Expedited Public Transportation Improvement Initiative, 53387-53389 [2015-21790]
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Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
defined in 49 CFR 383.5 (49 CFR 383.5).
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to this notice. (3) ‘‘Commercial Driver’s
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operator of a CMV because such
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(Section 383.23(a)(2)). (4) ‘‘Entry-level
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than one year of experience operating a
CMV with a CDL in interstate commerce
(49 CFR 380.502(b)).
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[FR Doc. 2015–21894 Filed 9–2–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Expedited Public Transportation
Improvement Initiative
AGENCY:
Federal Transit Administration,
DOT.
Notice of initiative and online
dialogue
ACTION:
The Federal Transit
Administration (FTA) announces the
establishment of a multi-faceted
Expedited Public Transportation
Improvement Initiative (‘‘XPEDITE’’)
and solicits participation in a
forthcoming Online Dialogue on the
initiative. The goal of XPEDITE is to
facilitate the transit industry’s
implementation of:
• Proven technologies to improve
service delivery and maintenance for
the public transit industry
• Proven methods to speed up
planning, development, approval and
delivery of FTA supported capital
investments; and
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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14:42 Sep 02, 2015
Jkt 235001
• Innovative financing methods and
opportunities for public-private
partnerships that support capital
investments
During the XPEDITE Online Dialogue
FTA will be asking you to identify (1)
possible improvements in the
technology of public transportation and
any barriers to their implementation, (2)
procedural improvements which can be
made to the delivery of all capital
projects, program-wide, (3) ways to
improve project delivery through
innovations in financial arrangements
and partnerships with private sector
project developers.
DATES: FTA will open its XPEDITE
Online Dialogue on its Web site no later
than September 8, 2015.
FOR FURTHER INFORMATION CONTACT: For
specific information regarding the
initiative please contact Tom Yedinak,
Office of Budget and Policy, phone:
(202) 366–5137, or email: tom.yedinak@
dot.gov.
SUPPLEMENTARY INFORMATION:
1. Background
Each year the Federal Transit
Administration (FTA), together with its
transit industry partners, invests
billions of dollars in capital projects
designed to improve public
transportation by reinvesting in existing
assets to assure that they are in a state
of good repair, implementing
technological improvements in public
transportation equipment and facilities,
and increasing the extent and quality of
public transportation service by making
new investments. These projects take
considerable amounts of time to plan,
design, develop, approve and deploy.
While it is important to take time to
ensure that only well-conceived projects
are implemented in the most efficient
and effective manner, taking too much
time delays the delivery of the intended
benefits of the projects to the riding
public and may increase the cost of the
project. In addition, there is a wide
range of technological innovations
which are not being adopted as widely
as possible, resulting in missed
opportunities to improve the efficiency
and effectiveness of public
transportation.
FTA funds larger-scale capital
projects in a number of its grant
programs, including the Urbanized
Areas, Rural Areas, State of Good
Repair, and Bus and Bus Facilities
Formula Programs, as well as the
Capital Investment Grants Program.
While the very large investments in new
projects in the Capital Investment
Grants program tend to garner the most
attention, significant efforts to innovate
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
53387
and expedite such projects are well
underway. Capital projects supported by
the formula programs also take
considerable effort to plan, design,
obtain approval, and deliver. FTA is
interested in improving each aspect of
the project delivery process for all of its
programs.
FTA already has made considerable
progress to expedite FTA’s project
delivery processes. Pursuant to
Accelerated Project Delivery provisions
of Subtitle C of the Moving Ahead for
Progress in the 21st Century Act (MAP–
21), Public Law 112–141 (July 6, 2012),
FTA and FHWA undertook a series of
rulemakings that expedite compliance
with the National Environmental Policy
Act (NEPA), 42 U.S.C. 4321, et seq.
Above and beyond these joint efforts,
FTA established sixteen new Categorical
Exclusions that are specific to public
transportation projects. In addition, FTA
has taken steps to improve its oversight
processes by eliminating duplicative
reviews and taking a more risk-based
approach to determining oversight
topics needing special attention. FTA
also has streamlined the risk assessment
process for major projects, recently
concluded a top to bottom review of its
project management oversight program,
and in the near future will implement
a series of improvements to better focus
oversight of major projects.
