Notice of Availability of New Starts and Small Starts Policy Guidance, 49372-49373 [2013-19681]

Download as PDF 49372 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Rules and Regulations Violation Statutory amount ($) Sec. 227(e) ............................................................................................... 10,000/violation. 30,000/day for each day of continuing violation, up to 1,025,000 for any single act or failure to act. 7,500 (owner). 1,100 (vessel master). 7,500/day (owner). 1,100 (vessel master). 650/day. Sec. Sec. Sec. Sec. Sec. 364(a) Forfeitures (Ships) ................................................................ 364(b) Forfeitures (Ships) ................................................................ 386(a) Forfeitures (Ships) ................................................................ 386(b) Forfeitures (Ships) ................................................................ 634 Cable EEO ................................................................................ (9) * * * (i) * * * Round off this result using the rules in paragraph (b)(9)(ii) of this section. * * * * * * * * (iii) * * * U.S. Code citation Maximum penalty after DCIA adjustment ($) 47 47 47 47 47 47 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 205(b) 214(d) 219(b) 220(d) 223(b) 227(e) ................ ................ ................ ................ ................ ................ 47 47 47 47 47 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 362(a) ................ 362(b) ................ 386(a) ................ 386(b) ................ 503(b)(2)(A) ....... 47 U.S.C. 503(b)(2)(B) ....... 47 U.S.C. 503(b)(2)(C) ....... 47 U.S.C. 503(b)(2)(D) ....... 47 U.S.C. 503(b)(2)(F) ....... Federal Transit Administration 49 CFR Part 611 [Docket No. FTA–2010–0009] Notice of Availability of New Starts and Small Starts Policy Guidance Federal Transit Administration (FTA), DOT. 9,600 ACTION: Notice of availability of policy 530 guidance. 47 U.S.C. 202(c) ................. 47 U.S.C. 203(e) ................ DEPARTMENT OF TRANSPORTATION 9,600 530 23,200 1,320 1,320 9,600 80,000 10,000 30,000 1,025,000 7,500 1,100 7,500 1,100 37,500 400,000 160,000 1,575,000 350,000 3,300,000 16,000 122,500 105,000 1,050,000 750 110 650 AGENCY: The Federal Transit Administration (FTA) is issuing final policy guidance to sponsors of New Starts and Small Starts projects. This guidance is available both on the docket and the agency’s public Web site. This final guidance includes changes made in response to comments received on the guidance proposed in January 2013, and accompanies the final rule for Major Capital Investment Projects promulgated in January 2013. The rule sets the framework for the New Starts and Small Starts evaluation and rating process; the policy guidance complements the rule by providing technical details about the methods for calculating the project justification and local financial commitment criteria used to evaluate and rate New Starts and Small Starts projects. SUMMARY: Note to paragraph (b)(9): Pursuant to Public Law 104–134, the first inflation adjustment cannot exceed 10 percent of the statutory maximum amount. * * * * * This final policy guidance is effective August 14, 2013. FOR FURTHER INFORMATION CONTACT: For program matters, Elizabeth Day, FTA Office of Planning and Environment, telephone (202) 366–5159 or Elizabeth.Day@dot.gov. For legal matters, Scott Biehl, FTA of Chief Counsel, telephone (202) 366–0826 or Scott.Biehl@dot.gov. [FR Doc. 2013–19770 Filed 8–13–13; 8:45 am] SUPPLEMENTARY INFORMATION: 47 U.S.C. 507(a) ................ 47 U.S.C. 507(b) ................ 