Final Policy Statement on the Eligibility of Pedestrian and Bicycle Improvements Under Federal Transit Law, 52046-52053 [2011-21273]
Download as PDF
<![CDATA[
jlentini on DSK4TPTVN1PROD with NOTICES
52046
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
arrange for an alternative method of
transmission.
To submit comments via https://
www.regulations.gov, enter docket
number USTR–2011–0002 on the home
page and click ‘‘search’’. The site will
provide a search-results page listing all
documents associated with this docket.
Find a reference to this notice by
selecting ‘‘Notice’’ under ‘‘Document
Type’’ on the left side of the searchresults page, and click on the link
entitled ‘‘Submit a Comment.’’
(For further information on using the
https://www.regulations.gov Web site,
please consult the resources provided
on the Web site by clicking on ‘‘How to
Use This Site’’ on the left side of the
home page.)
The https://www.regulations.gov site
provides the option of providing
comments by filling in a ‘‘Type
Comment and Upload File’’ field, or by
attaching a document. It is expected that
most comments will be provided in an
attached document. If a document is
attached, it is sufficient to type ‘‘See
attached’’ in the ‘‘Type Comment and
Upload File’’ field.
A person requesting that information
contained in a comment submitted by
that person be treated as confidential
business information must certify that
such information is business
confidential and would not customarily
be released to the public by the
submitter. Confidential business
information must be clearly designated
as such and the submission must be
marked ‘‘BUSINESS CONFIDENTIAL’’
at the top and bottom of the cover page
and each succeeding page. Any
comment containing business
confidential information must be
submitted by fax to Sandy McKinzy at
(202) 395–3640. A non-confidential
summary of the confidential
information must be submitted to
https://www.regulations.gov. The nonconfidential summary will be placed in
the docket and open to public
inspection.
Information or advice contained in a
comment submitted, other than business
confidential information, may be
determined by USTR to be confidential
in accordance with section 135(g)(2) of
the Trade Act of 1974 (19 U.S.C.
2155(g)(2)). If the submitter believes that
information or advice may qualify as
such, the submitter—
(1) Must clearly so designate the
information or advice;
(2) Must clearly mark the material as
‘‘SUBMITTED IN CONFIDENCE’’ at the
top and bottom of the cover page and
each succeeding page; and
(3) Must provide a non-confidential
summary of the information or advice.
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
Any comment containing confidential
information must be submitted by fax. A
non-confidential summary of the
confidential information must be
submitted to https://
www.regulations.gov. The nonconfidential summary will be placed in
the docket and open to public
inspection.
Pursuant to section 127(e) of the
Uruguay Round Agreements Act (19
U.S.C. 3537(e)), USTR will maintain a
docket on this dispute settlement
proceeding accessible to the public at
https://www.regulations.gov, docket
number USTR–2011–0002. The public
file will include non-confidential
comments received by USTR from the
public with respect to the dispute. If a
dispute settlement panel is convened or
in the event of an appeal from such a
panel, the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions,
received from other participants in the
dispute, will be made available to the
public on USTR’s Web site at https://
www.ustr.gov, and the report of the
panel, and, if applicable, the report of
the Appellate Body, will be available on
the Web site of the World Trade
Organization, https://www.wto.org.
Comments open to public inspection
may be viewed on the https://
www.regulations.gov Web site.
William Busis,
Deputy Assistant United States Trade
Representative for Monitoring and
Enforcement.
[FR Doc. 2011–21235 Filed 8–18–11; 8:45 am]
BILLING CODE 3190–W1–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No: FTA–2009–0052]
Final Policy Statement on the Eligibility
of Pedestrian and Bicycle
Improvements Under Federal Transit
Law
Federal Transit Administration
(FTA), DOT.
ACTION: Final policy statement.
AGENCY:
The Federal Transit
Administration (FTA) hereby
establishes a formal policy on the
eligibility of pedestrian and bicycle
improvements for FTA funding and
defines the catchment area for
pedestrians and bicyclists in relation to
public transportation stops and stations.
DATES: Effective Date: The effective date
of this final policy statement is August
19, 2011.
SUMMARY:
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
Availability of the Final
Policy Statement and Comments: One
may access this final policy statement,
the proposed policy statement, and
public comments on the proposed
policy statement at docket number
FTA–2009–0052. For access to the
docket, please visit https://www.
regulations.gov or the Docket
Operations office located in the West
Building of the United States
Department of Transportation, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Jayme L. Blakesley at jayme.blakesley@
dot.gov or Matthew Lesh at matthew.
lesh@dot.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Introduction
The purpose of this notice is to
simplify the process for determining
whether a pedestrian or bicycle
improvement qualifies for FTA funding
by defining a radius around a public
transportation stop or station within
which FTA will consider pedestrian and
bicycle improvements to have a de facto
functional relationship to public
transportation. For the reasons outlined
in this Policy Statement, and for
purposes of determining whether a
pedestrian or bicycle improvement has
a physical or functional relationship to
public transportation, all pedestrian
improvements located within one-half
mile and all bicycle improvements
located within three miles of a public
transportation stop or station shall have
a de facto physical and functional
relationship to public transportation.
Pedestrian and bicycle improvements
beyond these distances may be eligible
for FTA funding by demonstrating that
the improvement is within the distance
that people will travel by foot or by
bicycle to use a particular stop or
station.
II. Background
Walking, bicycling, and public
transportation are complementary
modes of transportation: many people
access public transportation by walking
a short distance; others arrive by
bicycle. The success of public
transportation can often be limited by
poor ‘‘first and last mile’’ access to the
system. Further, safe walking and
bicycling access can be important
inducements to using public
transportation. Thus, it is essential to
develop safe, secure, and appropriate
pedestrian and bicycle infrastructure if
the users of public transportation are to
E:\FR\FM\19AUN1.SGM
19AUN1
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
have safe, convenient, and practical
access routes to, as well as appropriate
amenities to enhance the utility of,
public transportation systems across the
country.
Adequate sidewalks, pathways, and
roadway crossings in the area around
public transportation access points and
amenities such as benches, shelters, and
lighting at stops and stations are
important for pedestrian comfort and
safety. The most successful and useful
public transportation systems have safe
and convenient pedestrian access and
provide comfortable waiting areas, all of
which encourage greater use.1 Wellconnected sidewalks should be installed
in all areas with regular public
transportation service so that public
transportation patrons will not be forced
to walk in the street while traveling to
or from a stop or station. Additionally,
roadway crossings should be made safer
with an appropriate combination of
facilities, such as marked crosswalks,
median crossing islands, warning signs,
and pedestrian signals.2
Distances beyond the ‘‘walkshed’’ of
public transportation stops and stations
may, in fact, be within the range of a
short bicycle trip. Indeed, as one author
stated, ‘‘[bicycles] are the perfect
transportation choice for a short one- to
three-mile trip to and from a transit
station.’’ 3 Providing secure parking and
other amenities for bicycles and cyclists
at public transportation stops or stations
can be less expensive than providing
parking for automobiles. Access to
public transportation allows bicyclists
the opportunity to make longer trips.
Further, where physical conditions
prevent a continuous bicycle trip,
public transportation can provide a link
to previously inaccessible destinations.
A community’s design, including the
layout of the roads, public
transportation systems, and walkways,
has a huge impact on its residents. A
‘‘livable community’’ may promote
quality of life, economic development,
and social equity. As Secretary of
Transportation Ray LaHood noted, a
‘‘livable community’’ is ‘‘a community
where if people don’t want an
automobile, they don’t have to have one;
a community where you can walk to
work, your doctor’s appointment,
pharmacy or grocery store. Or you could
1 Pedestrian Safety Guide for Transit Agencies,
Federal Highway Administration, United States
Department of Transportation, February 2008.
2 Pedestrian Safety Guide for Transit Agencies,
Federal Highway Administration, United States
Department of Transportation, February 2008.
3 Andrea White-Kjoss, Building Multimodal
Transit Facilities: The One Clear Step toward the
New Transportation Paradigm, Mass Transit, July/
August 2009, at 36–37.
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
take light rail, a bus, or ride a bike.’’ 4
As the Secretary further described,
‘‘livable communities are mixed-use
neighborhoods with highly-connected
streets promoting mobility for all users,
whether they are children walking or
biking to school or commuters riding
transit or driving motor vehicles.
Benefits include improved traffic flow,
shorter trip lengths, safer streets for
pedestrians and cyclists, lower
greenhouse gas emissions, reduced
dependence on fossil fuels, increased
trip-chaining, and independence for
those who prefer not to or are unable to
drive. In addition, investing in a
‘complete street’ concept stimulates
private-sector economic activity by
increasing the viability of street-level
retail small businesses and professional
services, creating housing opportunities
and extending the usefulness of school
and transit facilities.’’ 5 As one leading
scholar noted, ‘‘Pedestrian and bicycle
traffic use fewer resources and affect the
environment less than any other form of
transport.’’ 6 If we are to create livable
communities, ‘‘the range of
transportation choices available to all
Americans—including transit, walking,
bicycling, and improved connectivity
for various modes—must be
expanded.’’ 7
III. United States Department of
Transportation Policy
On March 15, 2010, the United States
Department of Transportation (DOT or
the Department) issued a Policy
Statement on Bicycle and Pedestrian
Accommodations.8 The statement
expressed ‘‘support for * * * the
establishment of well-connected
walking and bicycling networks’’ and
recommended actions to encourage
active transportation networks.
According to the Policy Statement,
‘‘walking and bicycling foster safer,
more livable, family-friendly
communities; promote physical activity
4 Christie Findlay, Living in a Post-Car World,
AARP Bulletin, October 1, 2009.
5 Statement of Ray LaHood, Secretary of
Transportation, before the Committee on Banking,
Housing, and Urban Affairs, United States Senate
Hearing on Greener Communities, Greater
Opportunities: New Ideas for Sustainable
Development and Economic Growth (June 16,
2009).
6 Jan Gehl, Cities for People 105 (2010).
7 Statement of Ray LaHood, Secretary of
Transportation, before the Committee on Banking,
Housing, and Urban Affairs, U.S. Senate Hearing on
Greener Communities, Greater Opportunities: New
Ideas for Sustainable Development and Economic
Growth (June 16, 2009).
8 United States Department of Transportation,
Policy Statement on Bicycle and Pedestrian
Accommodation Regulations and
Recommendations, March 15, 2010, available at
https://www.dot.gov/affairs/2010/bicycle-ped.html.
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
52047
and health; and reduce vehicle
emissions and fuel use.’’ The
Department’s policy is ‘‘to incorporate
safe and convenient walking and
bicycling facilities into transportation
projects.’’
IV. Planning Requirements
The joint planning regulations of FTA
and the Federal Highway
Administration (FHWA) require States
and metropolitan planning
organizations to integrate pedestrian
and bicycle facilities into all
transportation plans and improvement
programs. Pedestrians and bicyclists
must be provided with a reasonable
opportunity to comment on long-range
statewide transportation plans and
metropolitan transportation master
plans.9
V. Eligibility of Pedestrian and Bicycle
Improvements for FTA Funding
Most grant programs administered by
FTA may be used to fund the design,
construction, and maintenance of
pedestrian and bicycle projects that
enhance or are related to public
transportation facilities. Improvements
made expressly eligible by statute
include capital projects like pedestrian
and bicycle access to a public
transportation facility;10 and transit
enhancements like pedestrian access,
walkways, and bicycle access, including
bicycle storage facilities and equipment
for transporting bicycles on public
transportation vehicles.11 Additionally,
certain funding programs administered
by FHWA, including the Surface
Transportation Program (STP) and the
9 Federal Transit Law, Title 49, Chapter 53,
United States Code, encourages states and
metropolitan areas to develop innovative
transportation plans and programs which better
integrate public transportation, bicycle facilities,
pedestrian walkways, and other modes of travel
into the existing transportation system. To this end,
the statewide transportation plan and the
transportation improvement program developed for
each state must ‘‘provide for the development and
integrated management and operation of
transportation systems and facilities (including
accessible pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system.’’ 49 U.S.C.