Additionally, FTA has put in place a
number of features designed to
streamline the Capital Investment
Grants program, discussed in more
detail below. Finally, FTA has
developed and promoted a series of
technological improvements.
On a multimodal level, the
Department of Transportation (DOT) has
established a new Build America
Transportation Investment Center
(BATIC). This center is serving as a onestop shop for state and local
governments, public and private
developers, and investors seeking to use
innovative financing strategies for
transportation infrastructure projects.
Through this Web site and hands-on
support, advice, and expertise, the
Center provides navigator services for
all types of projects and project
sponsors. The Center is housed within
the Office of the Secretary, and draws
on expertise from across DOT’s
operating administrations.
By this notice, FTA is announcing a
multi-faceted program entitled the
Expedited Public Transportation
Improvement Initiative (‘‘XPEDITE’’).
The initiative will identify: (1)
Improvements in the technology of
public transportation and any barriers to
their implementation, (2) procedural
improvements which can be made to the
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03SEN1
53388
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
delivery of all capital projects, programwide, (3) ways to improve project
delivery through innovations in
financial arrangements and partnerships
with private sector project developers.
Each of these facets of the initiative is
discussed in the following sections. By
a separate notice, FTA is initiating
implementation of the Section 20008(b)
Pilot Program for Expedited Project
delivery for certain meritorious new
fixed guideway capital projects.
1. XPEDITE Innovation
As noted, each year, FTA invests
significantly in capital investments
through its formula programs. In
addition, FTA has invested significant
resources in the development of new
technologies which can make transit
more efficient and effective. Similar to
the Federal Highway Administration’s
Every Day Counts (EDC) program
https://www.fhwa.dot.gov/
everydaycounts/, FTA’s new XPEDITE
Innovation initiative will identify and
assist in rapidly deploying proven but
underutilized innovations. Proven
innovations and enhanced business
processes promoted through XPEDITE
Innovation will aim to improve the
efficiency and effectiveness of public
transportation and facilitate greater
efficiency in delivering projects, saving
time and resources that can be used to
deliver more projects for the same or
less money.
In selecting innovations to be
advanced, FTA would consider market
readiness, impacts, benefits and ease of
adoption of the innovation based on
transit leaders’ shared best practices.
Specifications, lessons learned and
relevant data are anticipated to be
shared among stakeholders through case
studies, webinars and round tables. The
result is intended to be rapid technology
transfer and accelerated deployment of
innovation across the nation.
Shortly, FTA will be initiating its
XPEDITE Online Dialogue. As part of
this effort, participants will be asked to
identify innovative concepts for the first
round of the XPEDITE Innovation
initiative. Concepts could cover either
technological innovations, including
those related to the construction of
transit capital improvements, or
improved business practices and design
and construction techniques which can
accelerate project deployment. FTA is
particularly interested in information
about barriers to the implementation of
technological improvements that may
exist in the administration of our
programs. These concepts would be
reviewed by FTA staff and a selected set
of concepts would become part of FTA’s
technical assistance to project sponsors.
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Jkt 235001
Importantly, these innovations could be
applied to a wide variety of capital
projects, funded under any of FTA’s
programs. In addition, FTA would
consider the input received as it updates
its administrative requirements and, if
necessary, propose changes in those
requirements, through its normal notice
and comment processes, to help
advance technological innovations.
2. XPEDITE Project Delivery Procedures
While the Capital Investment Grants
(CIG) program often receives the most
attention when it comes to ways in
which project delivery can be
expedited, it is important to note that
the vast majority of transit
improvements are made through FTA’s
formula programs. As noted earlier, FTA
has made significant strides in
improving the process for delivering
these projects, such as through
streamlining of the NEPA process.
However, FTA is interested in learning
more about innovations that might be
applicable to accelerate project delivery.
