Private Enterprise Participation, 85676-85678 [2016-28479]
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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices
challenging. Moreover, individual,
isolated conditions may appear to be
harmless. However, a combination of
several seemingly harmless conditions
can present a serious safety hazard.
Examples of contributing factors or
actions roadway workers may face or
engage in that may have been a factor
in one or more roadway worker fatalities
since 2000 while the roadway workers
were performing work not covered by
FRA regulations include, but are not
limited to: Ascending or descending;
falling objects; electrocution; an
unanticipated energy release; slips, trips
and falls; hoisting or lowering an object;
off-track equipment striking roadway
workers; collisions between roadway
maintenance machines and standing
trains; highway vehicle collisions
(vehicle to vehicle); highway vehicles
striking roadway workers; and
environmental-related hazards
(swarming bees, mudslides, heat stroke,
flash floods, etc.).
FRA and the railroad industry have
witnessed success using the Good Faith
Challenge Procedures found in FRA’s
regulations 5 for situations when a
roadway worker believes the on-track
safety procedure being used is
inadequate for the work being
performed. In such a situation, the
roadway worker may remain clear of the
track until the challenged safety issue is
resolved without fear of retribution or
retaliation. Many railroads have adopted
Good Faith Challenge Procedures for
any safety-related concern, not just
those FRA regulates. FRA recommends
all railroads and railroad contractors
adopt appropriate Good Faith Challenge
Procedures for any recognized hazard
identified during job safety briefings or
any hazard otherwise arising during the
course of work activities roadway
worker believes requires remediation,
whether FRA, OSHA, or another Federal
agency regulate the that hazard.
Recommendations: In light of the
above discussion, and in an effort to
improve job safety briefings, improve
the identification and mitigation of
potential safety hazards existing in the
working environments of roadway
workers, and reduce the number of
injuries and fatalities occurring when
roadway workers are engaged in
activities outside the scope of FRA’s
safety regulations, FRA recommends
railroads and railroad contractors:
1. Develop hazard-recognition
strategies identifying and addressing
existing conditions posing actual or
potential safety hazards, emphasizing
the contributing factors or actions
5 See 49 CFR 214.311 (responsibility of employers
to implement Good Faith Challenge Procedures).
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involved in roadway worker-related
fatalities occurring since 2000.
2. Provide annual training to roadway
workers on the use of hazardrecognition strategies developed by the
railroad or the railroad contractor.
3. Institute procedures for mandatory
job safety briefings compliant with
OSHA’s regulations prior to initiating
any roadway worker activity. Consistent
with OSHA’s regulations, roadway
workers should use hazard-recognition
procedures to identify potential hazards
in their job briefings and then determine
the appropriate measures to mitigate the
identified hazards. If an unforeseen
situation develops during work
performance, roadway workers should
stop working and conduct a second job
briefing to determine the appropriate
means of mitigating the new hazard.
4. Develop and apply Good Faith
Challenge Procedures for all roadway
workers who, in good faith, believe a
task is unsafe or an identified hazard
has not been mitigated.
FRA encourages railroad and railroad
contractor industry members to take
actions consistent with the preceding
recommendations and any other actions
that may help ensure the safety of
roadway workers. Although the primary
purpose of this Safety Advisory is for
railroads and railroad contractors to
apply these recommendations to
activities that fall outside the scope of
FRA’s safety regulations, FRA also
encourages the industry to apply these
recommendations to activities FRA’s
regulations govern.
FRA may modify this Safety
Advisory, issue additional safety
advisories, or take other appropriate
actions necessary to ensure the safety of
the Nation’s railroads, including
pursuing other corrective measures
under its safety laws and regulations.
private enterprise participation
requirements under the Moving Ahead
for Progress in the 21st Century Act
(MAP–21). It also includes additional
clarifications under the Fixing
America’s Surface Transportation
(FAST) Act. Because the policy
guidance requirement reiterates existing
statutes and regulations and imposes no
new requirements on recipients, FTA is
not soliciting public comment on this
policy guidance.
DATES: Effective Date: This policy
guidance will be effective January 12,
2017.
FOR FURTHER INFORMATION CONTACT: For
policy guidance questions, Kimberly
Gayle, Office of Budget and Policy,
telephone: 202–366–1429; or email:
Kimberly.Gayle@dot.gov. For legal
questions, Dana Nifosi, Office of Chief
Counsel, telephone: 202–366–1936; or
email: Dana.Nifosi@dot.gov.