5304(a)(2). Similarly, the plans and transportation
improvement programs (TIP) of all metropolitan
areas must ‘‘provide for the integrated management
and operation of transportation systems and
facilities (including accessible pedestrian walkways
and bicycle transportation facilities).’’ 49 U.S.C.
5303(c)(2). Moreover, when preparing long-range
statewide transportation plans and transportation
master plan, each state and metropolitan planning
organization (MPO) must provide a reasonable
opportunity to comment to the ‘‘representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle
transportation facilities,’’ among others. 49 U.S.C.
5303(i)(5) and 5304(f)(3).
10 49 U.S.C. 5302(a)(1)(g).
11 49 U.S.C. 5302(a)(15)(f).
E:\FR\FM\19AUN1.SGM
19AUN1
52048
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
Congestion Mitigation and Air Quality
(CMAQ) Program, may be used for
public transportation purposes. Once
transferred to FTA for a public
transportation purpose, these ‘‘flexible’’
funds are administered as FTA funds
and take on all the eligibility and
requirements of the FTA program to
which they are transferred, except for
the Federal share, which remains that
required under the FHWA program.12
The following is a description of the
eligibility requirements for pedestrian
and bicycle improvements under
Federal Transit Law.
A. Capital Projects
An FTA grantee may use any of the
following programs under Title 49,
Chapter 53, of the United States Code to
fund capital projects for pedestrian and
bicycle access to a public transportation
facility:
Section 5307 Urbanized Area
Formula Program;
Section 5309 New Starts and Small
Starts Major Capital Investment
Programs;
Section 5309 Fixed Guideway
Modernization Program;
Section 5309 Bus and Bus Facilities
Discretionary Program;
Section 5310 Elderly Individuals
and Individuals with Disabilities
Formula Program;
Section 5311 Non-Urbanized Area
Formula Program;
Section 5311 Public Transportation
on Indian Reservations;
Section 5316 Job Access and Reverse
Commute Formula Program;
Section 5317 New Freedom
Program; and,
Section 5320 Paul S. Sarbanes
Alternative Transportation in Parks and
Public Lands.
Federal Transit Law defines the term
‘‘capital project’’ to mean, among other
things, ‘‘a public transportation
improvement that enhances economic
development or incorporates private
investment, including * * * pedestrian
and bicycle access to a [public]
transportation facility.’’ 13
This eligibility is not without
restrictions.14 Pedestrian and bicycle
projects made eligible under the
definition of ‘‘capital project’’ must
satisfy additional statutory criteria,
12 49
U.S.C. 5334(i).
U.S.C. 5302(a)(1)(G).
14 Note: The restrictions described in this
paragraph do not apply to projects funded under 49
U.S.C. 5320, Paul S. Sarbanes Alternative
Transportation in Parks and Public Lands.
Alternative transportation expressly includes
activities that provide ‘‘a nonmotorized
transportation system (including the provision of
facilities for pedestrians, bicycles, and
nonmotorized watercraft).’’
jlentini on DSK4TPTVN1PROD with NOTICES
13 49
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
including requirements to enhance
economic development or incorporate
private investment; to enhance the
effectiveness of public transportation
project and relate physically or
functionally to that project, or to
establish new or enhanced coordination
between public transportation and other
transportation; and to provide a fair
share of revenue for public
transportation.15
B. Transit Enhancement Activities
One percent of FTA’s Urbanized Area
Formula program funds apportioned to
urbanized areas with populations of at
least 200,000 are set aside for transit
enhancements. Eligible transit
enhancement projects include
pedestrian access and walkways, bicycle
access, bicycle storage facilities, and
installing equipment for transporting
bicycles on public transportation
vehicles.16 As an added incentive, the
Federal share of transit enhancement
grants covers 90 percent of the cost of
the project.17 If the project involves
providing bicycle access to public
transportation, the grant or portion of
that grant may be at a Federal share of
95 percent.18
VI. Response to Public Comments
FTA received approximately 159
comments on its Proposed Policy
Statement on the Eligibility of
Pedestrian and Bicycle Improvements
under Federal Transit Law. Of those 159
comments, 46 comments were filed after
the January 12, 2010 deadline. Only
three of those comments were filed after
January 15, 2010, with the final
comment being filed on March 9, 2010.
FTA has considered all comments
submitted to the docket on or before
June 1, 2011.
The commenters represent a broad
spectrum of stakeholders throughout the
United States, including the New York
Metropolitan Transportation Authority,
the Washington Metropolitan Area
Transit Authority, the Seattle
Department of Transportation, the City
of Dallas, the Metropolitan Planning
Council of Chicago, the Tri-County
Metropolitan Transportation District of
Oregon, the Center for Transit-Oriented
Development, the American Public
Transportation Association, the United
States Environmental Protection
Agency, the Association of Pedestrian
and Bicycle Professionals, Smart
15 For more information, see FTA’s February 7,
2007 guidance on the Eligibility of Joint
Development Projects under Federal Transit Law at
72 FR 5788.
16 49 U.S.C. 5302(a)(15).
17 49 U.S.C. 5319.
18 49 U.S.C. 5319.
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
Growth America, the National Complete
Streets Coalition, and the Bicycle
Transportation Alliance. Numerous
other State governments, local
governments, metropolitan planning
organizations, trade associations, and
individuals commented on the Proposed
Policy Statement.
In this section, FTA responds to
public comments in the following
topical order: (A) General Comments;
(B) The Pedestrian Catchment Area; (C)
The Bicycle Catchment Area; (D)
Funding Issues; (E) FTA’s Capital
Investment Grants Program; (F) Access
to Public Transportation for Individuals
With Disabilities; (G) Eligible Activities;
(H) Bicycle Sharing Programs; (I)
Planning Issues; (J) Safety Concerns; (K)
Bicycle Improvements in Rural Areas;
(L) Research Issues; (M) Public Health
Issues; (N) Carpooling and Ridesharing
Initiatives; (O) The HUD–DOT–EPA
Partnership for Sustainable
Communities; (P) Park-and-Ride Lots;
(Q) Continuing Control Issues; and, (R)
Miscellaneous Comments. Several
commenters raised issues that are
outside the scope of FTA’s Proposed
Policy Statement, and FTA does not
address those concerns in this Final
Policy Statement.
A. General Comments
The majority of commenters
expressed overwhelming support for
FTA’s Proposed Policy Statement. Many
commenters generally indicated that,
through the Proposed Policy Statement,
FTA was taking a positive step towards
fostering the development and the
sustainability of livable communities.
FTA Response: FTA appreciates the
support for the Proposed Policy
Statement. As discussed above, by
considering pedestrian improvements
located within one-half mile and bicycle
improvements located within three
miles of a public transportation stop or
station to have a de facto physical and
functional relationship to public
transportation, individuals will benefit
from improved traffic flow, shorter trip
lengths, safer streets for pedestrians and
cyclists, lower greenhouse gas
emissions, reduced dependence on
fossil fuels, increased trip-chaining,
increased overall health, and
independence for individuals who
prefer not to or are unable to drive.
Additionally, pedestrian and bicycle
improvements benefit local economies
by increasing activity that supports
street-level retail.
B. The Pedestrian Catchment Area
The majority of commenters
supported FTA’s proposal to create a de
facto public transportation stop or
E:\FR\FM\19AUN1.SGM
19AUN1
jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
station radius of one-half mile for
purposes of determining whether a
pedestrian improvement has a physical
or functional relationship to public
transportation. Additionally, the
majority of commenters supported
FTA’s proposal to make pedestrian
improvements beyond this threshold
eligible for FTA funding if the
improvement is within the distance that
people could be expected to safely and
conveniently walk to use the particular
stop or station.
Some commenters suggested that FTA
should expand the pedestrian
catchment radius to encompass more
than one-half mile. Some commenters
suggested that FTA use a one mile
pedestrian catchment area or a two mile
pedestrian catchment area. To support
the expansion of the pedestrian
catchment area, the majority of these
commenters made general statements
that some studies indicate pedestrians
travel at speeds of three miles per hour,
and consequently, pedestrians can cover
more distance than one-half mile during
a fifteen minute walk. Some
commenters also made general
statements that some studies indicate
the majority of pedestrians are willing to
walk more than one-half mile to reach
a public transportation stop or station.
Some commenters expressed concerns
with FTA’s proposed use of a de facto
‘‘radial distance’’ from a public
transportation stop or station to measure
whether a pedestrian improvement has
a physical or functional relationship to
the stop or station. These commenters
suggested that FTA use a ‘‘street
network radius’’ whereby FTA would
measure one-half mile of actual street
walking, while considering factors such
as density, weather patterns, and
physical obstructions surrounding stops
and stations, to determine the eligibility
of a pedestrian improvement. These
commenters asserted that the
determination of whether a physical or
functional relationship exists varies
greatly under the widely divergent
circumstances of a local transportation
system, and that the relationship should
not be mileage-based, but rather, it
should be based on a case-by-case
analysis.
FTA Response: FTA appreciates the
support for the creation of the de facto
one-half mile pedestrian catchment area
and for its proposal to make pedestrian
improvements beyond the one-half mile
threshold eligible for FTA funding if the
improvement is within the distance that
people could be expected to safely and
conveniently walk to use the particular
stop or station.
For purposes of the Final Policy
Statement, FTA believes that a
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
conservative, one-half mile de facto
catchment area is appropriate. As
discussed above, recent research
indicates that: (1) Pedestrians walk at a
pace of approximately two miles per
hour, and (2) pedestrians generally are
willing to walk approximately fifteen
minutes to reach a public transportation
stop or station.19 Accordingly,
pedestrians generally are able to walk a
distance of approximately one-half mile
during a fifteen minute walk at a two
mile per hour pace. Based on this
information, FTA hereby establishes a
one-half mile de facto pedestrian
catchment area. This de facto catchment
area will simplify the process of
determining whether a pedestrian
improvement is eligible for FTA
funding. Moreover, FTA will measure
one-half mile using a ‘‘radial distance’’
because the radial method further
simplifies these determinations.
FTA notes that the majority of the
commenters who proposed a catchment
area beyond one-half mile did not offer
citations to specific studies which lend
support to their proposals.
Notwithstanding this fact, FTA
acknowledges that, in some localities,
pedestrians are willing to spend up to
thirty minutes walking to a public
transportation stop or station.20 FTA
supports investments in pedestrian
projects beyond the de facto catchment
area. Therefore, FTA hereby makes
eligible for funding pedestrian
improvements beyond the one-half mile
catchment area if the improvement is
within the distance that people could be
expected to safely and conveniently
walk to use the particular stop or
station. This policy will allow
investments in pedestrian
improvements well beyond the one-half
mile catchment area, and it will account
for the variety of factors in any given
locality that may impact an individual’s
ability to reach a public transportation
stop or station by walking.
C. The Bicycle Catchment Area
The majority of commenters
supported FTA’s proposal to create a de
facto public transportation stop or
station radius of three miles for
purposes of determining whether a
bicycle improvement has a physical or
functional relationship to public
19 Schlossberg, M. et al., How Far, By Which
Route, and Why? A Spatial Analysis of Pedestrian
Reference, Mineta Transportation Institute, June
2007. See L.M. Besser and A.L. Dannenberg,
Walking to Public Transit: Steps to Help Meet
Physical Activity Recommendations, Am. J. Prev.
Med., November 2005, at 273.
20 See L.M. Besser and A.L. Dannenberg, Walking
to Public Transit: Steps to Help Meet Physical
Activity Recommendations, Am. J. Prev. Med.,
November 2005, at 273.
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
52049
transportation. Additionally, the
majority of commenters supported
FTA’s proposal to make bicycle
improvements beyond this threshold
eligible for FTA funding if the
improvement is within the distance that
people could be expected to safely and
conveniently bike to use the particular
stop or station.