Thus, this part of the XPEDITE initiative
will address all facets of FTA’s
programs.
FTA recognizes that improvements in
the CIG program are especially
important to expediting project delivery.
Congress has recognized this issue by
enacting changes to FTA’s CIG program
in MAP–21. FTA has already made
significant progress in putting in place
the process streamlining changes made
by MAP–21. In implementing the
changes in the project justification
evaluation criteria for CIG projects, in
its 2013 final rule (49 CFR part 611),
FTA adopted measures which
streamline the evaluation process. FTA
also developed a simplified method that
project sponsors can use, at their option,
to predict the transit ridership, a key
component of these measures.
Procedurally the process has improved
as well. For example, the New Starts
process now requires only
acknowledgement of entry into Project
Development, and approval of entry into
the Engineering phase, eliminating the
requirement for an Alternatives
Analysis and approval of entry into
Final Design prior to the development of
a construction grant agreement. Further,
FTA has been working to better tailor
the requirements for Project
Management Oversight to the scope of
CIG projects and characteristics of
project sponsors.
On April 8, 2015, FTA issued draft
CIG program guidance to fully
implement the process changes made by
MAP–21 (80 FR 18796). On August 5,
2015, FTA issued this guidance in final
form (80 FR 46514). In this guidance,
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
FTA specified in more detail how the
streamlined procedures will work and
established criteria for the new Core
Capacity category of eligibility
established under MAP–21. In laying
out the process details and criteria FTA
focused on the need to simplify and
expedite project delivery. In
establishing the criteria for eligibility
and evaluation of Core Capacity
projects, FTA defined terms in a way
that the measures can be easily applied.
FTA established a series of ‘‘warrants’’
or pre-qualification measures which
will allow project sponsors to receive
ratings on a number of evaluation
criteria for New Starts, Small Starts, and
Core Capacity projects without requiring
detailed travel forecasts. In the
guidance, FTA also indicated it will
continue to streamline the process for
establishing the cost, scope, and
schedule for CIG projects to a reasonable
level of confidence, which is now
accomplished in a number of ways,
such as risk assessments, at several
steps in the project development
process. FTA acknowledges that there
may be ways to achieve the same goals
in a manner which may take less time
and effort and asked that comments to
the docket on the draft guidance address
this issue.
Under MAP–21, Congress also
enacted Section 20008(b), which
established a pilot program for new
fixed guideway or core capacity projects
providing that project sponsors who
demonstrate innovative project
development and delivery methods or
innovative financing arrangements and
are in a state of good repair could be
allowed to receive a full funding grant
agreement under an expedited process.
FTA must select three projects for the
program, one of which requests greater
than $100 million in Section 5309
Capital Investment Grant funds, one of
which requests less than $100 million in
Section 5309 funds, and the third being
unspecified. Section 20008(b) requires
that projects seeking to be included in
the pilot program have a Government
share that does not exceed 50 percent of
the total project cost (not just the
Section 5309 share but the entire
Federal share of the project). Projects
already in receipt of a Full Funding
Grant Agreement (FFGA) are not
eligible. FTA has published a separate
Federal Register notice to implement
this pilot program (80 FR 38801).
In this spirit of expediting project
delivery, FTA is interested in learning
about ways in which the procedures for
deploying transit capital projects can be
improved, program-wide. As a part of
the XPEDITE Online Dialogue, FTA will
be asking project sponsors who have
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Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
successfully implemented new methods
of delivering transit capital
improvements to submit their ideas.
These ideas can include all aspects of
project delivery including approval,
construction administration,
procurement, compliance with NEPA,
and right-of-way acquisition. FTA also
is interested in learning more about
barriers to quick implementation of
projects both in terms of its own
internal business processes as well as
processes related to the delivery of
projects by grantees. The focus should
be on ways to speed up the delivery of
projects and to address the challenges
presented by limited budgets without
compromising quality or safety. Even as
the Section 20008(b) pilot program
proceeds, FTA believes that there may
be steps that can be taken to expedite
the delivery of CIG projects, beyond the
changes being presented in the draft
interim guidance implementing the
process changes made by MAP–21.
