Joint Development: Proposed Updated Circular, 16339-16340 [2019-07812]

Download as PDF Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices III. Discussion of Comments FMCSA received no comments in this proceeding. jbell on DSK30RV082PROD with NOTICES IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption for up to five years from the epilepsy and seizure disorder prohibition in 49 CFR 391.41(b)(8) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver’s medical certification. In reaching the decision to grant these exemption requests, FMCSA considered the 2007 recommendations of the Agency’s Medical Expert Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) provides the current MEP recommendations which is the criteria the Agency uses to grant seizure exemptions. The Agency’s decision regarding these exemption applications is based on an individualized assessment of each applicant’s medical information, including the root cause of the respective seizure(s) and medical information about the applicant’s seizure history, the length of time that has elapsed since the individual’s last seizure, the stability of each individual’s treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinician’s medical opinion related to the ability of the driver to safely operate a CMV with a history of seizure and each applicant’s driving record found in the Commercial Driver’s License Information System (CDLIS) for commercial driver’s license (CDL) holders, and interstate and intrastate inspections recorded in the Motor Carrier Management Information System (MCMIS). For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency (SDLA). A summary of each applicant’s seizure history was discussed in the February 21, 2019, Federal Register notice (84 FR 5552) and will not be repeated in this notice. These six applicants have been seizure-free over a range of 24 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last two years. In each case, the applicant’s treating physician verified his or her seizure history and supports the ability to drive commercially. VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety. Consequently, FMCSA finds that in each case exempting these applicants from the epilepsy and seizure disorder prohibition in 49 CFR 391.41(b)(8) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must remain seizure-free and maintain a stable treatment during the two-year exemption period; (2) each driver must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; (3) each driver must undergo an annual medical examination by a certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy of his/her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the six exemption applications, FMCSA exempts the following drivers from the epilepsy and seizure disorder prohibition, 49 CFR 391.41(b)(8), subject to the requirements cited above: John D. Archer (MO) Travis W. Flowers (VA) Stephen T. Root (NY) Jeffrey L. Slagan (WI) Dereck Welch (FL) Mark D. Wray (NY) In accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 16339 of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: April 11, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–07793 Filed 4–17–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2019–0002] Joint Development: Proposed Updated Circular Federal Transit Administration (FTA), DOT. ACTION: Notice of availability of update to joint development circular and request for comments. AGENCY: The Federal Transit Administration (FTA) has placed in the docket and on its website proposed changes to an existing Circular (7050.1A) on joint development projects using FTA funds or FTA-funded property. The purpose of these proposed changes is to increase flexibility for project sponsors to pursue joint development projects, reduce FTA oversight of joint development agreements negotiated between project sponsors and their partners, streamline FTA’s project eligibility review process, and clarify prior guidance in FTA Circular 7050.1A: FTA Guidance on Joint Development. If proposed changes are approved, the revised document will be renumbered as Circular 7050.1B: FTA Guidance on Joint Development. By this notice, FTA seeks public comment on proposed changes, which are at pages III–6, VI–1, VI–2, VI–4, VI–5, and VI–6 of the Circular. DATES: Comments must be submitted by June 3, 2019. Late filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by only one of the following methods, identifying your submission by DOT Docket Number FTA–2019– 0002. All electronic submissions must be made to the U.S. Government electronic site at https:// www.regulations.gov. Federal e-Rulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting comments. SUMMARY: E:\FR\FM\18APN1.SGM 18APN1 jbell on DSK30RV082PROD with NOTICES 16340 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices 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–2019–0002) for this notice at the beginning of each submission of your comments. Submit two copies of your comments if you submit them by mail. For confirmation that FTA received your comments, include a selfaddressed stamped postcard. All comments received will be posted without change to 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) or https:// DocketsInfo.dot.gov. Docket: For access to the docket to read background documents and comments received, go to www.regulations.gov at any time or to 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 between 9:00 a.m. and 5:00 p.m. Eastern Standard Time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For policy guidance questions, Daniel Schned, Office of Budget and Policy, Federal Transit Administration, 1200 New Jersey Ave. SE, Room E52–314, Washington, DC 20590, phone: (202) 366–1652, or email, daniel.schned@ dot.gov. For legal questions, Kathryn Loster, Office of Chief Counsel, 200 West Adams Street, Suite 320, Chicago, IL 60606, phone: (312) 353–3869; or email: kathryn.loster@dot.gov. SUPPLEMENTARY INFORMATION: This notice provides a summary of the proposed changes to Circular 7050.1A. The Circular itself is not included in this notice; instead, an electronic version may be found on FTA’s website at www.transit.dot.gov, and in the docket at www.regulations.gov. Paper copies of the Circular may be obtained by contacting FTA’s Administrative Services Help Desk at (202) 366–4865. Table of Contents I. Overview VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 II. Proposed changes to Circular 7050.1A A. Fair Share of Revenue B. Submission and Review Process I. Overview The proposed changes to Circular 7050.1A regarding joint development affect: (1) The minimum threshold for the statutory ‘‘fair share of revenue’’ requirement; and (2) the submission and review process for FTA-assisted joint development projects. II. Proposed Changes to Circular 7050.1A A. Fair Share of Revenue Section 5302(3)(G)(iii) of title 49, United States Code, requires FTAassisted joint development projects to provide a ‘‘fair share of revenue that will be used for public transportation.’’ Prior to the October 1, 2014 effective date of Circular 7050.1A, FTA generally deferred to a project sponsor’s assessment of a ‘‘fair share’’ of revenue, and did not require any specific amount of revenue for transit from a joint development project. FTA defined ‘‘fair share of revenue’’ in Circular 7050.1A to incorporate a minimum threshold that a joint development project must produce revenue for transit purposes that at least equals the federal government’s initial investment in the joint development project. (79 FR 50,728; 50,731–32). Over time, FTA has found that defining a fair share of revenue minimum threshold unnecessarily limits the pool of potential projects by reducing flexibility for project sponsors and their partners to determine what amounts to a fair share of revenue. Accordingly, FTA proposes to no longer define a minimum revenue threshold, or set a monetary requirement from a joint development project for transit purposes. Although FTA proposes to allow the amount and form of revenue received by the project sponsor to be negotiated between the joint development parties, consistent with Circular 7050.1A, the project sponsor must continue to report to FTA the amount and source of the revenue it will receive, and the revenue must be used for transit purposes. B. Submission and Review Process Circular 7050.1A prescribes a process by which project proposals are submitted to FTA for review. Currently, formal project proposals must include: (1) A completed project request form that contains pertinent information about the joint development project, including how the eligibility criteria are to be satisfied, (2) all proposed agreements between the project sponsor and project partners, (3) an executed PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 certificate of compliance, and (4) two forms identifying other required and supplemental documentation, including a baseline market analysis to demonstrate a good faith effort to provide a fair share of revenue to the project sponsor. FTA proposes to update the project request form to reflect the changes described in Section (A) above. The revised project request form will be published on FTA’s website at www.transit.dot.gov/jointdevelopment. FTA has also determined that elimination of the fair share of revenue minimum threshold makes the submission of a baseline market analysis and certificate of compliance unnecessary. Accordingly, FTA proposes to no longer require project sponsors to submit either document. FTA encourages project sponsors to conduct baseline market analyses to better understand current market conditions and evaluate the viability of joint development projects. The proposed changes will streamline the review of FTA-assisted joint development projects by reducing the amount of paperwork that project sponsors must prepare and FTA must review. FTA recommends that interested stakeholders review the proposed changes to the Circular carefully and provide comment on any impacts these proposed changes may have on future joint development projects. K. Jane Williams, Acting Administrator. [FR Doc. 2019–07812 Filed 4–17–19; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Proposed Collection of Information: Supporting Statement of Ownership for Overdue United States Bearer Securities Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning the Supporting Statement of SUMMARY: E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16339-16340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07812]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2019-0002]