Some commenters suggested that FTA
should expand the bicycle catchment
radius to encompass more than three
miles. Some commenters suggested that
FTA use a four mile, a five mile, or a
six mile bicycle catchment area. The
majority of these commenters did not
offer a rationale for these suggestions.
However, some commenters referred to
various studies which indicate that
bicyclists travel at average speeds of
twelve to fifteen miles per hour, and
they therefore can cover more distance
than three miles during a fifteen minute
bicycle ride.
Some commenters expressed concerns
with FTA’s proposed use of a de facto
radial distance from a public
transportation stop or station to measure
whether a bicycle improvement has a
physical or functional relationship to
the stop or station. These commenters
suggested that FTA use a ‘‘street
network radius’’ whereby FTA would
measure three miles of actual bicycling
while considering factors such as
density, weather patterns, and physical
obstructions surrounding stops and
stations, to determine the eligibility of a
bicycle improvement. These
commenters asserted that the
determination of whether a physical or
functional relationship exists varies
greatly under the widely divergent
circumstances of a local transportation
system, and that the relationship should
not be mileage-based, but rather, it
should be based on a case-by-case
analysis.
Finally, some commenters suggested,
without rationale, that FTA should limit
bicycle improvements only to areas
where transit-oriented development is
likely.
FTA Response: FTA appreciates the
support for the creation of the de facto
three mile bicycle catchment area. FTA
also appreciates the support for its
proposal to make bicycle improvements
beyond the three mile threshold eligible
for FTA funding if the improvement is
within the distance that people could be
expected to safely and conveniently
bike to use the particular stop or station.
For purposes of the Final Policy
Statement, FTA believes that a
conservative, three mile de facto
catchment area is appropriate. As
discussed above, recent research
indicates that: (1) Bicyclists can ride at
E:\FR\FM\19AUN1.SGM
19AUN1
52050
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
a pace of approximately ten miles per
hour in almost any environment, and (2)
bicyclists generally are willing to bike at
least fifteen minutes to reach a public
transportation stop or station.21
Accordingly, bicyclists can cover at
least three miles during a fifteen minute
bicycle ride at a pace of ten miles per
hour. Consequently, FTA hereby
establishes a three mile de facto bicycle
catchment area. This de facto catchment
area will simplify the process of
determining whether a bicycle
improvement is eligible for FTA
funding. Moreover, FTA will measure
three miles using a ‘‘radial distance’’
because the radial method further
simplifies these determinations and
avoids the complex decision-making
that a ‘‘street network radius’’ would
foster.
FTA acknowledges that, in some
circumstances, bicyclists travel at higher
speeds may be willing to spend more
than fifteen minutes biking to a public
transportation stop or station. FTA
supports investments in bicycle projects
beyond the de facto catchment area.
Therefore, FTA hereby makes eligible
for funding bicycle improvements
beyond the three mile catchment area if
the improvement is within the distance
that people could be expected to safely
and conveniently bike to use the
particular stop or station. This policy
will allow investments in bicycle
improvements well beyond the three
mile catchment area, and it will account
for the variety of factors in any given
locality that may impact an individual’s
ability to reach a public transportation
stop or station by biking.
D. Funding Issues
In light of FTA’s Proposed Policy
Statement, numerous commenters
expressed a need for additional Federal
funding for pedestrian and bicycle
improvements. Some commenters
expressed a need for increased Federal
funding for (1) capital projects, (2) the
Surface Transportation Program, and (3)
the CMAQ Program. These commenters
asserted that, through the increased
funding, local communities could
implement livability initiatives, create
jobs, and maintain pedestrian and
bicycle projects in a state of good repair.
Some commenters suggested that
Congress should establish a dedicated
funding source for pedestrian and
bicycle projects, such as a formula
funding program. These commenters
21 League of American Bicyclists. Retrieved From:
https://www.bikeleague.org/resources/better/
commuters.php. See Kevin J. Krizek, Ann Forsyth
and Laura Baum, Walking and Cycling International
Literature Review, Victoria Department of
Transport, 2009, at 18.
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
asserted that, through a formula funding
program, recipients of Federal
transportation funds would not have to
weigh the needs of competing projects
when making local planning decisions.
Other commenters suggested that
Congress should provide a short-term
operating subsidy to FTA’s grantees to
support pedestrian and bicycle projects.
Some commenters suggested various
methods of raising revenues to support
increased funding in pedestrian and
bicycle projects. Some commenters
suggested that Congress should raise the
Federal gas tax to raise revenues. Other
commenters suggested that the
Department should encourage road
pricing throughout the United States so
that local governments could finance
pedestrian and bicycle improvements.
FTA Response: FTA supports
additional funding for pedestrian and
bicycle improvements. Indeed, recent
research indicates a significant disparity
between the percentage of pedestrian
and bicycle trips in the United States
and the amount of Federal
transportation funding for those trips.
Approximately 10 percent of all trips
are by foot or by bicycle nationwide,
however, these modes receive only 1
percent of the total amount of
transportation funding at the Federal
level.22 To remedy this disparity, FTA
supports the expansion of funding
sources, such as the Surface
Transportation Program and the CMAQ
Program. FTA agrees that, through an
increase in Federal funding, local
communities could implement livability
initiatives, create jobs, and maintain
pedestrian and bicycle projects in a state
of good repair.
FTA notes that a purpose of this Final
Policy Statement is to provide flexibility
to recipients of Federal funds so that
they can use those funds when
alternative funding sources are
insufficient to support pedestrian and
bicycle projects. These planning and
funding decisions take place at the local
level, and the burden is on transit
agencies and project sponsors to
coordinate and identify funding
priorities.
Finally, in response to comments that
Congress should raise the Federal gas
tax or that the Department should
encourage road pricing to support
funding for pedestrian and bicycle
improvements, FTA notes that Congress
is in the process of developing a surface
transportation reauthorization bill. That
bill will establish surface transportation
priorities and funding sources to
22 Alliance
for Biking and Walking, Bicycling and
Walking in the United States: 2010 Benchmarking
Report, 2010, at 16, 78.
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
support those priorities. FTA is
currently working with Congress in an
effort to develop these priorities and
identify potential funding sources for
the next reauthorization legislation.
E. FTA’s Capital Investment Grants
Program
Many commenters identified potential
issues with the Proposed Policy
Statement as it relates to FTA’s Capital
Investment Grants Program at 49 U.S.C.
5309, commonly referred to as FTA’s
‘‘New Starts’’ Program. These
commenters expressed concerns with
FTA’s method of calculating the costeffectiveness of a New Starts project.
These commenters asserted that an
investment in a pedestrian or bicycle
component of a New Starts project
would increase capital costs and thereby
potentially decrease the project’s costeffectiveness. These commenters
suggested that FTA re-evaluate its
method for calculating costeffectiveness so that project sponsors
may capture the benefits of a pedestrian
or bicycle project—such as decreased
carbon emissions—and account for the
return that applicants would receive on
their investment.
FTA Response: FTA appreciates the
comments that it received on the
relationship between the Proposed
Policy Statement and the New Starts
program. FTA acknowledges that major
capital projects, such as those funded by
the New Starts program, benefit from
pedestrian and bicycle improvements
and that, historically, these
improvements may have adversely
affected the ability for a project to
remain cost effective.
For this reason and others, FTA has
revisited its New Starts evaluation
criteria. On June 3, 2010, FTA issued an
Advanced Notice of Proposed
Rulemaking which sought public
comments regarding its New Starts and
Small Starts project justification
criteria.23 In particular, FTA sought
public input on how to improve its
calculation of ‘‘cost effectiveness’’ and
whether FTA should measure
quantifiable benefits other than reduced
travel time. Additionally, FTA sought
public comments on how it should
evaluate environmental benefits and
economic development effects. FTA
intends to issue a Notice of Proposed
Rulemaking on this subject in the near
future.
23 Federal Transit Administration, Advance
Notice of Proposed Rulemaking, Request for
Comments on Major Capital Investment Projects, 75
FR 31383 (June 3, 2010).
E:\FR\FM\19AUN1.SGM
19AUN1
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
F. Access to Public Transportation for
Individuals With Disabilities
Many commenters expressed support
for FTA’s Proposed Policy Statement
because they believed that, through
pedestrian and bicycle improvements,
individuals with disabilities will have
better access to public transportation
stops and stations. These commenters
believed that the Proposed Policy
Statement is an excellent ‘‘complete
streets’’ initiative.
Some commenters believed one of the
benefits of the Proposed Policy
Statement is that, with increased
pedestrian and bicycle improvements,
there will be a decreased need for
paratransit service because public
transportation stops and stations will
become more accessible. They also
noted that pedestrian and bicycle
improvements are significantly less
costly than paratransit service.
Several commenters questioned
whether the Proposed Policy Statement
would impact any interpretation of the
Americans with Disabilities Act.
FTA Response: FTA appreciates the
comments that it received regarding the
relationship between this Final Policy
Statement and access to public
transportation for individuals with
disabilities. FTA agrees that, through
pedestrian and bicycle improvements,
individuals with disabilities will have
better access to public transportation
stops and stations. One of the purposes
of this Final Policy Statement is to make
fixed-route public transportation
available and accessible to the largest
number of individuals possible. Indeed,
pedestrian and bicycle improvements
will improve access to public
transportation for all users, including
individuals with disabilities.
FTA notes that this Final Policy
Statement will not impact any
interpretation of the Americans with
Disabilities Act.
jlentini on DSK4TPTVN1PROD with NOTICES
G. Eligible Activities
Several commenters expressed
support for FTA’s Proposed Policy
Statement because, through the Policy
Statement, FTA makes ‘‘all’’ pedestrian
and bicycle improvements within the
one-half mile radius and three mile
radius eligible for Federal funding.
Other commenters requested that FTA
define the pedestrian and bicycle
improvements that would be eligible for
Federal funding under the Proposed
Policy Statement. These commenters
suggested that eligible activities should
include bicycle parking and bicycle
stations with storage rooms, bicycle
lockers, changing rooms, and space for
bicycle repair and rental shops.
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
FTA Response: FTA appreciates the
comments that it received regarding
eligible activities. Indeed, as discussed
in detail above and as indicated in the
Final Policy below, ‘‘[A]ll pedestrian
improvements located within one-half
mile and all bicycle improvements
located within three miles of a public
transportation stop or station shall have
a de facto physical and functional
relationship to public transportation.’’
More specifically, as discussed above,
most grant programs administered by
FTA may be used to fund the design,
construction, and maintenance of
pedestrian and bicycle projects that
enhance or are related to public
transportation facilities. Improvements
made expressly eligible by statute
include capital projects such as
pedestrian and bicycle access to a
public transportation facility,24 and
transit enhancements such as pedestrian
access, walkways, and bicycle access,
including bicycle storage facilities and
equipment for transporting bicycles on
public transportation vehicles.25
Additionally, certain funding programs
administered by FHWA, including the
Surface Transportation Program and the
CMAQ Program, may be used for public
transportation purposes. Once
transferred to FTA for a public
transportation purpose, these ‘‘flexible’’
funds are administered as FTA funds
and take on all the eligibility and
requirements of the FTA program to
which they are transferred, except for
the Federal share, which remains that
required under the FHWA program.
FTA grantees may use any of the
following programs to fund capital
projects for pedestrian and bicycle
access to a public transportation facility:
Section 5307 Urbanized Area
Formula Program;
Section 5309 New Starts and Small
Starts Major Capital Investment
Programs;
Section 5309 Fixed Guideway
Modernization Program;
Section 5309 Bus and Bus Facilities
Discretionary Program;
Section 5310 Elderly Individuals
and Individuals with Disabilities
Formula Program;
Section 5311 Non-Urbanized Area
Formula Program;
Section 5311 Public Transportation
on Indian Reservations;
Section 5316 Job Access and Reverse
Commute Formula Program;
Section 5317 New Freedom
Program; and
24 49
25 49
PO 00000
U.S.C. 5302(a)(1)(g).
