Joint Development: Proposed Circular, 14620-14622 [2013-05226]
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14620
Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Notices
(‘‘Air Micronesia’’) (collectively, the
‘‘Joint Applicants’’) notifying the
Department of an upcoming corporate
name change of Continental to ‘‘United
Airlines, Inc.’’, requests reissuance of
their certificates of public convenience
and necessity and economic and other
authorities to reflect this name change,
and request that the trade name
‘‘Continental’’ be registered for use in
their operations as may be needed
during the completion of their merger
and integration process.
Barbara J. Hairston,
Acting Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. 2013–05145 Filed 3–5–13; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2003–0014]
Notice of Request for the Extension of
a Currently Approved Information
Collection
AGENCY:
Federal Transit Administration,
DOT.
pmangrum on DSK3VPTVN1PROD with NOTICES
ACTION:
Notice of request for comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to extend the following
currently approved information
collection: 49 U.S.C. 5317—New
Freedom Program.
DATES: Comments must be submitted
before May 6, 2013.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
identified by the docket number by only
one of the following methods:
1. Web site: www.regulations.gov.
Follow the instructions for submitting
comments on the U.S. Government
electronic docket site. (Note: The U.S.
Department of Transportation’s (DOT’s)
electronic docket is no longer accepting
electronic comments.) All electronic
submissions must be made to the U.S.
Government electronic docket site at
www.regulations.gov. Commenters
should follow the directions below for
mailed and hand-delivered comments.
2. Fax: 202–493–2251.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
VerDate Mar<15>2010
15:01 Mar 05, 2013
Jkt 229001
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except federal
holidays.
Instructions: You must include the
agency name and docket number for this
notice at the beginning of your
comments. Submit two copies of your
comments if you submit them by mail.
For confirmation that FTA has received
your comments, include a selfaddressed stamped postcard. Note that
all comments received, including any
personal information, will be posted
and will be available to Internet users,
without change, to www.regulations.gov.
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published April 11, 2000, (65
FR 19477), or you may visit
www.regulations.gov. Docket: For access
to the docket to read background
documents and comments received, go
to www.regulations.gov at any time.
Background documents and comments
received may also be viewed at the U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Docket
Operations, M–30, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Gilbert Williams, FTA Office of Program
Management (202) 366–0797, or email:
Gilbert.Williams@dot.gov.
SUPPLEMENTARY INFORMATION: Interested
parties are invited to send comments
regarding any aspect of this information
collection, including: (1) The necessity
and utility of the information collection
for the proper performance of the
functions of the FTA; (2) the accuracy
of the estimated burden; (3) ways to
enhance the quality, utility, and clarity
of the collected information; and (4)
ways to minimize the collection burden
without reducing the quality of the
collected information. Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval of this
information collection.
Title: 49 U.S.C. 5317—New Freedom
Program.
(OMB Number: 2132–0565).
Background: 49 U.S.C. 5317, the New
Freedom Program, authorizes the
Secretary of Transportation to make
grants to states for areas with a
population of less than 200,000 and
designated recipients in urbanized areas
of 200,000 persons or greater to reduce
barriers to transportation services and
expand the transportation mobility
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options available to people with
disabilities beyond the requirements of
the Americans with Disabilities Act
(ADA) of 1990. Grant recipients are
required to make information available
to the public and to publish a program
of projects which identifies the
subrecipients and projects for which the
State or designated recipient is applying
for financial assistance. FTA uses the
information to determine eligibility for
funding and to monitor the grantees’
progress in implementing and
completing project activities. FTA
collects performance information
annually from designated recipients in
rural areas, small urbanized areas, other
direct recipients for small urbanized
areas, and designated recipients in
urbanized areas of 200,000 persons or
greater. FTA collects milestone and
financial status reports from designated
recipients in large urbanized areas on a
quarterly basis. The information
submitted ensures FTA’s compliance
with applicable federal laws and OMB
Circular A–102.
Respondents: State and local
government, private non-profit
organizations and public transportation
authorities.
Estimated Annual Burden on
Respondents: 251 hours for each of the
respondents.