I. Background
The FTA is issuing this policy
guidance pursuant to Section 20013(d)
of the Moving Ahead for Progress in the
21st Century Act (MAP–21) (Pub. L.
112–141). Section 20013(d) requires the
Secretary of Transportation to publish
policy guidance regarding how
recipients of Federal financial assistance
under 49 U.S.C. chapter 53 can best
document compliance with the
requirements for private enterprise
participation in public transportation
planning and transportation
improvement programs contained in
sections 5303(i)(6), 5306(a), and
5307(b)1 of title 49, United States Code.
AGENCY:
A. Statutory Requirements for Private
Enterprise Participation
Section 5303(i)(6) requires that each
metropolitan planning organization
(MPO) provide interested parties,
including private providers of
transportation, with a reasonable
opportunity to comment on the
metropolitan transportation plan (MTP).
The Fixing America’s Surface
Transportation (FAST) Act (Pub. L. 114–
94) amended this section to include the
following private providers: ‘‘intercity
bus operators, employer-based
commuting programs, such as a carpool
program, vanpool program, transit
benefit program, parking cash-out
program, shuttle program, or telework
program.’’ In addition, MPOs must
develop a participation plan that defines
The Federal Transit
Administration (FTA) hereby
establishes policy guidance for
documenting compliance with the
1 FTA notes that Section 20013(d) of MAP–21
refers to 49 U.S.C. 5307(c); however, the private
transportation provider participation requirement is
contained within 5307(b). Section 3010(b) of the
Fixing America’s Surface Transportation Act makes
a technical correction to reference the correct
subsection.
Issued in Washington, DC, on November
22, 2016.
John K. Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2016–28558 Filed 11–25–16; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Private Enterprise Participation
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of policy guidance.
SUMMARY:
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a process for providing all interested
parties, including private providers of
transportation, with reasonable
opportunities to be involved in the
metropolitan transportation planning
process. The MPO participation plan
must be developed in consultation with
all interested parties.
Section 5306(a) provides that a plan
or program required by 49 U.S.C. 5303,
5304, or 5305 must encourage, to the
maximum extent feasible, the
participation of private enterprise (Note:
49 U.S.C. 5305 simply provides formula
funding for the planning programs and
does not establish procedural
requirements.) 49 U.S.C. 5307(b)
requires recipients of Urbanized Area
Formula Grants to develop, in
consultation with interested parties,
including private transportation
providers, a proposed program of
projects (POP) for activities to be
financed.
B. Regulatory Requirements for
Metropolitan Planning Organizations in
Metropolitan Areas
The FTA and the Federal Highway
Administration (FHWA) recently
promulgated a joint final rule (Joint
Planning Rule) to update their
regulations governing the development
of MTPs and programs for urbanized
areas, long-range statewide
transportation plans and programs, and
the congestion management process, as
well as revisions related to the use of
and reliance on planning products
developed during the planning process
for project development and the
environmental review process. 81 FR
34049 (May 27, 2016), codified at 23
CFR part 450 and 49 CFR part 613. The
regulatory changes implement
amendments that MAP–21 and the
FAST Act made to the metropolitan
transportation planning and statewide
and non-metropolitan planning
processes.
Subpart C of the Joint Planning Rule
implements 49 U.S.C. 5303
Metropolitan transportation planning.
Each MPO must develop a
Transportation Improvement Program
(TIP) for the metropolitan planning area
that provides all interested parties with
a reasonable opportunity to comment on
the proposed TIP in accordance with a
documented participation plan that
defines a process for providing
individuals, affected public agencies,
representatives of public transportation
employees, public ports, freight
shippers, providers of freight
transportation services, private
providers of transportation (including
intercity bus operators, employer-based
commuting programs, such as carpool
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21:15 Nov 25, 2016
Jkt 241001
programs, vanpool programs, transit
benefit programs, parking cash-out
programs, shuttle programs, or telework
programs), representatives of users of
public transportation, representatives of
users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled, and
other interested parties with reasonable
opportunities to be involved in the
metropolitan transportation planning
process. 23 CFR 450.316(a), 450.326(b).
When an MPO submits a proposed TIP
to FTA and FHWA as part of the
Statewide Transportation Improvement
Program (STIP) approval process
outlined in 23 CFR part 450, subpart B,
the MPO must certify that the
metropolitan transportation planning
process is being carried out in
accordance with all applicable
requirements, including 49 U.S.C. 5303.
This self-certification must be made at
least every four years per 23 CFR
450.336.