U.S.C. 5302(a)(15)(f).
Frm 00120
Fmt 4703
Sfmt 4703
52051
Section 5320 Paul S. Sarbanes
Alternative Transportation in Parks and
Public Lands.
Pursuant to 49 U.S.C. 5302(a)(1)(G), the
term ‘‘capital project’’ means, among
other things, ‘‘a public transportation
improvement that enhances economic
development or incorporates private
investment, including * * * pedestrian
and bicycle access to a [public]
transportation facility.’’ This eligibility
is not without restrictions. Pedestrian
and bicycle projects made eligible under
the definition of ‘‘capital project’’ must
satisfy additional statutory criteria,
including requirements to enhance
economic development or incorporate
private investment; to enhance the
effectiveness of public transportation
project and relate physically or
functionally to that project, or to
establish new or enhanced coordination
between public transportation and other
transportation; and to provide a fair
share of revenue for public
transportation.
Finally, one percent of Urbanized
Area Formula program funds
apportioned to urbanized areas with
populations of at least 200,000 are set
aside for transit enhancements. Eligible
transit enhancement projects include
pedestrian access and walkways, and
bicycle access, including bicycle storage
facilities and installing equipment for
transporting bicycles on public
transportation vehicles. As an added
incentive, the Federal share of transit
enhancement grants covers 90 percent
of the cost of the project. If the project
involves providing bicycle access to
public transportation, the grant or
portion of that grant may be at a Federal
share of 95 percent.
H. Bicycle Sharing Programs
Several commenters expressed a hope
that FTA would eventually expand
funding eligibility to include bicycle
sharing initiatives. These commenters
believed that bicycle sharing systems
assist commuters with the ‘‘first and last
mile’’ problem by linking them to public
transportation during the beginning and
ending of their commutes.
FTA Response: FTA agrees that
bicycle sharing systems provide
meaningful access to public
transportation and help address the
problem of the ‘‘first and last mile.’’
Moreover, bicycle sharing programs,
like all forms of active transportation,
provide numerous benefits, such as
reduced carbon emissions and improved
public health.
Federal Transit Law limits the use of
FTA funds for ‘‘public transportation.’’
Historically, FTA has not included
‘‘bicycle’’ within the definition of
E:\FR\FM\19AUN1.SGM
19AUN1
52052
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
‘‘public transportation.’’ Therefore,
while a grantee may use FTA funds to
purchase aspects of a bicycle sharing
system if those aspects are located near
public transportation stops and stations,
an FTA grantee may not use FTA funds
to purchase bicycles, regardless of
whether those bicycles comply with
Federal Buy America requirements.
I. Planning Issues
Several commenters highlighted the
need for transit agencies to work
collaboratively with local stakeholders
when planning pedestrian and bicycle
improvements.
FTA Response: FTA and FHWA
require coordinated planning efforts and
public involvement for project
development.26 FTA requires grantees
to work collaboratively with local
stakeholders when planning pedestrian
and bicycle improvements.
J. Safety Concerns
Several commenters expressed a
general concern that pedestrians and
bicyclists should be safe during their
commutes.
FTA Response: FTA agrees that
pedestrians and bicyclists should be
safe during their commutes, and FTA
expects its grantees to consider the
safety of pedestrians and bicyclists at all
times. This Final Policy Statement,
however, is limited to identifying the
eligibility of capital projects and transit
enhancements.
K. Bicycle Improvements in Rural Areas
One commenter hoped that the
Proposed Policy Statement will foster
the development of bicycle lanes in
rural areas so that commuters have
better access to public transportation.
FTA Response: FTA promotes the use
of public transportation in both urban
and rural areas. Consequently, through
this Final Policy Statement, FTA hopes
to encourage the development of bicycle
lanes in rural areas.
jlentini on DSK4TPTVN1PROD with NOTICES
L. Research Issues
One commenter suggested that FTA
compile and present a series of ‘‘best
practices’’ for grantees that intend to
develop and implement pedestrian and
bicycle projects.
FTA Response: FTA is exploring
research programs that will support the
objectives of this Final Policy
Statement. FTA looks forward to
working with stakeholders and industry
partners to collect information regarding
pedestrian and bicycle connections to
public transportation systems.
26 23
CFR 450.210, 771.111 (2010).
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
M. Public Health Issues
One commenter highlighted potential
public health benefits associated with
the pedestrian and bicycle catchment
areas. This commenter suggested that
FTA should require consideration of
health benefits when determining
catchment areas.
FTA Response: FTA appreciates
comments regarding the public health
benefits related to pedestrian and
bicycle improvements. Indeed, there are
numerous public health benefits
associated with walking and biking,
such as a decreased risk of obesity,
diabetes, heart disease, and high blood
pressure, and reduced overall
depression and anxiety.27 The Centers
for Disease Control and Prevention have
noted that, to increase overall public
health, communities should ‘‘[b]uild
good pedestrian and bicycle
infrastructure, including sidewalks and
bike paths.’’ 28 Additionally, by walking
or biking to or from public
transportation, individuals reduce
overall carbon emissions.
N. Carpooling and Ridesharing
Initiatives
One commenter urged FTA to
consider expanding the scope of eligible
activities to include carpooling and
ridesharing initiatives.
FTA Response: FTA recognizes that
carpooling and ridesharing initiatives
provide a viable solution to many
transportation challenges. Although
FTA encourages carpooling or
ridesharing, this Final Policy Statement
focuses on providing pedestrians and
bicyclists with greater access to public
transportation.
O. The HUD-DOT-EPA Partnership for
Sustainable Communities
One commenter suggested that the
United States Department of Housing
and Urban Development (HUD), the
United States Environmental Protection
Agency (EPA), and FHWA should make
funds available for pedestrian and
bicycle improvements.
FTA Response: DOT and FTA are
strongly committed to the HUD-DOTEPA Partnership for Sustainable
Communities. Together, these agencies
are working to promote livable
communities.
27 National Center for Bicycling and Walking,
Increasing Physical Activity Through Community
Design, June 2010; Smart Growth for America,
Measuring the Health Effects of Sprawl, September
2003;
28 Centers for Disease Control and Prevention,
Healthy Community Design Fact Sheet, June 2008.
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
P. Park-and-Ride Lots
Several commenters expressed a
preference for investments in pedestrian
and bicycle improvements over
investments in park-and-ride lots. These
commenters believed that investments
in pedestrian and bicycle projects are
more effective tools of promoting
livability.
FTA Response: FTA agrees with these
comments. Pedestrian and bicycle
projects have many advantages over
park-and-ride lots. Unlike motor
vehicles, pedestrian and bicycle
improvements allow individuals to
access public transportation without the
costs and negative health effects of
motor vehicle travel.
Q. Continuing Control Issues
Several commenters expressed
concerns with potential continuing
control issues. By expanding pedestrian
and bicycle catchment areas, project
sponsors may create access routes on
property that is outside the control of
the transit agency. One commenter
suggested that, in these scenarios, FTA
should require the transit agency to
execute a subgrantee agreement with the
locality to address potential continuing
control issues.
FTA Response: FTA agrees that
continuing control issues may arise
through the expansion of pedestrian and
bicycle catchment areas. For example, a
grantee may expand pedestrian and
bicycle catchment areas on real estate
that is under the control of a locality.
Pursuant to Section 19 of FTA’s
Master Agreement, a grantee ‘‘agrees to
maintain continuing control of the use
of Project property to the extent
satisfactory to FTA.’’ FTA believes that,
in scenarios such as the one described
above, a subgrantee agreement may be
necessary to ensure the grantee has a
degree of continuing control over real
estate that is subject to an FTA
investment.
R. Miscellaneous Comments
Two commenters noted a spelling
error in the following sentence in the
Preamble of the Proposed Policy
Statement: ‘‘Walking, bicycling, and
public transportation are
complimentary.’’ 29 These commenters
noted that the word ‘‘complimentary’’
should be spelled ‘‘complementary.’’
FTA Response: FTA thanks these
commenters for noting the spelling and
grammatical error. FTA has changed the
word ‘‘complimentary’’ to
29 Federal Transit Administration, Proposed
Policy Statement on the Eligibility of Pedestrian
and Bicycle Improvements under Federal Transit
Law, 74 FR 58679 (Nov. 13, 2009).
E:\FR\FM\19AUN1.SGM
19AUN1
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
‘‘complementary’’ in the Preamble of
this Final Policy Statement.
One commenter suggested that FTA
should require recipients of Federal
funds for pedestrian and bicycle
improvements to certify that the projects
will increase public transportation
ridership as a result of the Federal
investments.
FTA Response: The purpose of this
Policy Statement is to improve access to
public transportation stops and stations
by simplifying the process for
determining whether the improvements
have a physical or functional
relationship to public transportation.
FTA grantees will not need to certify
ridership figures for projects within the
one-half mile walk shed and three mile
bike shed set forth in this Policy
Statement. Research indicates that
improved access to a stop or station
typically results in higher ridership. For
improvements beyond these distances, a
study indicating the likelihood of
increased ridership would be a valid
justification for the improvement.
VII. Statement of Policy
jlentini on DSK4TPTVN1PROD with NOTICES
A. Background
In accordance with the goals,
principles, and legal authority outlined
in this notice, FTA encourages the use
of its funds for pedestrian and bicycle
amenities that expand the catchment
area and utility of public transportation
stops and stations. Therefore, FTA
hereby establishes threshold catchment
areas of one-half mile for pedestrian
improvements and three miles for
bicycle improvements near public
transportation stops and stations.
A key requirement for determining
the eligibility of a pedestrian or bicycle
improvement is whether it has a
functional relationship to a public
transportation facility. FTA grantees can
benefit from FTA determining the
typical distances pedestrians and
bicyclists can be expected to travel to
access a public transportation stop or
station. The purpose of this Policy
Statement is to propose a radius around
a public transportation stop or station
within which FTA will consider
pedestrian and bicycle improvements to
have a de facto functional relationship
to public transportation.
FTA’s existing guidance on the
eligibility of joint development
improvements serves as the foundation
for this proposed policy. According to
that guidance, ‘‘the functional
relationship test of activity and use
permits the use of FTA funds for joint
development improvements [including
pedestrian and bicycle improvements]
located outside the structural envelope
VerDate Mar<15>2010
18:32 Aug 18, 2011
Jkt 223001
of a public transportation project, and
may extend across an intervening street,
major thoroughfare or unrelated
property, [but] should not extend
beyond the distance most people can be
expected to safely and conveniently
walk to use the transit service.’’ 30
Relying on this guidance, in most
circumstances FTA has considered
pedestrian improvements within
approximately 1,500 feet of a public
transportation stop or station to be
functionally related. Improvements
beyond a 1,500 foot radius were
considered functionally related to
public transportation only if they
satisfied a test of activity and use.
The distance stated in FTA’s existing
guidance is too short. ‘‘While distance is
very important for pedestrians, on
average they will walk further than the
anecdotal rule of thumb of 400 meters
used in many planning applications.’’ 31
Research indicates that pedestrians are
willing to walk at least one-half mile to
train stations or other forms of reliable
public transportation when the
environment surrounding the station is
safe and well-designed.32 A pedestrian
may travel a distance of one-half mile
during fifteen minutes at a pace of two
miles per hour. A one-half mile
catchment area is a conservative
estimate of the distance a pedestrian is
willing to travel to a public
transportation stop or station. FTA has
reason to believe that pedestrians are
willing to spend more than fifteen
minutes walking to public
transportation stops and stations: A
study published in the American
Journal of Preventative Medicine
concluded that Americans who use
public transportation spend a median of
nineteen minutes daily walking to and
from public transportation; and people
in high-density urban areas were more
likely to spend approximately thirty
minutes walking to and from public
transportation daily.33
Applying the same timeframes to
bicyclists yields at least a three mile
catchment area. Bicycle paths may
extend further than pedestrian
walkways and still be functionally
30 FTA guidance on the Eligibility of Joint
Development Improvements under Federal Transit
Law, 72 FR 5790 (Feb. 7, 2007).