Estimated Total Annual Burden:
129,679 hours.
Frequency: Annual.
Issued: February 28, 2013.
Matthew M. Crouch,
Deputy Administrator for Administration.
[FR Doc. 2013–05144 Filed 3–5–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA–2013–0013]
Joint Development: Proposed Circular
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Availability of
Proposed Circular and Request for
Comments
AGENCY:
SUMMARY: The Federal Transit
Administration (FTA) has placed in the
docket and on its web site proposed
guidance, in the form of a circular, on
joint development. This circular
provides guidance to recipients of
Federal Transit Administration (FTA)
financial assistance on how to use FTA
funds or FTA-funded real property for
joint development. This circular: (1)
Defines the term ‘‘joint development’’;
E:\FR\FM\06MRN1.SGM
06MRN1
pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Notices
(2) explains how to determine which
joint development activities are eligible
for FTA funding; (3) describes the legal
requirements applicable to the
acquisition, use, and disposition of
FTA-funded real property; and (4)
outlines the most common crosscutting
requirements. This circular incorporates
provisions of the Moving Ahead for
Progress in the 21st Century Act (MAP–
21), Public Law 112–141 (2012),
advances the goals of 49 U.S.C. 5315 by
informing FTA recipients of
opportunities for private sector
participation in public transportation
projects, and includes the most current
guidance for the federal public
transportation program. By this notice,
FTA invites public comment on this
proposed circular.
DATES: Comments must be submitted by
April 5, 2013. Late-filed comments will
be considered to the extent practicable.
ADDRESSES: You may submit comments
to DOT Docket ID Number FTA–2013–
0013 by any of the following methods:
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. Eastern time, Monday
through Friday, except Federal holidays.
Fax: 202–493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket number
(FTA–2013–0013) for this notice at the
beginning of your comments. You
should submit two copies of your
comments if you submit them by mail.
If you wish to receive confirmation that
FTA received your comments, you must
include a self-addressed stamped
postcard. Note that all comments
received will be posted without change
to https://www.regulations.gov including
any personal information provided and
will be available to internet users. You
may review DOT’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000 (65 FR
19477). Docket: For access to the docket
to read background documents and
comments received, go to https://
www.regulations.gov at any time or to
the U.S. Department of Transportation,
1200 New Jersey Ave. SE., Docket
Operations, M–30, West Building
Ground Floor, Room W12–140,
Washington, DC 20590 between 9:00
VerDate Mar<15>2010
15:01 Mar 05, 2013
Jkt 229001
a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
legal questions, Jayme L. Blakesley,
Office of Chief Counsel, 1200 New
Jersey Avenue SE., Room E56–316,
phone: (202) 366–0304, or email,
jayme.blakesley@dot.gov; For program
questions, Sharon Pugh, Office of
Budget and Policy, Federal Transit
Administration, 1200 New Jersey Ave.
SE., Room E52–322, Washington, DC
20590, phone: (202) 366–0713, or email,
sharon.pugh@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
It is FTA’s policy to maximize the
utility of FTA-funded projects and to
encourage transit agencies to generate
program income through joint
development. The benefits of joint
development include revenue
generation for the transit system through
‘‘value capture’’ mechanisms, such as
income derived from rental or lease
payments, and private sector
contributions to public infrastructure.
Other benefits include shared costs,
efficient land use, reduced distance
between transportation and other
activities, economic development,
increased transit ridership, and
improved transit connectivity.
This proposed circular is intended to
guide interested parties through the
FTA program and policy requirements
that must be considered when pursuing
a joint development project.
This following is a summary of the
proposed circular. The proposed
circular itself is not included in this
notice; an electronic version may be
found on FTA’s Web site at
www.fta.dot.gov or on the Docket at
www.regulations.gov (Docket No. FTA–
2013–0013). Paper copies of the
proposed circular may be obtained by
contacting FTA’s Administrative
Services Help Desk at (202) 366–4865.
FTA seeks comment on the proposed
circular.
II. Chapter Summary
A. Chapter I—Introduction and
Background
Chapter I is an introductory chapter.
