Federal Transit Administration 2006 – Federal Register Recent Federal Regulation Documents
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Notice of Availability of Final Guidance on New Starts Policies and Procedures, Updated Reporting Instructions and New Starts Rating and Evaluation Process
This notice announces the availability of the Federal Transit Administration's (FTA) Final Guidance on New Starts Policies and Procedures which was initially issued for comment on January 19, 2006. This final Policy Guidance updates procedures for project planning and development to receive New Starts funding, in accordance with the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005]. The guidance explains changes to the New Starts program that will become effective on May 22, 2006. This notice also announces the availability of updated Reporting Instructions for the Section 5309 New Starts Criteria, which should be followed when reporting New Starts information for evaluation during the fiscal year (FY) 2008 project rating cycle, as well as any requests to enter into preliminary engineering, final design or a full funding grant agreement, and a detailed description of the FY 2008 Evaluation and Rating Process, which is an appendix to the Reporting Instructions. Finally, this notice provides the schedule for reporting of information for FTA's FY 2008 evaluations. FTA finds that there is good cause to make this guidance effective upon publication of this notice because sponsors of projects seeking New Starts funding must have adequate time to prepare information that FTA will use to evaluate projects for inclusion in the President's FY 2008 budget request to Congress.
Intent to Prepare an Environmental Impact Statement for Major Transit Improvements in the University Corridor of Metropolitan Houston, TX
The Federal Transit Administration (FTA) and the Metropolitan Transit Authority of Harris County (METRO) intend to prepare an Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA), to evaluate proposed public transportation improvements in the Houston metropolitan area. The area being studied, known as the University Corridor, extends approximately ten miles from the vicinity of the University of HoustonCentral Campus to the Uptown/Galleria area in southwest Houston. METRO is proposing to construct an electric-powered light rail transit line on one of several possible alignments in the corridor. The EIS will examine and evaluate a number of transit alternatives including a Transportation Systems Management Alternative and various Build Alternatives, consisting of light rail vehicles powered from overhead wires, by an internal diesel-electric system, or by an alternative fuel hybrid-electric system and alignment options within the corridor; and any additional alternatives generated by the scoping process. The location and design of needed ancillary facilities, such as maintenance facilities, will also be considered. Scoping of the EIS will be accomplished through a series of public meetings and stakeholder meetings, through correspondence with interested persons, organizations, and Federal, State, and local agencies, and through posting a scoping information packet on the internet and distributing the packet in hardcopy upon request.
Notice of Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for public transportation projects in Norfolk, Virginia; Nashville, Tennessee; Phoenix, Arizona; San Francisco, California; and Portland, Oregon. The purpose of this notice is to activate the limitation on any claims that may challenge these final FTA environmental actions.
Notice of Clarification of Effective Date for Guidance on New Starts Policies and Procedures
This notice clarifies the effective date set forth in the notice of availability and request for comments for the Guidance on New Starts Policies and Procedures published on January 19, 2006, in the Federal Register. The Proposed Guidance on New Starts Policies and Procedures did not become effective on April 30, 2006, as stated in the January 19, 2006 notice. FTA will publish an additional notice in the Federal Register before new requirements are to become effective.
Elderly Individuals and Individuals With Disabilities, Job Access and Reverse Commute, New Freedom Programs and Coordinated Public Transit-Human Services Plans: Notice of Public Meeting, Interim Guidance for FY06 Implementation, and Proposed Strategies for FY07
The Federal Transit Administration is extending the comment period through May 22, 2006, for interested parties to submit comments to assist FTA in developing guidance in the form of circulars to help grantees in implementing the Elderly Individuals and Individuals With Disabilities Program, the Job Access and Reverse Commute Program, and the New Freedom Program beginning in FY07.