31 Kevin J. Krizek, Ann Forsyth and Laura Baum,
Walking and Cycling International Literature
Review, Victoria Department of Transport, 2009, at
29.
32 Schlossberg, M. et al. How Far, By Which
Route, and Why? A Spatial Analysis of Pedestrian
Reference, Mineta Transportation Institute, June
2007.
33 L.M. Besser and A.L. Dannenberg, Walking to
Public Transit: Steps to Help Meet Physical Activity
Recommendations, Am. J. Prev. Med., November
2005, at 273.
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
52053
related to public transportation because
‘‘bicyclists are willing to travel much
longer distances than pedestrians,
largely due to higher average speeds
attainable by bicycle.’’ 34 Inasmuch as
the average bicycle commuter travels at
ten miles per hour,35 FTA proposes a
bicycle catchment area of three miles
from public transportation stops and
stations. The three mile catchment area
equals the distance the average bicyclist
could travel in fifteen minutes time.
B. Final Policy
For purposes of determining whether
a pedestrian or bicycle improvement has
a physical or functional relationship to
public transportation, regardless of
whether it is funded as a capital project
or public transportation enhancement,
all pedestrian improvements located
within one-half mile and all bicycle
improvements located within three
miles of a public transportation stop or
station shall have a de facto physical
and functional relationship to public
transportation. Pedestrian and bicycle
improvements beyond these threshold
distances may be eligible for FTA
funding if the improvement is within
the distance that people could be
expected to safely and conveniently
walk or bicycle to use that particular
transit stop or station.
Issued this 15th day of August, 2011.
Peter M. Rogoff,
Administrator, Federal Transit
Administration.
[FR Doc. 2011–21273 Filed 8–18–11; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Notice of Applications for Modification
of Special Permit
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of Applications for
Modification of Special Permits.
AGENCY:
In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, subpart
SUMMARY:
34 Kevin J. Krizek, Ann Forsyth and Laura Baum,
Walking and Cycling International Literature
Review, Victoria Department of Transport, 2009, at
18.
35 League of American Bicyclists. Retrieved From:
https://www.bikeleague.org/resources/better/
commuters.php.
E:\FR\FM\19AUN1.SGM
19AUN1
]]>Agencies
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 52046-52053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21273]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No: FTA-2009-0052]
Final Policy Statement on the Eligibility of Pedestrian and
Bicycle Improvements Under Federal Transit Law
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Final policy statement.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) hereby establishes a
formal policy on the eligibility of pedestrian and bicycle improvements
for FTA funding and defines the catchment area for pedestrians and
bicyclists in relation to public transportation stops and stations.
DATES: Effective Date: The effective date of this final policy
statement is August 19, 2011.
ADDRESSES: Availability of the Final Policy Statement and Comments: One
may access this final policy statement, the proposed policy statement,
and public comments on the proposed policy statement at docket number
FTA-2009-0052. For access to the docket, please visit https://www.regulations.gov or the Docket Operations office located in the West
Building of the United States Department of Transportation, Room W12-
140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m.
and 5 p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jayme L. Blakesley at
jayme.blakesley@dot.gov or Matthew Lesh at matthew.lesh@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The purpose of this notice is to simplify the process for
determining whether a pedestrian or bicycle improvement qualifies for
FTA funding by defining a radius around a public transportation stop or
station within which FTA will consider pedestrian and bicycle
improvements to have a de facto functional relationship to public
transportation. For the reasons outlined in this Policy Statement, and
for purposes of determining whether a pedestrian or bicycle improvement
has a physical or functional relationship to public transportation, all
pedestrian improvements located within one-half mile and all bicycle
improvements located within three miles of a public transportation stop
or station shall have a de facto physical and functional relationship
to public transportation. Pedestrian and bicycle improvements beyond
these distances may be eligible for FTA funding by demonstrating that
the improvement is within the distance that people will travel by foot
or by bicycle to use a particular stop or station.
II. Background
Walking, bicycling, and public transportation are complementary
modes of transportation: many people access public transportation by
walking a short distance; others arrive by bicycle. The success of
public transportation can often be limited by poor ``first and last
mile'' access to the system. Further, safe walking and bicycling access
can be important inducements to using public transportation. Thus, it
is essential to develop safe, secure, and appropriate pedestrian and
bicycle infrastructure if the users of public transportation are to
[[Page 52047]]
have safe, convenient, and practical access routes to, as well as
appropriate amenities to enhance the utility of, public transportation
systems across the country.
Adequate sidewalks, pathways, and roadway crossings in the area
around public transportation access points and amenities such as
benches, shelters, and lighting at stops and stations are important for
pedestrian comfort and safety. The most successful and useful public
transportation systems have safe and convenient pedestrian access and
provide comfortable waiting areas, all of which encourage greater
use.\1\ Well-connected sidewalks should be installed in all areas with
regular public transportation service so that public transportation
patrons will not be forced to walk in the street while traveling to or
from a stop or station. Additionally, roadway crossings should be made
safer with an appropriate combination of facilities, such as marked
crosswalks, median crossing islands, warning signs, and pedestrian
signals.\2\
---------------------------------------------------------------------------
\1\ Pedestrian Safety Guide for Transit Agencies, Federal
Highway Administration, United States Department of Transportation,
February 2008.
\2\ Pedestrian Safety Guide for Transit Agencies, Federal
Highway Administration, United States Department of Transportation,
February 2008.
---------------------------------------------------------------------------
Distances beyond the ``walkshed'' of public transportation stops
and stations may, in fact, be within the range of a short bicycle trip.
Indeed, as one author stated, ``[bicycles] are the perfect
transportation choice for a short one- to three-mile trip to and from a
transit station.'' \3\ Providing secure parking and other amenities for
bicycles and cyclists at public transportation stops or stations can be
less expensive than providing parking for automobiles. Access to public
transportation allows bicyclists the opportunity to make longer trips.
Further, where physical conditions prevent a continuous bicycle trip,
public transportation can provide a link to previously inaccessible
destinations.
---------------------------------------------------------------------------
\3\ Andrea White-Kjoss, Building Multimodal Transit Facilities:
The One Clear Step toward the New Transportation Paradigm, Mass
Transit, July/August 2009, at 36-37.
---------------------------------------------------------------------------
A community's design, including the layout of the roads, public
transportation systems, and walkways, has a huge impact on its
residents. A ``livable community'' may promote quality of life,
economic development, and social equity. As Secretary of Transportation
Ray LaHood noted, a ``livable community'' is ``a community where if
people don't want an automobile, they don't have to have one; a
community where you can walk to work, your doctor's appointment,
pharmacy or grocery store. Or you could take light rail, a bus, or ride
a bike.'' \4\ As the Secretary further described, ``livable communities
are mixed-use neighborhoods with highly-connected streets promoting
mobility for all users, whether they are children walking or biking to
school or commuters riding transit or driving motor vehicles. Benefits
include improved traffic flow, shorter trip lengths, safer streets for
pedestrians and cyclists, lower greenhouse gas emissions, reduced
dependence on fossil fuels, increased trip-chaining, and independence
for those who prefer not to or are unable to drive. In addition,
investing in a `complete street' concept stimulates private-sector
economic activity by increasing the viability of street-level retail
small businesses and professional services, creating housing
opportunities and extending the usefulness of school and transit
facilities.'' \5\ As one leading scholar noted, ``Pedestrian and
bicycle traffic use fewer resources and affect the environment less
than any other form of transport.'' \6\ If we are to create livable
communities, ``the range of transportation choices available to all
Americans--including transit, walking, bicycling, and improved
connectivity for various modes--must be expanded.'' \7\
---------------------------------------------------------------------------
\4\ Christie Findlay, Living in a Post-Car World, AARP Bulletin,
October 1, 2009.
\5\ Statement of Ray LaHood, Secretary of Transportation, before
the Committee on Banking, Housing, and Urban Affairs, United States
Senate Hearing on Greener Communities, Greater Opportunities: New
Ideas for Sustainable Development and Economic Growth (June 16,
2009).
\6\ Jan Gehl, Cities for People 105 (2010).
\7\ Statement of Ray LaHood, Secretary of Transportation, before
the Committee on Banking, Housing, and Urban Affairs, U.S. Senate
Hearing on Greener Communities, Greater Opportunities: New Ideas for
Sustainable Development and Economic Growth (June 16, 2009).
---------------------------------------------------------------------------
III. United States Department of Transportation Policy
On March 15, 2010, the United States Department of Transportation
(DOT or the Department) issued a Policy Statement on Bicycle and
Pedestrian Accommodations.\8\ The statement expressed ``support for * *
* the establishment of well-connected walking and bicycling networks''
and recommended actions to encourage active transportation networks.
According to the Policy Statement, ``walking and bicycling foster
safer, more livable, family-friendly communities; promote physical
activity and health; and reduce vehicle emissions and fuel use.'' The
Department's policy is ``to incorporate safe and convenient walking and
bicycling facilities into transportation projects.''
---------------------------------------------------------------------------
\8\ United States Department of Transportation, Policy Statement
on Bicycle and Pedestrian Accommodation Regulations and
Recommendations, March 15, 2010, available at https://www.dot.gov/affairs/2010/bicycle-ped.html.
---------------------------------------------------------------------------
IV. Planning Requirements
The joint planning regulations of FTA and the Federal Highway
Administration (FHWA) require States and metropolitan planning
organizations to integrate pedestrian and bicycle facilities into all
transportation plans and improvement programs. Pedestrians and
bicyclists must be provided with a reasonable opportunity to comment on
long-range statewide transportation plans and metropolitan
transportation master plans.\9\
---------------------------------------------------------------------------
\9\ Federal Transit Law, Title 49, Chapter 53, United States
Code, encourages states and metropolitan areas to develop innovative
transportation plans and programs which better integrate public
transportation, bicycle facilities, pedestrian walkways, and other
modes of travel into the existing transportation system. To this
end, the statewide transportation plan and the transportation
improvement program developed for each state must ``provide for the
development and integrated management and operation of
transportation systems and facilities (including accessible
pedestrian walkways and bicycle transportation facilities) that will
function as an intermodal transportation system.'' 49 U.S.C.
5304(a)(2). Similarly, the plans and transportation improvement
programs (TIP) of all metropolitan areas must ``provide for the
integrated management and operation of transportation systems and
facilities (including accessible pedestrian walkways and bicycle
transportation facilities).'' 49 U.S.C. 5303(c)(2). Moreover, when
preparing long-range statewide transportation plans and
transportation master plan, each state and metropolitan planning
organization (MPO) must provide a reasonable opportunity to comment
to the ``representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities,'' among others. 49 U.S.C. 5303(i)(5) and
5304(f)(3).
---------------------------------------------------------------------------
V. Eligibility of Pedestrian and Bicycle Improvements for FTA Funding
Most grant programs administered by FTA may be used to fund the
design, construction, and maintenance of pedestrian and bicycle
projects that enhance or are related to public transportation
facilities. Improvements made expressly eligible by statute include
capital projects like pedestrian and bicycle access to a public
transportation facility;\10\ and transit enhancements like pedestrian
access, walkways, and bicycle access, including bicycle storage
facilities and equipment for transporting bicycles on public
transportation vehicles.\11\ Additionally, certain funding programs
administered by FHWA, including the Surface Transportation Program
(STP) and the
[[Page 52048]]
Congestion Mitigation and Air Quality (CMAQ) Program, may be used for
public transportation purposes. Once transferred to FTA for a public
transportation purpose, these ``flexible'' funds are administered as
FTA funds and take on all the eligibility and requirements of the FTA
program to which they are transferred, except for the Federal share,
which remains that required under the FHWA program.\12\ The following
is a description of the eligibility requirements for pedestrian and
bicycle improvements under Federal Transit Law.