It defines terms used throughout the
proposed circular, provides a brief
background of FTA’s authorizing
legislation, the effect of the circular, and
instructions for how to contact FTA.
B. Chapter II—Circular Overview
Chapter II introduces the substance of
the proposed circular. It describes joint
development as a concept and lists
several elements of a joint development
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Fmt 4703
Sfmt 4703
14621
capital project, including the funding
sources, project eligibility criteria,
crosscutting requirements, and
restrictions on the use of real property
acquired with federal assistance. The
real property section includes
discussion on the requirements for real
property acquisition, satisfactory
continuing control, incidental use, and
disposition.
C. Chapter III—FTA Assistance for
Planning and Capital Projects
Chapter III describes the eligibility
requirements for an FTA-funded joint
development capital project or planning
activity.
FTA planning grants are available to
assist states, metropolitan planning
organizations, local governments, and
others to plan transportation projects,
including joint developments.
FTA program funds may be used to
support capital projects. The Moving
Ahead for Progress in the Twenty First
Century Act (MAP–21), Public Law
112–141, provides the most recent
authorization for FTA’s programs.
MAP–21 explicitly includes joint
development within the definition of
capital project. The proposed circular
describes the MAP–21 provisions on
joint development and explains each
element of the statutory eligibility
criteria. Chapter III is based on
previously published guidance on the
eligibility of joint development
activities for FTA funding. 72 FR 5788
(Feb. 7, 2007).
D. Chapter IV—Real Property
Considerations
Chapter IV reviews the requirements
applicable to the acquisition, use, and
disposition of real property acquired
with FTA funds. Chapter IV gives
special attention to circumstances that
are most likely to be part of a joint
development project. For example,
Chapter IV discusses subordination of
the federal government’s unrecorded
interest in real property, the incidental
use of real property for non-transit
purposes, and the maintenance of
satisfactory continuing control of real
property in the context of a joint
development project.
E. Chapter V—Crosscutting Federal
Requirements
Chapter V reviews federal
requirements that are not unique to
public transportation projects, but
which have application to all federally
assisted projects, including joint
development projects funded by FTA.
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06MRN1
14622
Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Notices
III. Request for Comments and
Examples
In addition to general comments
about the proposed circular, FTA invites
comments on the following topics
specifically:
Currently, the proposed circular does
not expressly define the term ‘‘fair share
of revenue’’ and does not set a monetary
threshold for the same. Instead, FTA
proposes to reserve the right to decline
funding for a joint development project
if the project does not generate a
meaningful amount of revenue. FTA
seeks comment on how it should assess
whether a project generates a ‘‘fair share
of revenue,’’ including any measures or
criteria FTA should use.
The proposed circular does not yet
include a chapter on the process FTA
will follow to review and approve or
concur in a joint development project.
Before drafting this chapter, FTA seeks
comment from its stakeholders. After
considering comments, FTA intends to
include a chapter on FTA’s review
process in the final version of the
proposed circular.
FTA requests the submission of
examples that illustrate the many issues
that arise in joint development projects.
Issued in Washington, DC, this 27th day of
February, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013–05226 Filed 3–5–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 6 (Sub-No. 487X)]
pmangrum on DSK3VPTVN1PROD with NOTICES
BNSF Railway Company—
Abandonment Exemption—in Cook
County, Ill.
BNSF Railway Company (BNSF) has
filed a verified notice of exemption
under 49 CFR part 1152 subpart F–
Exempt Abandonments to abandon
approximately 1.1 miles of rail line in
Chicago, in Cook County, Ill., as follows:
(1) Approximately 0.50 miles of track
(Sangamon Street Line) from south of
Western Avenue Yard at 16th Street
(Station 186+79), extending to the red
board south of Cullerton Street (Station
163+50); and (2) approximately 0.60
miles of track (Lumber Street Line) from
West Cermak Road at the Colonial Brick
switch (Station 157+65), extending to
the end of the line on Lumber Street
(Station 197+81). The line traverses
United States Postal Service Zip Codes
60608 and 60616.