C. Regulatory Requirements for
Statewide and Non-Metropolitan
Planning
Subpart B of the Joint Planning Rule
implements 49 U.S.C. 5304 Statewide
and metropolitan transportation
planning. Each state must undertake a
transportation planning process and
develop a long-range statewide
transportation plan and STIP, which
must be submitted, at least every four
years, to FTA and FHWA for joint
approval. When a state submits a STIP,
it must certify that the transportation
planning process is being carried out in
accordance with all applicable
requirements.
In implementing the statewide
transportation planning process, States
must develop and use a documented
public involvement process that, inter
alia, establishes early and continuous
public involvement opportunities that
provide timely information about issues
and decision-making processes to
individuals, affected public agencies,
representatives of public transportation
employees, public ports, freight
shippers, private providers of
transportation (including intercity bus
operators), representatives of users of
public transportation, representatives of
users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled,
providers of freight transportation
services, and other interested parties.
See, 23 CFR 450.210.
D. Section 5307 Certification
Section 5307(b) requires recipients of
urbanized area formula grants to
develop a POP in consultation with
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85677
interested parties, including private
transportation providers. Recipients
must then publish the proposed POP to
provide affected individuals, private
transportation providers and local
elected officials an opportunity to
examine and submit comments on the
proposed POP and performance of the
recipient. Recipients also must provide
an opportunity for a public hearing. In
preparing the final POP, recipients must
consider comments and views received,
especially those of private
transportation providers. A recipient of
Section 5307 funds must, in each fiscal
year in which it requests such funds,
submit a final POP and must certify that
it has complied with Section 5307(b).
FTA Circular 9030.1E, ‘‘Urbanized
Area Formula Program: Program
Guidance and Application Instructions
(January 16, 2014), includes guidance
that recipients may satisfy the
requirements of Section 5307(b) by
following the procedures of the public
involvement process outlined in the
FTA/FHWA planning regulations. The
Circular advises that a recipient that
chooses to integrate the metropolitan
planning process with the development
of the POP should coordinate with the
MPO and ensure that the public knows
that the recipient is using the public
participation process associated with
TIP development to satisfy the public
hearing requirements of Section 5307(b).
II. Policy Guidance
FTA has determined that the best way
to document compliance with the
private enterprise participation
provisions of 49 U.S.C. 5303(i)(6),
5306(a) and 5307(b) is to comply with
the public participation requirements
imposed by the recently promulgated
Joint Planning Rule. FTA’s recipients
will continue to submit the applicable
certifications required by Subparts B
and C of the Joint Planning Rule and 49
U.S.C. 5307 through the annual
certifications and assurances process. In
addition, recipients must retain, and
provide to FTA when requested,
documentation of participation by
interested parties in the metropolitan
and statewide planning processes, and
evidence of compliance with
participation plans and POPs, as
applicable, that are developed as part of
the 49 U.S.C. 5303 and 5304
metropolitan and statewide planning
processes and the 49 U.S.C. 5307
Urbanized Area Formula Grant process.
Accordingly, recipients shall
document compliance with the private
sector participation provisions through
the existing regulatory process
implementing Federal planning
requirements. FTA will verify
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85678
Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices
compliance through its current
oversight procedures either during the
triennial review, state management
review, planning certification review,
the STIP approval process, and the
Section 5307 grant application process.
Given that this policy guidance imposes
no new requirements, FTA is not
requesting public comment.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016–28479 Filed 11–25–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. USCG–2015–0472]
Deepwater Port License Application:
Delfin LNG LLC; Delfin LNG Deepwater
Port; Final Application Public Hearing
and Final Environmental Impact
Statement
Maritime Administration, U.S.
Department of Transportation.
ACTION: Notice of availability; notice of
public hearing; request for comments.
AGENCY:
The Maritime Administration
(MARAD), in cooperation with the U.S.
Coast Guard (USCG) and the Federal
Energy Regulatory Commission (FERC),
announces: (1) The schedule and
locations of public hearings; and (2) the
availability of the Final Environmental
Impact Statement (EIS) for the Delfin
LNG, LLC (Delfin LNG) deepwater port
license application for the exportation
of natural gas.