Environmental Impact Statement on New Transit Operations in Madison, WI
The Federal Transit Administration (FTA) and the City of Madison, WI (Madison) intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for a proposal by Madison to implement new transit operations in an approximately 13-mile travel corridor extending from the City of Middleton on the west, through the campus of the University of Wisconsin-Madison to the Isthmus of Madison, WI to the American Parkway interchange on US 151, southwest of Sun Prairie, WI and encompassing the surrounding urbanized areas. Growing mobility challenges coupled with very limited opportunity for highway capacity expansion has prompted the communities in the area to consider investment in transportation improvements, both to supplement and enhance existing Metro bus service and to extend service to new markets throughout the corridor and in the region. Alternatives proposed to be considered in the draft EIS include No Build, the Transportation System Management (TSM) Alternative and various Build Alternatives.
Demonstration of Enhanced Human Service Transportation Models: Phase 1-System Development and Design
This notice is a request for proposals (RFP) for system development and design of enhanced human service transportation models. The USDOT seeks up to 10 local communities to carry out detailed development and design of coordinated human service transportation systems that utilize Intelligent Transportation Systems capabilities. The expected results from Phase 1 include up to 10 ``deployment- ready,'' replicable and scalable system detailed designs for enhanced human service transportation delivery models in communities representing a variety of operational environments and scenarios.
National Fuel Cell Bus Technology Development Program
This competitive solicitation is for fiscal year 2006-2009 funding, subject to congressional appropriations action, for the new National Fuel Cell Bus Technology Development Program (NFCBP), administered by the Federal Transit Administration. The purpose of the program is to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. FTA intends to enter into grants, contracts, and cooperative agreements with no more than 3 geographically diverse nonprofit organizations and recipients under chapter 53 of title 49, United States Code, to conduct fuel cell bus technology and infrastructure projects under the program. Regional consortia in partnership with transit agencies are encouraged to apply. The Federal share of the cost of a project carried out under this Program shall not exceed 50 percent of such cost.
Charter Service
Pursuant to the direction contained in the Joint Explanatory Statement of the Committee of Conference, for section 3023(d), ``Condition on Charter Bus Transportation Service'' of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, FTA is establishing a committee to develop, through negotiated rulemaking procedures, recommendations for improving the regulation regarding the prohibition of FTA grant recipients from providing charter bus service. The committee will consist of persons who represent the interests affected by the proposed rule, i.e., charter bus companies, public transportation operators, and other interested parties. This document lists the committee members, issues to be addressed by the committee, and proposed meeting dates, time, and location.
Preparation of Environmental Impact Statement for the South Florida East Coast Corridor Transit Analysis in Southeast Florida; Including Miami-Dade, Broward, Palm Beach Counties, FL
The FTA and the Florida Department of Transportation (FDOT) are issuing this notice to advise the public that, in accordance with the National Environmental Policy Act (NEPA), Tier 1 of a Tiered, Programmatic Environmental Impact Statement (PEIS) will be prepared for the South Florida East Coast Corridor Transit Analysis (SFECCTA) to evaluate transit improvements in Miami-Dade, Broward and Palm Beach Counties, Florida. The SFECCTA is located along the eastern spine of the tri-county South Florida region, centered on but not limited to the Florida East Coast (FEC) Railway alignment. The study proposes in Tier 1 to evaluate preferred technologies (e.g., rail, bus, express bus, etc.) and alignments through areas with heavily congested roadways and under-served, transit-dependent populations. These areas extend from Downtown Miami north through Ft. Lauderdale's Central Business District (CBD) and north of Downtown West Palm Beach to the Town of Jupiter and Village of Tequesta in northern Palm Beach County. The Tier 1 Analysis consists of a Regional Transit Alternatives Analysis. The Tier 2 Analyses will consist of subsequent Sectional Alternatives Analyses (per independent section of the SFECCTA study area).
Supplemental Request for Comments on Issues Relating to “Joint Development” of Intercity Bus and Intercity Rail Stations and Terminals and Extension of Comment Period
The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (SAFETEA-LU) enacted certain amendments to the definition of the term ``capital project'' as used in 49 U.S.C. 5301 et seq. (Federal Transit Law) relating to ``joint development'' activities by recipients of Federal funds under Federal Transit Law. In order to assist the Federal Transit Administration (FTA) in developing a proposed guidance document concerning the implementation of such amendments, FTA published a proposed guidance document on January 31, 2006 (71 FR 5107). Since publication of that document, FTA identified several other issues on which we would like to receive public input, and, thus, we are extending the comment period for an additional thirty days. Also, please be advised that the previously published guidance on joint development will not operate as interim or final guidance for FTA unless and until otherwise stated by FTA, in writing.