Accordingly, project sponsors should
feel free to submit any such ideas to the
XPEDITE Online Dialogue as well. As
with XPEDITE Innovation, FTA would
consider the input received as it updates
its administrative requirements and, if
necessary, propose changes in those
requirements, through its normal notice
and comment processes, to help
advance methods to expedite project
delivery procedures.
3. XPEDITE Financial Innovation
Many observers of public
transportation believe that there are
efficiencies in the delivery of capital
projects which can be achieved through
the application of improvements in the
financing of these projects and through
an enhanced partnership role for the
private sector. FTA is already
undertaking efforts in this area both on
its own and as a part of the DOT’s
BATIC, described earlier. On August 25,
2014, FTA published a final circular
clarifying the requirements related to
Joint Development projects, with an eye
toward facilitating these important
adjuncts to FTA’s capital investments
(79 FR 50728). In addition, this circular
provides a framework under which
Value Capture techniques could be
brought to bear to help finance transit
capital investments. Public
transportation infrastructure
investments can increase adjacent land
values, generating an ‘‘unearned’’ profit
for private landowners. A portion of
these increases in land value can be
‘‘captured’’ and used for, among other
things, public transportation
infrastructure or revenue service
operation. Thus, Value Capture
internalizes the positive externalities of
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14:42 Sep 02, 2015
Jkt 235001
public transportation investments. In
June 2013, FTA held a Value Capture
forum with experts that had proven
experience with Value Capture
techniques to learn more about how
these techniques can be used
throughout the industry.
Congress enacted Section 20013 and
amended 49 U.S.C. 5315 (Section 5315)
in MAP–21. Specifically, FTA is to: (a)
Identify public transportation laws,
regulations or practices that impede
public-private partnerships or private
investment in transit capital projects,
and develop procedures through
regulation to address, on a project basis,
legal impediments to the use of publicprivate partnerships and private
investment as well as procedures to
protect the public interest and any
public investment in public
transportation capital projects that
involve public-private partnerships or
private investment in public
transportation capital projects; (b)
develop guidance to promote greater
transparency and public access to
public-private partnerships agreements;
and (c) provide technical assistance on
best practices and methods for using
private providers of public
transportation and using public-private
partnerships for alternative project
delivery of fixed guideway capital
projects. However, FTA may not waive
any provision of Federal law, including
labor protections of 49 U.S.C. 5333 and
NEPA. FTA has undertaken a number of
steps to implement these provisions.
To initiate this effort, FTA has posted
information on the basics of publicprivate partnerships identified through
workshops and studies and also
included successful public-private
partnership contract terms on its Private
Sector Participation Web page, https://
www.fta.dot.gov/grants/16030.html.
Further, in December 2014, FTA
conducted an on-line dialogue on the
subject of Section 5315. More
information may be found at https://
usdot.uservoice.com/forums/268166private-sector-participation-in-publictransportat/category/88630impediments-to-greater-private-sectorinvolvement. FTA is now in the process
of reviewing the comments, and expects
to publish a notice of proposed
rulemaking (NPRM) in the near future
which will lay out ways in which FTA
can improve its processes to expedite
project delivery through public-private
partnerships. This notice and ultimate
final rule will be the main way in which
the goal of expediting project delivery is
addressed through involvement of
private sector partners. Parties
interested in this facet of FTA’s
Expedited Project Delivery Initiative
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
53389
should participate in that rulemaking
process by providing comments on the
NPRM when it is issued.
In the interim, FTA invites interested
parties to include comments in the
upcoming XPEDITE Online Dialogue.
FTA is particularly interested in hearing
from project sponsors who are
considering pursuing Value Capture as
part of their project financing
arrangements. FTA would like to
explore what mechanisms might be
used, and how FTA could work to
facilitate such arrangements. FTA
invites comments on this issue. Again,
FTA would consider the input received
as it updates its administrative
requirements and, if necessary, propose
changes in those requirements, through
its normal notice and comment
processes, to help advance financial
innovation in public transportation.