A Notice of Application that
summarized the original Delfin LNG
deepwater port license application was
published in the Federal Register on
July 16, 2015 (80 FR 42162). A Notice
of Intent (NOI) to Prepare an
Environmental Impact Statement (EIS)
and Notice of Public Meetings was
published in the Federal Register on
July 29, 2015 (80 FR 45270). A Notice
of Receipt of Amended Application was
published in the Federal Register on
December 24, 2015 (80 FR 80455). A
Notice of Availability (NOA) and Notice
of Public Meetings for the Draft EIS was
published in the Federal Register July
15, 2016 (81 FR 46157). This NOA
incorporates the aforementioned Notices
by reference.
The proposed Delfin LNG deepwater
port would be located in Federal waters
within the Outer Continental Shelf
(OCS) approximately 37.4 to 40.8
nautical miles off the coast of Cameron
Parish, Louisiana.
The proposed Delfin LNG deepwater
port incorporates onshore components,
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SUMMARY:
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21:15 Nov 25, 2016
Jkt 241001
which are subject to FERC jurisdiction.
These facilities are described in the
section of this Notice titled ‘‘FERC
Application.’’
Publication of this notice begins a 45day comment period, requests public
participation in the environmental
impact review process, provides
information on how to participate in the
process and announces final public
hearings in Cameron, Louisiana and
Beaumont, Texas. The Final EIS
complies with the Deepwater Port Act of
1974, as amended (33 United States
Code (U.S.C.) 1501 et seq.) (DWPA) and
the National Environmental Policy Act
(42 U.S.C. 4332(2)(C)) (NEPA), as
implemented by the Council on
Environmental Quality regulations (40
CFR 1500 to 1508). MARAD and the
USCG request public comments on the
Final EIS and the application.
Pursuant to the criteria provided in
the DWPA, both Louisiana and Texas
have been designated as Adjacent
Coastal States (ACS) for this application.
DATES: MARAD and USCG will hold
two public hearings in connection with
the license application’s Final EIS. The
first public hearing will be held in
Cameron, Louisiana, on December 13,
2016, from 6 p.m. to 8 p.m. The second
public hearing will be held in
Beaumont, Texas, on December 14,
2016, from 6 p.m. to 8 p.m. Each public
hearing will be preceded by an open
house from 4:30 p.m. to 5:30 p.m. The
public hearing may end later than the
stated time, depending on the number of
persons who wish to make a comment
on the record. Additionally, material
you submit in response to the request
for comments must reach
www.regulations.gov by close of
business January 12, 2017, or 45 days
after the date of publication of this NOA
in the Federal Register, whichever is
later.
Federal and State agencies must also
submit comments, recommended
conditions for licensing, or letters of no
objection by Friday, January 12, 2017, or
45 days after publication of this notice
in the Federal Register, whichever is
later. Also, within 45 days following the
final hearing, on or prior to January 30,
2017, the Governor of Louisiana and the
Governor of Texas (ACS Governors) may
approve, disapprove, or notify MARAD
of inconsistencies with State programs
relating to environmental protection,
land and water use, and coastal zone
management for which MARAD may
ensure consistency by placing
conditions on the license.
MARAD must issue a Record of
Decision (ROD) to approve, approve
with conditions, or deny the deepwater
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Fmt 4703
Sfmt 4703
port license application, within 90 days
following the final license hearing, on or
prior to March 14, 2017.
ADDRESSES: The open house and public
hearing in Cameron, Louisiana will be
held at the Johnson Bayou Community
Center, 5556 Gulf Beach Highway,
Cameron, LA, 70631; telephone: 337–
569–2454. Free parking is available at
the Community Center. The open house
and public hearing in Beaumont, Texas
will be held at the Holiday Inn
Beaumont Plaza, 3950 Walden Road,
Beaumont, Texas 77705; telephone:
409–842–5995. Free parking is available
at the Holiday Inn Beaumont Plaza.
The license application, comments,
supporting information and the Final
EIS are available for viewing at the
Regulations.gov Web site: https://
www.regulations.gov under docket
number USCG–2015–0472.
We encourage you to submit
comments electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. If you submit your
comments electronically, it is not
necessary to also submit a hard copy. If
you cannot submit material using https://
www.regulations.gov, please contact
either Mr. Roddy Bachman, USCG or
Ms. Yvette M. Fields, MARAD, as listed
in the following FOR FURTHER
INFORMATION CONTACT section of this
document. This section provides
alternate instructions for submitting
written comments. Additionally, if you
go to the online docket and sign up for
email alerts, you will be notified when
comments are posted. Anonymous
comments will be accepted. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Roddy Bachman, USCG, telephone:
202–372–1451, email:
Roddy.C.Bachman@uscg.mil; or Ms.