VerDate Mar<15>2010
19:56 Mar 05, 2013
Jkt 229001
BNSF has certified that: (1) No local
traffic has moved over the line for at
least two years; (2) there is no overhead
traffic on the line; (3) no formal
complaint filed by a user of rail service
on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board or with
any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on April 5,
2013, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by March 18,
2013. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by March 26,
2013, with the Surface Transportation
Board, 395 E Street SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to BNSF’s
representative: Karl Morell, BALL
JANIK LLP, Suite 225, 655 Fifteenth
Street NW., Washington, DC 20005.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C. 2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
1002.2(f)(25).
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Fmt 4703
Sfmt 4703
BNSF has filed environmental and
historic reports that address the effects,
if any, of the abandonment on the
environment and historic resources.
OEA will issue an environmental
assessment (EA) by March 11, 2013.
Interested persons may obtain a copy of
the EA by writing to OEA (Room 1100,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling OEA at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service at (800) 877–
8339. Comments on environmental and
historic preservation matters must be
filed within 15 days after the EA
becomes available to the public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), BNSF shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
BNSF’s filing of a notice of
consummation by March 6, 2014, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at
‘‘www.stb.dot.gov.’’
Decided: March 1, 2013.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013–05175 Filed 3–5–13; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Designation of 1 Individual Pursuant to
Executive Order 13224 of September
23, 2001, ‘‘Blocking Property and
Prohibiting Transactions with Persons
Who Commit, Threaten to Commit, or
Support Terrorism’’
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
—————————
The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the name of 1
individual whose property and interests
in property are blocked pursuant to
Executive Order 13224 of September 23,
2001, ‘‘Blocking Property and
Prohibiting Transactions With Persons
SUMMARY:
E:\FR\FM\06MRN1.SGM
06MRN1
Agencies
[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14620-14622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05226]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2013-0013]
Joint Development: Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Proposed Circular and Request for
Comments
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its web site proposed guidance, in the form of a
circular, on joint development. This circular provides guidance to
recipients of Federal Transit Administration (FTA) financial assistance
on how to use FTA funds or FTA-funded real property for joint
development. This circular: (1) Defines the term ``joint development'';
[[Page 14621]]
(2) explains how to determine which joint development activities are
eligible for FTA funding; (3) describes the legal requirements
applicable to the acquisition, use, and disposition of FTA-funded real
property; and (4) outlines the most common crosscutting requirements.
This circular incorporates provisions of the Moving Ahead for Progress
in the 21st Century Act (MAP-21), Public Law 112-141 (2012), advances
the goals of 49 U.S.C. 5315 by informing FTA recipients of
opportunities for private sector participation in public transportation
projects, and includes the most current guidance for the federal public
transportation program. By this notice, FTA invites public comment on
this proposed circular.
DATES: Comments must be submitted by April 5, 2013. Late-filed comments
will be considered to the extent practicable.
ADDRESSES: You may submit comments to DOT Docket ID Number FTA-2013-
0013 by any of the following methods:
Federal e-Rulemaking Portal: Go to https://www.regulations.gov and
follow the online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern time,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2013-0013) for this notice at
the beginning of your comments. You should submit two copies of your
comments if you submit them by mail. If you wish to receive
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be
posted without change to https://www.regulations.gov including any
personal information provided and will be available to internet users.
You may review DOT's complete Privacy Act Statement published in the
Federal Register on April 11, 2000 (65 FR 19477). Docket: For access to
the docket to read background documents and comments received, go to
https://www.regulations.gov at any time or to the U.S. Department of
Transportation, 1200 New Jersey Ave. SE., Docket Operations, M-30, West
Building Ground Floor, Room W12-140, Washington, DC 20590 between 9:00
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For legal questions, Jayme L.