Signed this 28th day of August, 2015, in
Washington, DC.
Matthew J. Welbes,
Executive Director.
[FR Doc. 2015–21790 Filed 9–2–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 670 (Sub-No. 2)]
Notice of Rail Energy Transportation
Advisory Committee Vacancy
Surface Transportation Board.
Notice of vacancy on federal
advisory committee and solicitation of
nominations.
AGENCY:
ACTION:
The Surface Transportation
Board (Board) hereby gives notice of one
vacancy on its Rail Energy
Transportation Advisory Committee
(RETAC) for a representative of the
electric utility industry. The Board is
soliciting suggestions from the public
for a candidate to fill this vacancy.
DATES: Suggestions for a candidate for
membership on RETAC are due October
1, 2015.
ADDRESSES: Suggestions may be
submitted either via the Board’s e-filing
format or in paper format. Any person
using e-filing should attach a document
and otherwise comply with the
instructions at the E–FILING link on the
Board’s Web site, at https://
www.stb.dot.gov. Any person submitting
a filing in paper format should send the
original and 10 copies to: Surface
Transportation Board, Attn: Docket No.
EP 670 (Sub-No. 2), 395 E Street SW.,
Washington, DC 20423–0001.
SUMMARY:
E:\FR\FM\03SEN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53387-53389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21790]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Expedited Public Transportation Improvement Initiative
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of initiative and online dialogue
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
establishment of a multi-faceted Expedited Public Transportation
Improvement Initiative (``XPEDITE'') and solicits participation in a
forthcoming Online Dialogue on the initiative. The goal of XPEDITE is
to facilitate the transit industry's implementation of:
Proven technologies to improve service delivery and
maintenance for the public transit industry
Proven methods to speed up planning, development, approval and
delivery of FTA supported capital investments; and
Innovative financing methods and opportunities for public-
private partnerships that support capital investments
During the XPEDITE Online Dialogue FTA will be asking you to identify
(1) possible improvements in the technology of public transportation
and any barriers to their implementation, (2) procedural improvements
which can be made to the delivery of all capital projects, program-
wide, (3) ways to improve project delivery through innovations in
financial arrangements and partnerships with private sector project
developers.
DATES: FTA will open its XPEDITE Online Dialogue on its Web site no
later than September 8, 2015.
FOR FURTHER INFORMATION CONTACT: For specific information regarding the
initiative please contact Tom Yedinak, Office of Budget and Policy,
phone: (202) 366-5137, or email: tom.yedinak@dot.gov.
SUPPLEMENTARY INFORMATION:
1. Background
Each year the Federal Transit Administration (FTA), together with
its transit industry partners, invests billions of dollars in capital
projects designed to improve public transportation by reinvesting in
existing assets to assure that they are in a state of good repair,
implementing technological improvements in public transportation
equipment and facilities, and increasing the extent and quality of
public transportation service by making new investments. These projects
take considerable amounts of time to plan, design, develop, approve and
deploy. While it is important to take time to ensure that only well-
conceived projects are implemented in the most efficient and effective
manner, taking too much time delays the delivery of the intended
benefits of the projects to the riding public and may increase the cost
of the project. In addition, there is a wide range of technological
innovations which are not being adopted as widely as possible,
resulting in missed opportunities to improve the efficiency and
effectiveness of public transportation.
FTA funds larger-scale capital projects in a number of its grant
programs, including the Urbanized Areas, Rural Areas, State of Good
Repair, and Bus and Bus Facilities Formula Programs, as well as the
Capital Investment Grants Program. While the very large investments in
new projects in the Capital Investment Grants program tend to garner
the most attention, significant efforts to innovate and expedite such
projects are well underway. Capital projects supported by the formula
programs also take considerable effort to plan, design, obtain
approval, and deliver. FTA is interested in improving each aspect of
the project delivery process for all of its programs.