Joint Development: Proposed Updated Circular

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability of update to joint development circular 
and request for comments.

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

SUMMARY: The Federal Transit Administration (FTA) has placed in the 
docket and on its website proposed changes to an existing Circular 
(7050.1A) on joint development projects using FTA funds or FTA-funded 
property. The purpose of these proposed changes is to increase 
flexibility for project sponsors to pursue joint development projects, 
reduce FTA oversight of joint development agreements negotiated between 
project sponsors and their partners, streamline FTA's project 
eligibility review process, and clarify prior guidance in FTA Circular 
7050.1A: FTA Guidance on Joint Development. If proposed changes are 
approved, the revised document will be renumbered as Circular 7050.1B: 
FTA Guidance on Joint Development. By this notice, FTA seeks public 
comment on proposed changes, which are at pages III-6, VI-1, VI-2, VI-
4, VI-5, and VI-6 of the Circular.

DATES: Comments must be submitted by June 3, 2019. Late filed comments 
will be considered to the extent practicable.

ADDRESSES: Please submit your comments by only one of the following 
methods, identifying your submission by DOT Docket Number FTA-2019-
0002. All electronic submissions must be made to the U.S. Government 
electronic site at https://www.regulations.gov.
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov and 
follow the online instructions for submitting comments.