---------------------------------------------------------------------------
\10\ 49 U.S.C. 5302(a)(1)(g).
\11\ 49 U.S.C. 5302(a)(15)(f).
\12\ 49 U.S.C. 5334(i).
---------------------------------------------------------------------------
A. Capital Projects
An FTA grantee may use any of the following programs under Title
49, Chapter 53, of the United States Code to fund capital projects for
pedestrian and bicycle access to a public transportation facility:
Section 5307 Urbanized Area Formula Program;
Section 5309 New Starts and Small Starts Major Capital Investment
Programs;
Section 5309 Fixed Guideway Modernization Program;
Section 5309 Bus and Bus Facilities Discretionary Program;
Section 5310 Elderly Individuals and Individuals with Disabilities
Formula Program;
Section 5311 Non-Urbanized Area Formula Program;
Section 5311 Public Transportation on Indian Reservations;
Section 5316 Job Access and Reverse Commute Formula Program;
Section 5317 New Freedom Program; and,
Section 5320 Paul S. Sarbanes Alternative Transportation in Parks
and Public Lands.
Federal Transit Law defines the term ``capital project'' to mean,
among other things, ``a public transportation improvement that enhances
economic development or incorporates private investment, including * *
* pedestrian and bicycle access to a [public] transportation
facility.'' \13\
---------------------------------------------------------------------------
\13\ 49 U.S.C. 5302(a)(1)(G).
---------------------------------------------------------------------------
This eligibility is not without restrictions.\14\ Pedestrian and
bicycle projects made eligible under the definition of ``capital
project'' must satisfy additional statutory criteria, including
requirements to enhance economic development or incorporate private
investment; to enhance the effectiveness of public transportation
project and relate physically or functionally to that project, or to
establish new or enhanced coordination between public transportation
and other transportation; and to provide a fair share of revenue for
public transportation.\15\
---------------------------------------------------------------------------
\14\ Note: The restrictions described in this paragraph do not
apply to projects funded under 49 U.S.C. 5320, Paul S. Sarbanes
Alternative Transportation in Parks and Public Lands. Alternative
transportation expressly includes activities that provide ``a
nonmotorized transportation system (including the provision of
facilities for pedestrians, bicycles, and nonmotorized
watercraft).''
\15\ For more information, see FTA's February 7, 2007 guidance
on the Eligibility of Joint Development Projects under Federal
Transit Law at 72 FR 5788.
---------------------------------------------------------------------------
B. Transit Enhancement Activities
One percent of FTA's Urbanized Area Formula program funds
apportioned to urbanized areas with populations of at least 200,000 are
set aside for transit enhancements. Eligible transit enhancement
projects include pedestrian access and walkways, bicycle access,
bicycle storage facilities, and installing equipment for transporting
bicycles on public transportation vehicles.\16\ As an added incentive,
the Federal share of transit enhancement grants covers 90 percent of
the cost of the project.\17\ If the project involves providing bicycle
access to public transportation, the grant or portion of that grant may
be at a Federal share of 95 percent.\18\
---------------------------------------------------------------------------
\16\ 49 U.S.C. 5302(a)(15).
\17\ 49 U.S.C. 5319.
\18\ 49 U.S.C. 5319.
---------------------------------------------------------------------------
VI. Response to Public Comments
FTA received approximately 159 comments on its Proposed Policy
Statement on the Eligibility of Pedestrian and Bicycle Improvements
under Federal Transit Law. Of those 159 comments, 46 comments were
filed after the January 12, 2010 deadline. Only three of those comments
were filed after January 15, 2010, with the final comment being filed
on March 9, 2010. FTA has considered all comments submitted to the
docket on or before June 1, 2011.
The commenters represent a broad spectrum of stakeholders
throughout the United States, including the New York Metropolitan
Transportation Authority, the Washington Metropolitan Area Transit
Authority, the Seattle Department of Transportation, the City of
Dallas, the Metropolitan Planning Council of Chicago, the Tri-County
Metropolitan Transportation District of Oregon, the Center for Transit-
Oriented Development, the American Public Transportation Association,
the United States Environmental Protection Agency, the Association of
Pedestrian and Bicycle Professionals, Smart Growth America, the
National Complete Streets Coalition, and the Bicycle Transportation
Alliance. Numerous other State governments, local governments,
metropolitan planning organizations, trade associations, and
individuals commented on the Proposed Policy Statement.
In this section, FTA responds to public comments in the following
topical order: (A) General Comments; (B) The Pedestrian Catchment Area;
(C) The Bicycle Catchment Area; (D) Funding Issues; (E) FTA's Capital
Investment Grants Program; (F) Access to Public Transportation for
Individuals With Disabilities; (G) Eligible Activities; (H) Bicycle
Sharing Programs; (I) Planning Issues; (J) Safety Concerns; (K) Bicycle
Improvements in Rural Areas; (L) Research Issues; (M) Public Health
Issues; (N) Carpooling and Ridesharing Initiatives; (O) The HUD-DOT-EPA
Partnership for Sustainable Communities; (P) Park-and-Ride Lots; (Q)
Continuing Control Issues; and, (R) Miscellaneous Comments. Several
commenters raised issues that are outside the scope of FTA's Proposed
Policy Statement, and FTA does not address those concerns in this Final
Policy Statement.
A. General Comments
The majority of commenters expressed overwhelming support for FTA's
Proposed Policy Statement. Many commenters generally indicated that,
through the Proposed Policy Statement, FTA was taking a positive step
towards fostering the development and the sustainability of livable
communities.
FTA Response: FTA appreciates the support for the Proposed Policy
Statement. As discussed above, by considering pedestrian improvements
located within one-half mile and bicycle improvements located within
three miles of a public transportation stop or station to have a de
facto physical and functional relationship to public transportation,
individuals will benefit from improved traffic flow, shorter trip
lengths, safer streets for pedestrians and cyclists, lower greenhouse
gas emissions, reduced dependence on fossil fuels, increased trip-
chaining, increased overall health, and independence for individuals
who prefer not to or are unable to drive. Additionally, pedestrian and
bicycle improvements benefit local economies by increasing activity
that supports street-level retail.
B. The Pedestrian Catchment Area
The majority of commenters supported FTA's proposal to create a de
facto public transportation stop or
[[Page 52049]]
station radius of one-half mile for purposes of determining whether a
pedestrian improvement has a physical or functional relationship to
public transportation. Additionally, the majority of commenters
supported FTA's proposal to make pedestrian improvements beyond this
threshold eligible for FTA funding if the improvement is within the
distance that people could be expected to safely and conveniently walk
to use the particular stop or station.
Some commenters suggested that FTA should expand the pedestrian
catchment radius to encompass more than one-half mile. Some commenters
suggested that FTA use a one mile pedestrian catchment area or a two
mile pedestrian catchment area. To support the expansion of the
pedestrian catchment area, the majority of these commenters made
general statements that some studies indicate pedestrians travel at
speeds of three miles per hour, and consequently, pedestrians can cover
more distance than one-half mile during a fifteen minute walk. Some
commenters also made general statements that some studies indicate the
majority of pedestrians are willing to walk more than one-half mile to
reach a public transportation stop or station.
Some commenters expressed concerns with FTA's proposed use of a de
facto ``radial distance'' from a public transportation stop or station
to measure whether a pedestrian improvement has a physical or
functional relationship to the stop or station. These commenters
suggested that FTA use a ``street network radius'' whereby FTA would
measure one-half mile of actual street walking, while considering
factors such as density, weather patterns, and physical obstructions
surrounding stops and stations, to determine the eligibility of a
pedestrian improvement. These commenters asserted that the
determination of whether a physical or functional relationship exists
varies greatly under the widely divergent circumstances of a local
transportation system, and that the relationship should not be mileage-
based, but rather, it should be based on a case-by-case analysis.
FTA Response: FTA appreciates the support for the creation of the
de facto one-half mile pedestrian catchment area and for its proposal
to make pedestrian improvements beyond the one-half mile threshold
eligible for FTA funding if the improvement is within the distance that
people could be expected to safely and conveniently walk to use the
particular stop or station.
For purposes of the Final Policy Statement, FTA believes that a
conservative, one-half mile de facto catchment area is appropriate. As
discussed above, recent research indicates that: (1) Pedestrians walk
at a pace of approximately two miles per hour, and (2) pedestrians
generally are willing to walk approximately fifteen minutes to reach a
public transportation stop or station.\19\ Accordingly, pedestrians
generally are able to walk a distance of approximately one-half mile
during a fifteen minute walk at a two mile per hour pace. Based on this
information, FTA hereby establishes a one-half mile de facto pedestrian
catchment area. This de facto catchment area will simplify the process
of determining whether a pedestrian improvement is eligible for FTA
funding. Moreover, FTA will measure one-half mile using a ``radial
distance'' because the radial method further simplifies these
determinations.
---------------------------------------------------------------------------
\19\ Schlossberg, M. et al., How Far, By Which Route, and Why? A
Spatial Analysis of Pedestrian Reference, Mineta Transportation
Institute, June 2007. See L.M. Besser and A.L. Dannenberg, Walking
to Public Transit: Steps to Help Meet Physical Activity
Recommendations, Am. J. Prev. Med., November 2005, at 273.
---------------------------------------------------------------------------
FTA notes that the majority of the commenters who proposed a
catchment area beyond one-half mile did not offer citations to specific
studies which lend support to their proposals. Notwithstanding this
fact, FTA acknowledges that, in some localities, pedestrians are
willing to spend up to thirty minutes walking to a public
transportation stop or station.\20\ FTA supports investments in
pedestrian projects beyond the de facto catchment area. Therefore, FTA
hereby makes eligible for funding pedestrian improvements beyond the
one-half mile catchment area if the improvement is within the distance
that people could be expected to safely and conveniently walk to use
the particular stop or station. This policy will allow investments in
pedestrian improvements well beyond the one-half mile catchment area,
and it will account for the variety of factors in any given locality
that may impact an individual's ability to reach a public
transportation stop or station by walking.
---------------------------------------------------------------------------
\20\ See L.M. Besser and A.L. Dannenberg, Walking to Public
Transit: Steps to Help Meet Physical Activity Recommendations, Am.
J. Prev. Med., November 2005, at 273.
---------------------------------------------------------------------------
C. The Bicycle Catchment Area
The majority of commenters supported FTA's proposal to create a de
facto public transportation stop or station radius of three miles for
purposes of determining whether a bicycle improvement has a physical or
functional relationship to public transportation. Additionally, the
majority of commenters supported FTA's proposal to make bicycle
improvements beyond this threshold eligible for FTA funding if the
improvement is within the distance that people could be expected to
safely and conveniently bike to use the particular stop or station.
Some commenters suggested that FTA should expand the bicycle
catchment radius to encompass more than three miles. Some commenters
suggested that FTA use a four mile, a five mile, or a six mile bicycle
catchment area. The majority of these commenters did not offer a
rationale for these suggestions. However, some commenters referred to
various studies which indicate that bicyclists travel at average speeds
of twelve to fifteen miles per hour, and they therefore can cover more
distance than three miles during a fifteen minute bicycle ride.
Some commenters expressed concerns with FTA's proposed use of a de
facto radial distance from a public transportation stop or station to
measure whether a bicycle improvement has a physical or functional
relationship to the stop or station. These commenters suggested that
FTA use a ``street network radius'' whereby FTA would measure three
miles of actual bicycling while considering factors such as density,
weather patterns, and physical obstructions surrounding stops and
stations, to determine the eligibility of a bicycle improvement. These
commenters asserted that the determination of whether a physical or
functional relationship exists varies greatly under the widely
divergent circumstances of a local transportation system, and that the
relationship should not be mileage-based, but rather, it should be
based on a case-by-case analysis.
Finally, some commenters suggested, without rationale, that FTA
should limit bicycle improvements only to areas where transit-oriented
development is likely.