47 U.S.C. 554 ..................... mstockstill on DSK4VPTVN1PROD with RULES BILLING CODE 6712–01–P VerDate Mar<15>2010 15:59 Aug 13, 2013 Jkt 229001 DATES: Pursuant to 49 U.S.C. 5309(g)(5), FTA is obliged to publish policy guidance on the review and evaluation process and criteria for capital investment projects each time the agency makes significant changes to the process and criteria, and in any event, at least once every two years. Also, FTA is obliged to invite public comment on the guidance, and to PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 publish its response to comments. In this instance, FTA is publishing final policy guidance after having reviewed the comments received on the proposed policy guidance published on January 9, 2013, at 78 FR 2038. The final policy guidance is available in its entirety on FTA’s public Web site at http:// www.fta.dot.gov and in the docket at http://www.regulations.gov. It is approximately 40 typewritten pages in length. The final policy guidance addresses, in detail, measures and methods for calculating the project justification and local financial commitment criteria for New Starts and Small Starts projects. The final policy guidance sets forth breakpoints for determining whether a project rates ‘‘high,’’ ‘‘medium-high,’’ ‘‘medium,’’ ‘‘low-medium,’’ or ‘‘low’’ on each of the various criteria. Additionally, the final policy guidance addresses the weighting of the criteria and measures to arrive at an overall project rating. The final policy guidance accompanies the final rule for Major Capital Investment projects issued on January 9, 2013, at 78 FR 1992–2037, and codified at 49 CFR Part 611. FTA received 392 separate comments on the proposed policy guidance from 50 commenters, including cities, transit operators, state agencies, metropolitan planning organizations, non-profit organizations, a private business, and an interested citizen. Again, FTA’s summary and response to these comments is available both on the agency’s public Web site at http:// www.fta.dot.gov and in the docket at http://www.regulations.gov. The public comments are available, in their entirety, on the docket at http:// www.regulations.gov. This final policy guidance is effective immediately. This policy guidance provides technical details necessary for FTA to apply the evaluation and rating criteria codified in the final rule at 49 CFR Part 611, which took effect on April 9, 2013. Sponsors of New Starts and Small Starts projects need this final guidance to gather and submit the data and information on which their projects will be evaluated and rated, so that their projects can move forward. In turn, FTA E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES needs these data and information from the project sponsors to prepare the agency’s annual report to Congress on capital investment funding recommendations for the forthcoming Federal fiscal year, as required by 49 U.S.C. 5309(o)(1). For these reasons, and in accordance with the Administrative Procedure Act, 5 U.S.C. 553(d), FTA finds good cause for an exception to the requirement for 30-day publication prior to an effective date. Please note, however, that both the rule for major capital investment projects at 49 CFR Part 611 and the final VerDate Mar<15>2010 15:59 Aug 13, 2013 Jkt 229001 policy guidance pertain only to the evaluation and rating of New Starts and Small Starts projects. Neither the rule nor the policy guidance address the Core Capacity Improvement program created by the Moving Ahead for Progress in the 21st Century Act (‘‘MAP–21’’), effective October 1, 2012, nor the evaluation of Programs of Interrelated Projects, the pilot program for expedited project delivery, or the process for expedited review of project sponsors’ technical capacity, all of which were created by MAP–21. Nor does the rule or the policy guidance PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 49373 address the procedural changes made to the steps in the New Starts process, such as the elimination of Alternatives Analysis, the newly defined Project Development phase, and the newly defined Engineering phase, which were enacted by MAP–21. Those subjects will be addressed through future rulemakings and policy guidance. Peter Rogoff, Administrator, Federal Transit Administration. [FR Doc. 2013–19681 Filed 8–13–13; 8:45 am] BILLING CODE P E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Rules and Regulations]
[Pages 49372-49373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19681]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 611

