Program on
February 19, 2008. FTA received written comments from three entities.
All three entities expressed general support for the concept of
providing incentives for accurate ridership and cost estimates, and
also expressed concerns about the practicality of the proposal.
Upon reflection, FTA has determined that a separate rulemaking is
not necessary in order to implement incentives to contractors for
accurate ridership and cost estimates. FTA will work with project
sponsors case-by-case to provide incentives to contractors for accurate
ridership and cost estimates as appropriate, and may, at some point in
the future, include incentives in a New Starts rulemaking, or issue a
policy statement or guidance document to provide guidelines on
incentives.
Today's issue of the Federal Register contains another withdrawal
notice by which FTA is also withdrawing the NPRM it issued for the
Major Capital Investment Program on August 3, 2007 (72 FR 43328).
The Withdrawal
In consideration of the foregoing, the NPRM for FTA Docket No. FTA-
2008-0005, as published in the Federal Register on February 19, 2008
(73 FR 9075) is hereby withdrawn.
Issued in Washington, DC, this 10th day of February, 2009.
Matthew J. Welbes,
Acting Deputy Administrator.
[FR Doc. E9-3207 Filed 2-13-09; 8:45 am]
BILLING CODE 4910-57-P