[[Page 16340]]

    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-2019-0002) for this notice at 
the beginning of each submission of your comments. Submit two copies of 
your comments if you submit them by mail. For confirmation that FTA 
received your comments, include a self-addressed stamped postcard. All 
comments received will be posted without change to 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) or 
https://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents and 
comments received, go to www.regulations.gov at any time or to 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 between 9:00 a.m. and 5:00 p.m. Eastern Standard Time, Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For policy guidance questions, Daniel 
Schned, Office of Budget and Policy, Federal Transit Administration, 
1200 New Jersey Ave. SE, Room E52-314, Washington, DC 20590, phone: 
(202) 366-1652, or email, [email protected]. For legal questions, 
Kathryn Loster, Office of Chief Counsel, 200 West Adams Street, Suite 
320, Chicago, IL 60606, phone: (312) 353-3869; or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This notice provides a summary of the 
proposed changes to Circular 7050.1A. The Circular itself is not 
included in this notice; instead, an electronic version may be found on 
FTA's website at www.transit.dot.gov, and in the docket at 
www.regulations.gov. Paper copies of the Circular may be obtained by 
contacting FTA's Administrative Services Help Desk at (202) 366-4865.

Table of Contents

I. Overview
II. Proposed changes to Circular 7050.1A
    A. Fair Share of Revenue
    B. Submission and Review Process

I. Overview

    The proposed changes to Circular 7050.1A regarding joint 
development affect: (1) The minimum threshold for the statutory ``fair 
share of revenue'' requirement; and (2) the submission and review 
process for FTA-assisted joint development projects.

II. Proposed Changes to Circular 7050.1A

A. Fair Share of Revenue

    Section 5302(3)(G)(iii) of title 49, United States Code, requires 
FTA-assisted joint development projects to provide a ``fair share of 
revenue that will be used for public transportation.'' Prior to the 
October 1, 2014 effective date of Circular 7050.1A, FTA generally 
deferred to a project sponsor's assessment of a ``fair share'' of 
revenue, and did not require any specific amount of revenue for transit 
from a joint development project. FTA defined ``fair share of revenue'' 
in Circular 7050.1A to incorporate a minimum threshold that a joint 
development project must produce revenue for transit purposes that at 
least equals the federal government's initial investment in the joint 
development project. (79 FR 50,728; 50,731-32).
    Over time, FTA has found that defining a fair share of revenue 
minimum threshold unnecessarily limits the pool of potential projects 
by reducing flexibility for project sponsors and their partners to 
determine what amounts to a fair share of revenue. Accordingly, FTA 
proposes to no longer define a minimum revenue threshold, or set a 
monetary requirement from a joint development project for transit 
purposes.
    Although FTA proposes to allow the amount and form of revenue 
received by the project sponsor to be negotiated between the joint 
development parties, consistent with Circular 7050.1A, the project 
sponsor must continue to report to FTA the amount and source of the 
revenue it will receive, and the revenue must be used for transit 
purposes.

B. Submission and Review Process

    Circular 7050.1A prescribes a process by which project proposals 
are submitted to FTA for review. Currently, formal project proposals 
must include: (1) A completed project request form that contains 
pertinent information about the joint development project, including 
how the eligibility criteria are to be satisfied, (2) all proposed 
agreements between the project sponsor and project partners, (3) an 
executed certificate of compliance, and (4) two forms identifying other 
required and supplemental documentation, including a baseline market 
analysis to demonstrate a good faith effort to provide a fair share of 
revenue to the project sponsor.
    FTA proposes to update the project request form to reflect the 
changes described in Section (A) above. The revised project request 
form will be published on FTA's website at www.transit.dot.gov/jointdevelopment.
    FTA has also determined that elimination of the fair share of 
revenue minimum threshold makes the submission of a baseline market 
analysis and certificate of compliance unnecessary. Accordingly, FTA 
proposes to no longer require project sponsors to submit either 
document. FTA encourages project sponsors to conduct baseline market 
analyses to better understand current market conditions and evaluate 
the viability of joint development projects.
    The proposed changes will streamline the review of FTA-assisted 
joint development projects by reducing the amount of paperwork that 
project sponsors must prepare and FTA must review.
    FTA recommends that interested stakeholders review the proposed 
changes to the Circular carefully and provide comment on any impacts 
these proposed changes may have on future joint development projects.

K. Jane Williams,
Acting Administrator.
[FR Doc. 2019-07812 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-57-P

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