Yvette M. Fields, Director, Office of
Deepwater Ports and Offshore
Activities, MARAD, telephone: 202–
366–0926, email: Yvette.Fields@dot.gov.
SUPPLEMENTARY INFORMATION:
Request for Comments
We request public comments on the
Final EIS and the application. We also
encourage attendance at the open
houses and public hearings; however,
the public hearing is not the only
opportunity you have to comment. You
may submit comments electronically at
any time, as described in above in
ADDRESSES, to https://
www.regulations.gov under docket
number USCG–2015–0472.
E:\FR\FM\28NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85676-85678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28479]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Private Enterprise Participation
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of policy guidance.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) hereby establishes
policy guidance for documenting compliance with the private enterprise
participation requirements under the Moving Ahead for Progress in the
21st Century Act (MAP-21). It also includes additional clarifications
under the Fixing America's Surface Transportation (FAST) Act. Because
the policy guidance requirement reiterates existing statutes and
regulations and imposes no new requirements on recipients, FTA is not
soliciting public comment on this policy guidance.
DATES: Effective Date: This policy guidance will be effective January
12, 2017.
FOR FURTHER INFORMATION CONTACT: For policy guidance questions,
Kimberly Gayle, Office of Budget and Policy, telephone: 202-366-1429;
or email: Kimberly.Gayle@dot.gov. For legal questions, Dana Nifosi,
Office of Chief Counsel, telephone: 202-366-1936; or email:
Dana.Nifosi@dot.gov.
I. Background
The FTA is issuing this policy guidance pursuant to Section
20013(d) of the Moving Ahead for Progress in the 21st Century Act (MAP-
21) (Pub. L. 112-141). Section 20013(d) requires the Secretary of
Transportation to publish policy guidance regarding how recipients of
Federal financial assistance under 49 U.S.C. chapter 53 can best
document compliance with the requirements for private enterprise
participation in public transportation planning and transportation
improvement programs contained in sections 5303(i)(6), 5306(a), and
5307(b)\1\ of title 49, United States Code.
---------------------------------------------------------------------------
\1\ FTA notes that Section 20013(d) of MAP-21 refers to 49
U.S.C. 5307(c); however, the private transportation provider
participation requirement is contained within 5307(b). Section
3010(b) of the Fixing America's Surface Transportation Act makes a
technical correction to reference the correct subsection.
---------------------------------------------------------------------------
A. Statutory Requirements for Private Enterprise Participation
Section 5303(i)(6) requires that each metropolitan planning
organization (MPO) provide interested parties, including private
providers of transportation, with a reasonable opportunity to comment
on the metropolitan transportation plan (MTP). The Fixing America's
Surface Transportation (FAST) Act (Pub. L. 114-94) amended this section
to include the following private providers: ``intercity bus operators,
employer-based commuting programs, such as a carpool program, vanpool
program, transit benefit program, parking cash-out program, shuttle
program, or telework program.'' In addition, MPOs must develop a
participation plan that defines
[[Page 85677]]
a process for providing all interested parties, including private
providers of transportation, with reasonable opportunities to be
involved in the metropolitan transportation planning process. The MPO
participation plan must be developed in consultation with all
interested parties.
Section 5306(a) provides that a plan or program required by 49
U.S.C. 5303, 5304, or 5305 must encourage, to the maximum extent
feasible, the participation of private enterprise (Note: 49 U.S.C. 5305
simply provides formula funding for the planning programs and does not
establish procedural requirements.) 49 U.S.C. 5307(b) requires
recipients of Urbanized Area Formula Grants to develop, in consultation
with interested parties, including private transportation providers, a
proposed program of projects (POP) for activities to be financed.
B. Regulatory Requirements for Metropolitan Planning Organizations in
Metropolitan Areas
The FTA and the Federal Highway Administration (FHWA) recently
promulgated a joint final rule (Joint Planning Rule) to update their
regulations governing the development of MTPs and programs for
urbanized areas, long-range statewide transportation plans and
programs, and the congestion management process, as well as revisions
related to the use of and reliance on planning products developed
during the planning process for project development and the
environmental review process. 81 FR 34049 (May 27, 2016), codified at
23 CFR part 450 and 49 CFR part 613. The regulatory changes implement
amendments that MAP-21 and the FAST Act made to the metropolitan
transportation planning and statewide and non-metropolitan planning
processes.