FTA already has made considerable progress to expedite FTA's
project delivery processes. Pursuant to Accelerated Project Delivery
provisions of Subtitle C of the Moving Ahead for Progress in the 21st
Century Act (MAP-21), Public Law 112-141 (July 6, 2012), FTA and FHWA
undertook a series of rulemakings that expedite compliance with the
National Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq. Above
and beyond these joint efforts, FTA established sixteen new Categorical
Exclusions that are specific to public transportation projects. In
addition, FTA has taken steps to improve its oversight processes by
eliminating duplicative reviews and taking a more risk-based approach
to determining oversight topics needing special attention. FTA also has
streamlined the risk assessment process for major projects, recently
concluded a top to bottom review of its project management oversight
program, and in the near future will implement a series of improvements
to better focus oversight of major projects. Additionally, FTA has put
in place a number of features designed to streamline the Capital
Investment Grants program, discussed in more detail below. Finally, FTA
has developed and promoted a series of technological improvements.
On a multimodal level, the Department of Transportation (DOT) has
established a new Build America Transportation Investment Center
(BATIC). This center is serving as a one-stop shop for state and local
governments, public and private developers, and investors seeking to
use innovative financing strategies for transportation infrastructure
projects. Through this Web site and hands-on support, advice, and
expertise, the Center provides navigator services for all types of
projects and project sponsors. The Center is housed within the Office
of the Secretary, and draws on expertise from across DOT's operating
administrations.
By this notice, FTA is announcing a multi-faceted program entitled
the Expedited Public Transportation Improvement Initiative
(``XPEDITE''). The initiative will identify: (1) Improvements in the
technology of public transportation and any barriers to their
implementation, (2) procedural improvements which can be made to the
[[Page 53388]]
delivery of all capital projects, program-wide, (3) ways to improve
project delivery through innovations in financial arrangements and
partnerships with private sector project developers. Each of these
facets of the initiative is discussed in the following sections. By a
separate notice, FTA is initiating implementation of the Section
20008(b) Pilot Program for Expedited Project delivery for certain
meritorious new fixed guideway capital projects.
1. XPEDITE Innovation
As noted, each year, FTA invests significantly in capital
investments through its formula programs. In addition, FTA has invested
significant resources in the development of new technologies which can
make transit more efficient and effective. Similar to the Federal
Highway Administration's Every Day Counts (EDC) program https://www.fhwa.dot.gov/everydaycounts/, FTA's new XPEDITE Innovation
initiative will identify and assist in rapidly deploying proven but
underutilized innovations. Proven innovations and enhanced business
processes promoted through XPEDITE Innovation will aim to improve the
efficiency and effectiveness of public transportation and facilitate
greater efficiency in delivering projects, saving time and resources
that can be used to deliver more projects for the same or less money.
In selecting innovations to be advanced, FTA would consider market
readiness, impacts, benefits and ease of adoption of the innovation
based on transit leaders' shared best practices. Specifications,
lessons learned and relevant data are anticipated to be shared among
stakeholders through case studies, webinars and round tables. The
result is intended to be rapid technology transfer and accelerated
deployment of innovation across the nation.
Shortly, FTA will be initiating its XPEDITE Online Dialogue. As
part of this effort, participants will be asked to identify innovative
concepts for the first round of the XPEDITE Innovation initiative.
Concepts could cover either technological innovations, including those
related to the construction of transit capital improvements, or
improved business practices and design and construction techniques
which can accelerate project deployment. FTA is particularly interested
in information about barriers to the implementation of technological
improvements that may exist in the administration of our programs.
These concepts would be reviewed by FTA staff and a selected set of
concepts would become part of FTA's technical assistance to project
sponsors. Importantly, these innovations could be applied to a wide
variety of capital projects, funded under any of FTA's programs. In
addition, FTA would consider the input received as it updates its
administrative requirements and, if necessary, propose changes in those
requirements, through its normal notice and comment processes, to help
advance technological innovations.