FTA Response: FTA appreciates the support for the creation of the
de facto three mile bicycle catchment area. FTA also appreciates the
support for its proposal to make bicycle improvements beyond the three
mile threshold eligible for FTA funding if the improvement is within
the distance that people could be expected to safely and conveniently
bike to use the particular stop or station.
For purposes of the Final Policy Statement, FTA believes that a
conservative, three mile de facto catchment area is appropriate. As
discussed above, recent research indicates that: (1) Bicyclists can
ride at
[[Page 52050]]
a pace of approximately ten miles per hour in almost any environment,
and (2) bicyclists generally are willing to bike at least fifteen
minutes to reach a public transportation stop or station.\21\
Accordingly, bicyclists can cover at least three miles during a fifteen
minute bicycle ride at a pace of ten miles per hour. Consequently, FTA
hereby establishes a three mile de facto bicycle catchment area. This
de facto catchment area will simplify the process of determining
whether a bicycle improvement is eligible for FTA funding. Moreover,
FTA will measure three miles using a ``radial distance'' because the
radial method further simplifies these determinations and avoids the
complex decision-making that a ``street network radius'' would foster.
---------------------------------------------------------------------------
\21\ League of American Bicyclists. Retrieved From: https://www.bikeleague.org/resources/better/commuters.php. See Kevin J.
Krizek, Ann Forsyth and Laura Baum, Walking and Cycling
International Literature Review, Victoria Department of Transport,
2009, at 18.
---------------------------------------------------------------------------
FTA acknowledges that, in some circumstances, bicyclists travel at
higher speeds may be willing to spend more than fifteen minutes biking
to a public transportation stop or station. FTA supports investments in
bicycle projects beyond the de facto catchment area. Therefore, FTA
hereby makes eligible for funding bicycle improvements beyond the three
mile catchment area if the improvement is within the distance that
people could be expected to safely and conveniently bike to use the
particular stop or station. This policy will allow investments in
bicycle improvements well beyond the three mile catchment area, and it
will account for the variety of factors in any given locality that may
impact an individual's ability to reach a public transportation stop or
station by biking.
D. Funding Issues
In light of FTA's Proposed Policy Statement, numerous commenters
expressed a need for additional Federal funding for pedestrian and
bicycle improvements. Some commenters expressed a need for increased
Federal funding for (1) capital projects, (2) the Surface
Transportation Program, and (3) the CMAQ Program. These commenters
asserted that, through the increased funding, local communities could
implement livability initiatives, create jobs, and maintain pedestrian
and bicycle projects in a state of good repair.
Some commenters suggested that Congress should establish a
dedicated funding source for pedestrian and bicycle projects, such as a
formula funding program. These commenters asserted that, through a
formula funding program, recipients of Federal transportation funds
would not have to weigh the needs of competing projects when making
local planning decisions. Other commenters suggested that Congress
should provide a short-term operating subsidy to FTA's grantees to
support pedestrian and bicycle projects.
Some commenters suggested various methods of raising revenues to
support increased funding in pedestrian and bicycle projects. Some
commenters suggested that Congress should raise the Federal gas tax to
raise revenues. Other commenters suggested that the Department should
encourage road pricing throughout the United States so that local
governments could finance pedestrian and bicycle improvements.
FTA Response: FTA supports additional funding for pedestrian and
bicycle improvements. Indeed, recent research indicates a significant
disparity between the percentage of pedestrian and bicycle trips in the
United States and the amount of Federal transportation funding for
those trips. Approximately 10 percent of all trips are by foot or by
bicycle nationwide, however, these modes receive only 1 percent of the
total amount of transportation funding at the Federal level.\22\ To
remedy this disparity, FTA supports the expansion of funding sources,
such as the Surface Transportation Program and the CMAQ Program. FTA
agrees that, through an increase in Federal funding, local communities
could implement livability initiatives, create jobs, and maintain
pedestrian and bicycle projects in a state of good repair.
---------------------------------------------------------------------------
\22\ Alliance for Biking and Walking, Bicycling and Walking in
the United States: 2010 Benchmarking Report, 2010, at 16, 78.
---------------------------------------------------------------------------
FTA notes that a purpose of this Final Policy Statement is to
provide flexibility to recipients of Federal funds so that they can use
those funds when alternative funding sources are insufficient to
support pedestrian and bicycle projects. These planning and funding
decisions take place at the local level, and the burden is on transit
agencies and project sponsors to coordinate and identify funding
priorities.
Finally, in response to comments that Congress should raise the
Federal gas tax or that the Department should encourage road pricing to
support funding for pedestrian and bicycle improvements, FTA notes that
Congress is in the process of developing a surface transportation
reauthorization bill. That bill will establish surface transportation
priorities and funding sources to support those priorities. FTA is
currently working with Congress in an effort to develop these
priorities and identify potential funding sources for the next
reauthorization legislation.
E. FTA's Capital Investment Grants Program
Many commenters identified potential issues with the Proposed
Policy Statement as it relates to FTA's Capital Investment Grants
Program at 49 U.S.C. 5309, commonly referred to as FTA's ``New Starts''
Program. These commenters expressed concerns with FTA's method of
calculating the cost-effectiveness of a New Starts project. These
commenters asserted that an investment in a pedestrian or bicycle
component of a New Starts project would increase capital costs and
thereby potentially decrease the project's cost-effectiveness. These
commenters suggested that FTA re-evaluate its method for calculating
cost-effectiveness so that project sponsors may capture the benefits of
a pedestrian or bicycle project--such as decreased carbon emissions--
and account for the return that applicants would receive on their
investment.
FTA Response: FTA appreciates the comments that it received on the
relationship between the Proposed Policy Statement and the New Starts
program. FTA acknowledges that major capital projects, such as those
funded by the New Starts program, benefit from pedestrian and bicycle
improvements and that, historically, these improvements may have
adversely affected the ability for a project to remain cost effective.
For this reason and others, FTA has revisited its New Starts
evaluation criteria. On June 3, 2010, FTA issued an Advanced Notice of
Proposed Rulemaking which sought public comments regarding its New
Starts and Small Starts project justification criteria.\23\ In
particular, FTA sought public input on how to improve its calculation
of ``cost effectiveness'' and whether FTA should measure quantifiable
benefits other than reduced travel time. Additionally, FTA sought
public comments on how it should evaluate environmental benefits and
economic development effects. FTA intends to issue a Notice of Proposed
Rulemaking on this subject in the near future.
---------------------------------------------------------------------------
\23\ Federal Transit Administration, Advance Notice of Proposed
Rulemaking, Request for Comments on Major Capital Investment
Projects, 75 FR 31383 (June 3, 2010).
---------------------------------------------------------------------------
[[Page 52051]]
F. Access to Public Transportation for Individuals With Disabilities
Many commenters expressed support for FTA's Proposed Policy
Statement because they believed that, through pedestrian and bicycle
improvements, individuals with disabilities will have better access to
public transportation stops and stations. These commenters believed
that the Proposed Policy Statement is an excellent ``complete streets''
initiative.
Some commenters believed one of the benefits of the Proposed Policy
Statement is that, with increased pedestrian and bicycle improvements,
there will be a decreased need for paratransit service because public
transportation stops and stations will become more accessible. They
also noted that pedestrian and bicycle improvements are significantly
less costly than paratransit service.
Several commenters questioned whether the Proposed Policy Statement
would impact any interpretation of the Americans with Disabilities Act.
FTA Response: FTA appreciates the comments that it received
regarding the relationship between this Final Policy Statement and
access to public transportation for individuals with disabilities. FTA
agrees that, through pedestrian and bicycle improvements, individuals
with disabilities will have better access to public transportation
stops and stations. One of the purposes of this Final Policy Statement
is to make fixed-route public transportation available and accessible
to the largest number of individuals possible. Indeed, pedestrian and
bicycle improvements will improve access to public transportation for
all users, including individuals with disabilities.
FTA notes that this Final Policy Statement will not impact any
interpretation of the Americans with Disabilities Act.
G. Eligible Activities
Several commenters expressed support for FTA's Proposed Policy
Statement because, through the Policy Statement, FTA makes ``all''
pedestrian and bicycle improvements within the one-half mile radius and
three mile radius eligible for Federal funding. Other commenters
requested that FTA define the pedestrian and bicycle improvements that
would be eligible for Federal funding under the Proposed Policy
Statement. These commenters suggested that eligible activities should
include bicycle parking and bicycle stations with storage rooms,
bicycle lockers, changing rooms, and space for bicycle repair and
rental shops.
FTA Response: FTA appreciates the comments that it received
regarding eligible activities. Indeed, as discussed in detail above and
as indicated in the Final Policy below, ``[A]ll pedestrian improvements
located within one-half mile and all bicycle improvements located
within three miles of a public transportation stop or station shall
have a de facto physical and functional relationship to public
transportation.''
More specifically, as discussed above, most grant programs
administered by FTA may be used to fund the design, construction, and
maintenance of pedestrian and bicycle projects that enhance or are
related to public transportation facilities. Improvements made
expressly eligible by statute include capital projects such as
pedestrian and bicycle access to a public transportation facility,\24\
and transit enhancements such as pedestrian access, walkways, and
bicycle access, including bicycle storage facilities and equipment for
transporting bicycles on public transportation vehicles.\25\
Additionally, certain funding programs administered by FHWA, including
the Surface Transportation Program and the CMAQ Program, may be used
for public transportation purposes. Once transferred to FTA for a
public transportation purpose, these ``flexible'' funds are
administered as FTA funds and take on all the eligibility and
requirements of the FTA program to which they are transferred, except
for the Federal share, which remains that required under the FHWA
program.
---------------------------------------------------------------------------
\24\ 49 U.S.C. 5302(a)(1)(g).
\25\ 49 U.S.C. 5302(a)(15)(f).
---------------------------------------------------------------------------
FTA grantees may use any of the following programs to fund capital
projects for pedestrian and bicycle access to a public transportation
facility:
Section 5307 Urbanized Area Formula Program;
Section 5309 New Starts and Small Starts Major Capital Investment
Programs;
Section 5309 Fixed Guideway Modernization Program;
Section 5309 Bus and Bus Facilities Discretionary Program;
Section 5310 Elderly Individuals and Individuals with Disabilities
Formula Program;
Section 5311 Non-Urbanized Area Formula Program;
Section 5311 Public Transportation on Indian Reservations;
Section 5316 Job Access and Reverse Commute Formula Program;
Section 5317 New Freedom Program; and
Section 5320 Paul S. Sarbanes Alternative Transportation in Parks
and Public Lands.
Pursuant to 49 U.S.C. 5302(a)(1)(G), the term ``capital project''
means, among other things, ``a public transportation improvement that
enhances economic development or incorporates private investment,
including * * * pedestrian and bicycle access to a [public]
transportation facility.'' This eligibility is not without
restrictions. Pedestrian and bicycle projects made eligible under the
definition of ``capital project'' must satisfy additional statutory
criteria, including requirements to enhance economic development or
incorporate private investment; to enhance the effectiveness of public
transportation project and relate physically or functionally to that
project, or to establish new or enhanced coordination between public
transportation and other transportation; and to provide a fair share of
revenue for public transportation.
Finally, one percent of Urbanized Area Formula program funds
apportioned to urbanized areas with populations of at least 200,000 are
set aside for transit enhancements. Eligible transit enhancement
projects include pedestrian access and walkways, and bicycle access,
including bicycle storage facilities and installing equipment for
transporting bicycles on public transportation vehicles. As an added
incentive, the Federal share of transit enhancement grants covers 90
percent of the cost of the project. If the project involves providing
bicycle access to public transportation, the grant or portion of that
grant may be at a Federal share of 95 percent.
H. Bicycle Sharing Programs
Several commenters expressed a hope that FTA would eventually
expand funding eligibility to include bicycle sharing initiatives.
These commenters believed that bicycle sharing systems assist commuters
with the ``first and last mile'' problem by linking them to public
transportation during the beginning and ending of their commutes.