Blakesley, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room
E56-316, phone: (202) 366-0304, or email, jayme.blakesley@dot.gov; For
program questions, Sharon Pugh, Office of Budget and Policy, Federal
Transit Administration, 1200 New Jersey Ave. SE., Room E52-322,
Washington, DC 20590, phone: (202) 366-0713, or email,
sharon.pugh@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
It is FTA's policy to maximize the utility of FTA-funded projects
and to encourage transit agencies to generate program income through
joint development. The benefits of joint development include revenue
generation for the transit system through ``value capture'' mechanisms,
such as income derived from rental or lease payments, and private
sector contributions to public infrastructure. Other benefits include
shared costs, efficient land use, reduced distance between
transportation and other activities, economic development, increased
transit ridership, and improved transit connectivity.
This proposed circular is intended to guide interested parties
through the FTA program and policy requirements that must be considered
when pursuing a joint development project.
This following is a summary of the proposed circular. The proposed
circular itself is not included in this notice; an electronic version
may be found on FTA's Web site at www.fta.dot.gov or on the Docket at
www.regulations.gov (Docket No. FTA-2013-0013). Paper copies of the
proposed circular may be obtained by contacting FTA's Administrative
Services Help Desk at (202) 366-4865. FTA seeks comment on the proposed
circular.
II. Chapter Summary
A. Chapter I--Introduction and Background
Chapter I is an introductory chapter. It defines terms used
throughout the proposed circular, provides a brief background of FTA's
authorizing legislation, the effect of the circular, and instructions
for how to contact FTA.
B. Chapter II--Circular Overview
Chapter II introduces the substance of the proposed circular. It
describes joint development as a concept and lists several elements of
a joint development capital project, including the funding sources,
project eligibility criteria, crosscutting requirements, and
restrictions on the use of real property acquired with federal
assistance. The real property section includes discussion on the
requirements for real property acquisition, satisfactory continuing
control, incidental use, and disposition.
C. Chapter III--FTA Assistance for Planning and Capital Projects
Chapter III describes the eligibility requirements for an FTA-
funded joint development capital project or planning activity.
FTA planning grants are available to assist states, metropolitan
planning organizations, local governments, and others to plan
transportation projects, including joint developments.
FTA program funds may be used to support capital projects. The
Moving Ahead for Progress in the Twenty First Century Act (MAP-21),
Public Law 112-141, provides the most recent authorization for FTA's
programs. MAP-21 explicitly includes joint development within the
definition of capital project. The proposed circular describes the MAP-
21 provisions on joint development and explains each element of the
statutory eligibility criteria. Chapter III is based on previously
published guidance on the eligibility of joint development activities
for FTA funding. 72 FR 5788 (Feb. 7, 2007).
D. Chapter IV--Real Property Considerations
Chapter IV reviews the requirements applicable to the acquisition,
use, and disposition of real property acquired with FTA funds. Chapter
IV gives special attention to circumstances that are most likely to be
part of a joint development project. For example, Chapter IV discusses
subordination of the federal government's unrecorded interest in real
property, the incidental use of real property for non-transit purposes,
and the maintenance of satisfactory continuing control of real property
in the context of a joint development project.
E. Chapter V--Crosscutting Federal Requirements
Chapter V reviews federal requirements that are not unique to
public transportation projects, but which have application to all
federally assisted projects, including joint development projects
funded by FTA.
[[Page 14622]]
III. Request for Comments and Examples
In addition to general comments about the proposed circular, FTA
invites comments on the following topics specifically:
Currently, the proposed circular does not expressly define the term
``fair share of revenue'' and does not set a monetary threshold for the
same. Instead, FTA proposes to reserve the right to decline funding for
a joint development project if the project does not generate a
meaningful amount of revenue. FTA seeks comment on how it should assess
whether a project generates a ``fair share of revenue,'' including any
measures or criteria FTA should use.
The proposed circular does not yet include a chapter on the process
FTA will follow to review and approve or concur in a joint development
project. Before drafting this chapter, FTA seeks comment from its
stakeholders. After considering comments, FTA intends to include a
chapter on FTA's review process in the final version of the proposed
circular.
FTA requests the submission of examples that illustrate the many
issues that arise in joint development projects.
Issued in Washington, DC, this 27th day of February, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013-05226 Filed 3-5-13; 8:45 am]
BILLING CODE P