2. XPEDITE Project Delivery Procedures
While the Capital Investment Grants (CIG) program often receives
the most attention when it comes to ways in which project delivery can
be expedited, it is important to note that the vast majority of transit
improvements are made through FTA's formula programs. As noted earlier,
FTA has made significant strides in improving the process for
delivering these projects, such as through streamlining of the NEPA
process. However, FTA is interested in learning more about innovations
that might be applicable to accelerate project delivery. Thus, this
part of the XPEDITE initiative will address all facets of FTA's
programs.
FTA recognizes that improvements in the CIG program are especially
important to expediting project delivery. Congress has recognized this
issue by enacting changes to FTA's CIG program in MAP-21. FTA has
already made significant progress in putting in place the process
streamlining changes made by MAP-21. In implementing the changes in the
project justification evaluation criteria for CIG projects, in its 2013
final rule (49 CFR part 611), FTA adopted measures which streamline the
evaluation process. FTA also developed a simplified method that project
sponsors can use, at their option, to predict the transit ridership, a
key component of these measures. Procedurally the process has improved
as well. For example, the New Starts process now requires only
acknowledgement of entry into Project Development, and approval of
entry into the Engineering phase, eliminating the requirement for an
Alternatives Analysis and approval of entry into Final Design prior to
the development of a construction grant agreement. Further, FTA has
been working to better tailor the requirements for Project Management
Oversight to the scope of CIG projects and characteristics of project
sponsors.
On April 8, 2015, FTA issued draft CIG program guidance to fully
implement the process changes made by MAP-21 (80 FR 18796). On August
5, 2015, FTA issued this guidance in final form (80 FR 46514). In this
guidance, FTA specified in more detail how the streamlined procedures
will work and established criteria for the new Core Capacity category
of eligibility established under MAP-21. In laying out the process
details and criteria FTA focused on the need to simplify and expedite
project delivery. In establishing the criteria for eligibility and
evaluation of Core Capacity projects, FTA defined terms in a way that
the measures can be easily applied. FTA established a series of
``warrants'' or pre-qualification measures which will allow project
sponsors to receive ratings on a number of evaluation criteria for New
Starts, Small Starts, and Core Capacity projects without requiring
detailed travel forecasts. In the guidance, FTA also indicated it will
continue to streamline the process for establishing the cost, scope,
and schedule for CIG projects to a reasonable level of confidence,
which is now accomplished in a number of ways, such as risk
assessments, at several steps in the project development process. FTA
acknowledges that there may be ways to achieve the same goals in a
manner which may take less time and effort and asked that comments to
the docket on the draft guidance address this issue.
Under MAP-21, Congress also enacted Section 20008(b), which
established a pilot program for new fixed guideway or core capacity
projects providing that project sponsors who demonstrate innovative
project development and delivery methods or innovative financing
arrangements and are in a state of good repair could be allowed to
receive a full funding grant agreement under an expedited process. FTA
must select three projects for the program, one of which requests
greater than $100 million in Section 5309 Capital Investment Grant
funds, one of which requests less than $100 million in Section 5309
funds, and the third being unspecified. Section 20008(b) requires that
projects seeking to be included in the pilot program have a Government
share that does not exceed 50 percent of the total project cost (not
just the Section 5309 share but the entire Federal share of the
project). Projects already in receipt of a Full Funding Grant Agreement
(FFGA) are not eligible. FTA has published a separate Federal Register
notice to implement this pilot program (80 FR 38801).
In this spirit of expediting project delivery, FTA is interested in
learning about ways in which the procedures for deploying transit
capital projects can be improved, program-wide. As a part of the
XPEDITE Online Dialogue, FTA will be asking project sponsors who have
[[Page 53389]]
successfully implemented new methods of delivering transit capital
improvements to submit their ideas. These ideas can include all aspects
of project delivery including approval, construction administration,
procurement, compliance with NEPA, and right-of-way acquisition. FTA
also is interested in learning more about barriers to quick
implementation of projects both in terms of its own internal business
processes as well as processes related to the delivery of projects by
grantees. The focus should be on ways to speed up the delivery of
projects and to address the challenges presented by limited budgets
without compromising quality or safety. Even as the Section 20008(b)
pilot program proceeds, FTA believes that there may be steps that can
be taken to expedite the delivery of CIG projects, beyond the changes
being presented in the draft interim guidance implementing the process
changes made by MAP-21. Accordingly, project sponsors should feel free
to submit any such ideas to the XPEDITE Online Dialogue as well. As
with XPEDITE Innovation, FTA would consider the input received as it
updates its administrative requirements and, if necessary, propose
changes in those requirements, through its normal notice and comment
processes, to help advance methods to expedite project delivery
procedures.