[Docket No. FTA-2010-0009]


Notice of Availability of New Starts and Small Starts Policy 
Guidance

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability of policy guidance.

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

SUMMARY: The Federal Transit Administration (FTA) is issuing final 
policy guidance to sponsors of New Starts and Small Starts projects. 
This guidance is available both on the docket and the agency's public 
Web site. This final guidance includes changes made in response to 
comments received on the guidance proposed in January 2013, and 
accompanies the final rule for Major Capital Investment Projects 
promulgated in January 2013. The rule sets the framework for the New 
Starts and Small Starts evaluation and rating process; the policy 
guidance complements the rule by providing technical details about the 
methods for calculating the project justification and local financial 
commitment criteria used to evaluate and rate New Starts and Small 
Starts projects.

DATES: This final policy guidance is effective August 14, 2013.

FOR FURTHER INFORMATION CONTACT: For program matters, Elizabeth Day, 
FTA Office of Planning and Environment, telephone (202) 366-5159 or 
Elizabeth.Day@dot.gov. For legal matters, Scott Biehl, FTA of Chief 
Counsel, telephone (202) 366-0826 or Scott.Biehl@dot.gov.

SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 5309(g)(5), FTA is 
obliged to publish policy guidance on the review and evaluation process 
and criteria for capital investment projects each time the agency makes 
significant changes to the process and criteria, and in any event, at 
least once every two years. Also, FTA is obliged to invite public 
comment on the guidance, and to publish its response to comments. In 
this instance, FTA is publishing final policy guidance after having 
reviewed the comments received on the proposed policy guidance 
published on January 9, 2013, at 78 FR 2038. The final policy guidance 
is available in its entirety on FTA's public Web site at http://www.fta.dot.gov and in the docket at http://www.regulations.gov. It is 
approximately 40 typewritten pages in length. The final policy guidance 
addresses, in detail, measures and methods for calculating the project 
justification and local financial commitment criteria for New Starts 
and Small Starts projects. The final policy guidance sets forth 
breakpoints for determining whether a project rates ``high,'' ``medium-
high,'' ``medium,'' ``low-medium,'' or ``low'' on each of the various 
criteria. Additionally, the final policy guidance addresses the 
weighting of the criteria and measures to arrive at an overall project 
rating. The final policy guidance accompanies the final rule for Major 
Capital Investment projects issued on January 9, 2013, at 78 FR 1992-
2037, and codified at 49 CFR Part 611.
    FTA received 392 separate comments on the proposed policy guidance 
from 50 commenters, including cities, transit operators, state 
agencies, metropolitan planning organizations, non-profit 
organizations, a private business, and an interested citizen. Again, 
FTA's summary and response to these comments is available both on the 
agency's public Web site at http://www.fta.dot.gov and in the docket at 
http://www.regulations.gov. The public comments are available, in their 
entirety, on the docket at http://www.regulations.gov.
    This final policy guidance is effective immediately. This policy 
guidance provides technical details necessary for FTA to apply the 
evaluation and rating criteria codified in the final rule at 49 CFR 
Part 611, which took effect on April 9, 2013. Sponsors of New Starts 
and Small Starts projects need this final guidance to gather and submit 
the data and information on which their projects will be evaluated and 
rated, so that their projects can move forward. In turn, FTA

[[Page 49373]]

needs these data and information from the project sponsors to prepare 
the agency's annual report to Congress on capital investment funding 
recommendations for the forthcoming Federal fiscal year, as required by 
49 U.S.C. 5309(o)(1). For these reasons, and in accordance with the 
Administrative Procedure Act, 5 U.S.C. 553(d), FTA finds good cause for 
an exception to the requirement for 30-day publication prior to an 
effective date.
    Please note, however, that both the rule for major capital 
investment projects at 49 CFR Part 611 and the final policy guidance 
pertain only to the evaluation and rating of New Starts and Small 
Starts projects. Neither the rule nor the policy guidance address the 
Core Capacity Improvement program created by the Moving Ahead for 
Progress in the 21st Century Act (``MAP-21''), effective October 1, 
2012, nor the evaluation of Programs of Interrelated Projects, the 
pilot program for expedited project delivery, or the process for 
expedited review of project sponsors' technical capacity, all of which 
were created by MAP-21. Nor does the rule or the policy guidance 
address the procedural changes made to the steps in the New Starts 
process, such as the elimination of Alternatives Analysis, the newly 
defined Project Development phase, and the newly defined Engineering 
phase, which were enacted by MAP-21. Those subjects will be addressed 
through future rulemakings and policy guidance.

Peter Rogoff,
Administrator, Federal Transit Administration.
[FR Doc. 2013-19681 Filed 8-13-13; 8:45 am]
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