FTA Response: FTA agrees that bicycle sharing systems provide
meaningful access to public transportation and help address the problem
of the ``first and last mile.'' Moreover, bicycle sharing programs,
like all forms of active transportation, provide numerous benefits,
such as reduced carbon emissions and improved public health.
Federal Transit Law limits the use of FTA funds for ``public
transportation.'' Historically, FTA has not included ``bicycle'' within
the definition of
[[Page 52052]]
``public transportation.'' Therefore, while a grantee may use FTA funds
to purchase aspects of a bicycle sharing system if those aspects are
located near public transportation stops and stations, an FTA grantee
may not use FTA funds to purchase bicycles, regardless of whether those
bicycles comply with Federal Buy America requirements.
I. Planning Issues
Several commenters highlighted the need for transit agencies to
work collaboratively with local stakeholders when planning pedestrian
and bicycle improvements.
FTA Response: FTA and FHWA require coordinated planning efforts and
public involvement for project development.\26\ FTA requires grantees
to work collaboratively with local stakeholders when planning
pedestrian and bicycle improvements.
---------------------------------------------------------------------------
\26\ 23 CFR 450.210, 771.111 (2010).
---------------------------------------------------------------------------
J. Safety Concerns
Several commenters expressed a general concern that pedestrians and
bicyclists should be safe during their commutes.
FTA Response: FTA agrees that pedestrians and bicyclists should be
safe during their commutes, and FTA expects its grantees to consider
the safety of pedestrians and bicyclists at all times. This Final
Policy Statement, however, is limited to identifying the eligibility of
capital projects and transit enhancements.
K. Bicycle Improvements in Rural Areas
One commenter hoped that the Proposed Policy Statement will foster
the development of bicycle lanes in rural areas so that commuters have
better access to public transportation.
FTA Response: FTA promotes the use of public transportation in both
urban and rural areas. Consequently, through this Final Policy
Statement, FTA hopes to encourage the development of bicycle lanes in
rural areas.
L. Research Issues
One commenter suggested that FTA compile and present a series of
``best practices'' for grantees that intend to develop and implement
pedestrian and bicycle projects.
FTA Response: FTA is exploring research programs that will support
the objectives of this Final Policy Statement. FTA looks forward to
working with stakeholders and industry partners to collect information
regarding pedestrian and bicycle connections to public transportation
systems.
M. Public Health Issues
One commenter highlighted potential public health benefits
associated with the pedestrian and bicycle catchment areas. This
commenter suggested that FTA should require consideration of health
benefits when determining catchment areas.
FTA Response: FTA appreciates comments regarding the public health
benefits related to pedestrian and bicycle improvements. Indeed, there
are numerous public health benefits associated with walking and biking,
such as a decreased risk of obesity, diabetes, heart disease, and high
blood pressure, and reduced overall depression and anxiety.\27\ The
Centers for Disease Control and Prevention have noted that, to increase
overall public health, communities should ``[b]uild good pedestrian and
bicycle infrastructure, including sidewalks and bike paths.'' \28\
Additionally, by walking or biking to or from public transportation,
individuals reduce overall carbon emissions.
---------------------------------------------------------------------------
\27\ National Center for Bicycling and Walking, Increasing
Physical Activity Through Community Design, June 2010; Smart Growth
for America, Measuring the Health Effects of Sprawl, September 2003;
\28\ Centers for Disease Control and Prevention, Healthy
Community Design Fact Sheet, June 2008.
---------------------------------------------------------------------------
N. Carpooling and Ridesharing Initiatives
One commenter urged FTA to consider expanding the scope of eligible
activities to include carpooling and ridesharing initiatives.
FTA Response: FTA recognizes that carpooling and ridesharing
initiatives provide a viable solution to many transportation
challenges. Although FTA encourages carpooling or ridesharing, this
Final Policy Statement focuses on providing pedestrians and bicyclists
with greater access to public transportation.
O. The HUD-DOT-EPA Partnership for Sustainable Communities
One commenter suggested that the United States Department of
Housing and Urban Development (HUD), the United States Environmental
Protection Agency (EPA), and FHWA should make funds available for
pedestrian and bicycle improvements.
FTA Response: DOT and FTA are strongly committed to the HUD-DOT-EPA
Partnership for Sustainable Communities. Together, these agencies are
working to promote livable communities.
P. Park-and-Ride Lots
Several commenters expressed a preference for investments in
pedestrian and bicycle improvements over investments in park-and-ride
lots. These commenters believed that investments in pedestrian and
bicycle projects are more effective tools of promoting livability.
FTA Response: FTA agrees with these comments. Pedestrian and
bicycle projects have many advantages over park-and-ride lots. Unlike
motor vehicles, pedestrian and bicycle improvements allow individuals
to access public transportation without the costs and negative health
effects of motor vehicle travel.
Q. Continuing Control Issues
Several commenters expressed concerns with potential continuing
control issues. By expanding pedestrian and bicycle catchment areas,
project sponsors may create access routes on property that is outside
the control of the transit agency. One commenter suggested that, in
these scenarios, FTA should require the transit agency to execute a
subgrantee agreement with the locality to address potential continuing
control issues.
FTA Response: FTA agrees that continuing control issues may arise
through the expansion of pedestrian and bicycle catchment areas. For
example, a grantee may expand pedestrian and bicycle catchment areas on
real estate that is under the control of a locality.
Pursuant to Section 19 of FTA's Master Agreement, a grantee
``agrees to maintain continuing control of the use of Project property
to the extent satisfactory to FTA.'' FTA believes that, in scenarios
such as the one described above, a subgrantee agreement may be
necessary to ensure the grantee has a degree of continuing control over
real estate that is subject to an FTA investment.
R. Miscellaneous Comments
Two commenters noted a spelling error in the following sentence in
the Preamble of the Proposed Policy Statement: ``Walking, bicycling,
and public transportation are complimentary.'' \29\ These commenters
noted that the word ``complimentary'' should be spelled
``complementary.''
---------------------------------------------------------------------------
\29\ Federal Transit Administration, Proposed Policy Statement
on the Eligibility of Pedestrian and Bicycle Improvements under
Federal Transit Law, 74 FR 58679 (Nov. 13, 2009).
---------------------------------------------------------------------------
FTA Response: FTA thanks these commenters for noting the spelling
and grammatical error. FTA has changed the word ``complimentary'' to
[[Page 52053]]
``complementary'' in the Preamble of this Final Policy Statement.
One commenter suggested that FTA should require recipients of
Federal funds for pedestrian and bicycle improvements to certify that
the projects will increase public transportation ridership as a result
of the Federal investments.
FTA Response: The purpose of this Policy Statement is to improve
access to public transportation stops and stations by simplifying the
process for determining whether the improvements have a physical or
functional relationship to public transportation. FTA grantees will not
need to certify ridership figures for projects within the one-half mile
walk shed and three mile bike shed set forth in this Policy Statement.
Research indicates that improved access to a stop or station typically
results in higher ridership. For improvements beyond these distances, a
study indicating the likelihood of increased ridership would be a valid
justification for the improvement.
VII. Statement of Policy
A. Background
In accordance with the goals, principles, and legal authority
outlined in this notice, FTA encourages the use of its funds for
pedestrian and bicycle amenities that expand the catchment area and
utility of public transportation stops and stations. Therefore, FTA
hereby establishes threshold catchment areas of one-half mile for
pedestrian improvements and three miles for bicycle improvements near
public transportation stops and stations.
A key requirement for determining the eligibility of a pedestrian
or bicycle improvement is whether it has a functional relationship to a
public transportation facility. FTA grantees can benefit from FTA
determining the typical distances pedestrians and bicyclists can be
expected to travel to access a public transportation stop or station.
The purpose of this Policy Statement is to propose a radius around a
public transportation stop or station within which FTA will consider
pedestrian and bicycle improvements to have a de facto functional
relationship to public transportation.
FTA's existing guidance on the eligibility of joint development
improvements serves as the foundation for this proposed policy.
According to that guidance, ``the functional relationship test of
activity and use permits the use of FTA funds for joint development
improvements [including pedestrian and bicycle improvements] located
outside the structural envelope of a public transportation project, and
may extend across an intervening street, major thoroughfare or
unrelated property, [but] should not extend beyond the distance most
people can be expected to safely and conveniently walk to use the
transit service.'' \30\
---------------------------------------------------------------------------
\30\ FTA guidance on the Eligibility of Joint Development
Improvements under Federal Transit Law, 72 FR 5790 (Feb. 7, 2007).
---------------------------------------------------------------------------
Relying on this guidance, in most circumstances FTA has considered
pedestrian improvements within approximately 1,500 feet of a public
transportation stop or station to be functionally related. Improvements
beyond a 1,500 foot radius were considered functionally related to
public transportation only if they satisfied a test of activity and
use.
The distance stated in FTA's existing guidance is too short.
``While distance is very important for pedestrians, on average they
will walk further than the anecdotal rule of thumb of 400 meters used
in many planning applications.'' \31\ Research indicates that
pedestrians are willing to walk at least one-half mile to train
stations or other forms of reliable public transportation when the
environment surrounding the station is safe and well-designed.\32\ A
pedestrian may travel a distance of one-half mile during fifteen
minutes at a pace of two miles per hour. A one-half mile catchment area
is a conservative estimate of the distance a pedestrian is willing to
travel to a public transportation stop or station. FTA has reason to
believe that pedestrians are willing to spend more than fifteen minutes
walking to public transportation stops and stations: A study published
in the American Journal of Preventative Medicine concluded that
Americans who use public transportation spend a median of nineteen
minutes daily walking to and from public transportation; and people in
high-density urban areas were more likely to spend approximately thirty
minutes walking to and from public transportation daily.\33\
---------------------------------------------------------------------------
\31\ Kevin J. Krizek, Ann Forsyth and Laura Baum, Walking and
Cycling International Literature Review, Victoria Department of
Transport, 2009, at 29.
\32\ Schlossberg, M. et al. How Far, By Which Route, and Why? A
Spatial Analysis of Pedestrian Reference, Mineta Transportation
Institute, June 2007.
\33\ L.M. Besser and A.L. Dannenberg, Walking to Public Transit:
Steps to Help Meet Physical Activity Recommendations, Am. J. Prev.
Med., November 2005, at 273.
---------------------------------------------------------------------------
Applying the same timeframes to bicyclists yields at least a three
mile catchment area. Bicycle paths may extend further than pedestrian
walkways and still be functionally related to public transportation
because ``bicyclists are willing to travel much longer distances than
pedestrians, largely due to higher average speeds attainable by
bicycle.'' \34\ Inasmuch as the average bicycle commuter travels at ten
miles per hour,\35\ FTA proposes a bicycle catchment area of three
miles from public transportation stops and stations. The three mile
catchment area equals the distance the average bicyclist could travel
in fifteen minutes time.
---------------------------------------------------------------------------
\34\ Kevin J. Krizek, Ann Forsyth and Laura Baum, Walking and
Cycling International Literature Review, Victoria Department of
Transport, 2009, at 18.
\35\ League of American Bicyclists. Retrieved From: https://www.bikeleague.org/resources/better/commuters.php.
---------------------------------------------------------------------------
B. Final Policy
For purposes of determining whether a pedestrian or bicycle
improvement has a physical or functional relationship to public
transportation, regardless of whether it is funded as a capital project
or public transportation enhancement, all pedestrian improvements
located within one-half mile and all bicycle improvements located
within three miles of a public transportation stop or station shall
have a de facto physical and functional relationship to public
transportation. Pedestrian and bicycle improvements beyond these
threshold distances may be eligible for FTA funding if the improvement
is within the distance that people could be expected to safely and
conveniently walk or bicycle to use that particular transit stop or
station.
Issued this 15th day of August, 2011.
Peter M. Rogoff,
Administrator, Federal Transit Administration.
[FR Doc. 2011-21273 Filed 8-18-11; 8:45 am]
BILLING CODE 4910-57-P