3. XPEDITE Financial Innovation
Many observers of public transportation believe that there are
efficiencies in the delivery of capital projects which can be achieved
through the application of improvements in the financing of these
projects and through an enhanced partnership role for the private
sector. FTA is already undertaking efforts in this area both on its own
and as a part of the DOT's BATIC, described earlier. On August 25,
2014, FTA published a final circular clarifying the requirements
related to Joint Development projects, with an eye toward facilitating
these important adjuncts to FTA's capital investments (79 FR 50728). In
addition, this circular provides a framework under which Value Capture
techniques could be brought to bear to help finance transit capital
investments. Public transportation infrastructure investments can
increase adjacent land values, generating an ``unearned'' profit for
private landowners. A portion of these increases in land value can be
``captured'' and used for, among other things, public transportation
infrastructure or revenue service operation. Thus, Value Capture
internalizes the positive externalities of public transportation
investments. In June 2013, FTA held a Value Capture forum with experts
that had proven experience with Value Capture techniques to learn more
about how these techniques can be used throughout the industry.
Congress enacted Section 20013 and amended 49 U.S.C. 5315 (Section
5315) in MAP-21. Specifically, FTA is to: (a) Identify public
transportation laws, regulations or practices that impede public-
private partnerships or private investment in transit capital projects,
and develop procedures through regulation to address, on a project
basis, legal impediments to the use of public-private partnerships and
private investment as well as procedures to protect the public interest
and any public investment in public transportation capital projects
that involve public-private partnerships or private investment in
public transportation capital projects; (b) develop guidance to promote
greater transparency and public access to public-private partnerships
agreements; and (c) provide technical assistance on best practices and
methods for using private providers of public transportation and using
public-private partnerships for alternative project delivery of fixed
guideway capital projects. However, FTA may not waive any provision of
Federal law, including labor protections of 49 U.S.C. 5333 and NEPA.
FTA has undertaken a number of steps to implement these provisions.
To initiate this effort, FTA has posted information on the basics
of public-private partnerships identified through workshops and studies
and also included successful public-private partnership contract terms
on its Private Sector Participation Web page, https://www.fta.dot.gov/grants/16030.html. Further, in December 2014, FTA conducted an on-line
dialogue on the subject of Section 5315. More information may be found
at https://usdot.uservoice.com/forums/268166-private-sector-participation-in-public-transportat/category/88630-impediments-to-greater-private-sector-involvement. FTA is now in the process of
reviewing the comments, and expects to publish a notice of proposed
rulemaking (NPRM) in the near future which will lay out ways in which
FTA can improve its processes to expedite project delivery through
public-private partnerships. This notice and ultimate final rule will
be the main way in which the goal of expediting project delivery is
addressed through involvement of private sector partners. Parties
interested in this facet of FTA's Expedited Project Delivery Initiative
should participate in that rulemaking process by providing comments on
the NPRM when it is issued.
In the interim, FTA invites interested parties to include comments
in the upcoming XPEDITE Online Dialogue. FTA is particularly interested
in hearing from project sponsors who are considering pursuing Value
Capture as part of their project financing arrangements. FTA would like
to explore what mechanisms might be used, and how FTA could work to
facilitate such arrangements. FTA invites comments on this issue.
Again, FTA would consider the input received as it updates its
administrative requirements and, if necessary, propose changes in those
requirements, through its normal notice and comment processes, to help
advance financial innovation in public transportation.
Signed this 28th day of August, 2015, in Washington, DC.
Matthew J. Welbes,
Executive Director.
[FR Doc. 2015-21790 Filed 9-2-15; 8:45 am]
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