Subpart C of the Joint Planning Rule implements 49 U.S.C. 5303
Metropolitan transportation planning. Each MPO must develop a
Transportation Improvement Program (TIP) for the metropolitan planning
area that provides all interested parties with a reasonable opportunity
to comment on the proposed TIP in accordance with a documented
participation plan that defines a process for providing individuals,
affected public agencies, representatives of public transportation
employees, public ports, freight shippers, providers of freight
transportation services, private providers of transportation (including
intercity bus operators, employer-based commuting programs, such as
carpool programs, vanpool programs, transit benefit programs, parking
cash-out programs, shuttle programs, or telework programs),
representatives of users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation facilities,
representatives of the disabled, and other interested parties with
reasonable opportunities to be involved in the metropolitan
transportation planning process. 23 CFR 450.316(a), 450.326(b). When an
MPO submits a proposed TIP to FTA and FHWA as part of the Statewide
Transportation Improvement Program (STIP) approval process outlined in
23 CFR part 450, subpart B, the MPO must certify that the metropolitan
transportation planning process is being carried out in accordance with
all applicable requirements, including 49 U.S.C. 5303. This self-
certification must be made at least every four years per 23 CFR
450.336.
C. Regulatory Requirements for Statewide and Non-Metropolitan Planning
Subpart B of the Joint Planning Rule implements 49 U.S.C. 5304
Statewide and metropolitan transportation planning. Each state must
undertake a transportation planning process and develop a long-range
statewide transportation plan and STIP, which must be submitted, at
least every four years, to FTA and FHWA for joint approval. When a
state submits a STIP, it must certify that the transportation planning
process is being carried out in accordance with all applicable
requirements.
In implementing the statewide transportation planning process,
States must develop and use a documented public involvement process
that, inter alia, establishes early and continuous public involvement
opportunities that provide timely information about issues and
decision-making processes to individuals, affected public agencies,
representatives of public transportation employees, public ports,
freight shippers, private providers of transportation (including
intercity bus operators), representatives of users of public
transportation, representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of the disabled,
providers of freight transportation services, and other interested
parties. See, 23 CFR 450.210.
D. Section 5307 Certification
Section 5307(b) requires recipients of urbanized area formula
grants to develop a POP in consultation with interested parties,
including private transportation providers. Recipients must then
publish the proposed POP to provide affected individuals, private
transportation providers and local elected officials an opportunity to
examine and submit comments on the proposed POP and performance of the
recipient. Recipients also must provide an opportunity for a public
hearing. In preparing the final POP, recipients must consider comments
and views received, especially those of private transportation
providers. A recipient of Section 5307 funds must, in each fiscal year
in which it requests such funds, submit a final POP and must certify
that it has complied with Section 5307(b).
FTA Circular 9030.1E, ``Urbanized Area Formula Program: Program
Guidance and Application Instructions (January 16, 2014), includes
guidance that recipients may satisfy the requirements of Section
5307(b) by following the procedures of the public involvement process
outlined in the FTA/FHWA planning regulations. The Circular advises
that a recipient that chooses to integrate the metropolitan planning
process with the development of the POP should coordinate with the MPO
and ensure that the public knows that the recipient is using the public
participation process associated with TIP development to satisfy the
public hearing requirements of Section 5307(b).
II. Policy Guidance
FTA has determined that the best way to document compliance with
the private enterprise participation provisions of 49 U.S.C.
5303(i)(6), 5306(a) and 5307(b) is to comply with the public
participation requirements imposed by the recently promulgated Joint
Planning Rule. FTA's recipients will continue to submit the applicable
certifications required by Subparts B and C of the Joint Planning Rule
and 49 U.S.C. 5307 through the annual certifications and assurances
process. In addition, recipients must retain, and provide to FTA when
requested, documentation of participation by interested parties in the
metropolitan and statewide planning processes, and evidence of
compliance with participation plans and POPs, as applicable, that are
developed as part of the 49 U.S.C. 5303 and 5304 metropolitan and
statewide planning processes and the 49 U.S.C. 5307 Urbanized Area
Formula Grant process.
Accordingly, recipients shall document compliance with the private
sector participation provisions through the existing regulatory process
implementing Federal planning requirements. FTA will verify
[[Page 85678]]
compliance through its current oversight procedures either during the
triennial review, state management review, planning certification
review, the STIP approval process, and the Section 5307 grant
application process. Given that this policy guidance imposes no new
requirements, FTA is not requesting public comment.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016-28479 Filed 11-25-16; 8:45 am]
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