Disadvantaged Business Enterprises; Western States Guidance for Public Transportation Providers
This notice provides the opportunity for public comment on specific issues regarding the Federal Transit Administration's (FTA) implementation of Department of Transportation (DOT) guidance for participants of the Disadvantaged Business Enterprise (DBE) program. This guidance is applicable to recipients of Federal financial assistance from the Federal Transit Administration (FTA) located in the states under the U.S. Court of Appeals for the 9th Circuit (California, Oregon, Washington, Alaska, Arizona, Idaho, Montana, Nevada, and Hawaii).
Alternative Transportation in Parks and Public Lands Program
This solicitation is for proposals for fiscal year 2006 funding through the new Alternative Transportation in Parks and Public Lands program, administered by the Federal Transit Administration in partnership with the Department of the Interior and the U.S. Department of Agriculture's Forest Service. The purpose of the program is to enhance the protection of national parks and Federal lands, and increase the enjoyment of those visiting them. The program funds capital and planning expenses for alternative transportation systems in parks and public lands. Federal land management agencies and State, tribal and local governments acting with the consent of a Federal land management agency are eligible to apply.
Public Transportation on Indian Reservations Program (49 U.S.C. 5311(c)(1)): Notice of Public Meetings, Proposed Grant Program Provisions
This notice does several things. First, it summarizes comments FTA received in response to information about a new program for Public Transportation on Indian Reservations Program (hereafter referred to as the Tribal Transit Program) included in an earlier Federal Register notice dated November 30, 2005 (70 FR 71950), ``FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users,'' and details FTA's response to those comments. Second, it announces the process FTA proposes to use to allocate available funds starting in FY 2006 and the grant program provisions that FTA proposes to apply to the program. Third, the notice seeks further comment on the proposed process and grant program provisions. Finally, the notice announces two (2) public meetings sponsored by FTA to provide direct outreach to tribal governments about the Tribal Transit Program and allow for discussion of this notice.
Public-Private Partnership Pilot Program
Section 3011(c) of SAFETEA-LU authorizes the Secretary of Transportation to establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. This notice solicits comments and preliminary expressions of interest with respect to the Secretary of Transportation's establishment and implementation of the pilot program.
Buy America Requirements; Amendments to Definitions
This final rule amends 49 CFR Parts 661 and 663 as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005]. The Federal Transit Administration (FTA) proposed certain changes to the Buy America requirements on November 21, 2005 (70 FR 71246). This final rule addresses fewer issues than were proposed in the Notice of Proposed Rulemaking (NPRM) because of the complexity of a number of recommendations and issues presented during the comment period. Thus, FTA is publishing a final rule on those issues that received little or no public comment. FTA will publish a new NPRM in the Federal Register and hold a public meeting to address the issues raised in the NPRM published on November 21, 2005, but not addressed herein. Thereafter, FTA will publish a final rule with respect to such issues.
Environmental Impact Statement on Seattle Ferry Terminal-Seattle, WA
The Federal Highway Administration and Federal Transit Administration are issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for the Washington State Ferries Seattle Ferry Terminal Project in Seattle, Washington.
Elderly Individuals and Individuals With Disabilities, Job Access and Reverse Commute, New Freedom Programs and Coordinated Public Transit-Human Services Transportation Plans: Notice of Public Meeting, Interim Guidance for FY06 Implementation, and Proposed Strategies for FY07
The Federal Transit Administration (FTA) is developing guidance in the form of circulars to assist grantees in implementing the Elderly Individuals and Individuals with Disabilities Program, the Job Access and Reverse Commute Program, and the New Freedom Program beginning in FY07. FTA solicited public comment in 2005 through a Federal Register Notice (Transit Program Changes, Authorized Funding Levels and Implementation of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 70 FR 71950, November 30, 2005) and public listening sessions held in five locations around the country. Drawing on the public comment received, FTA developed proposed strategies, described in this Notice, for implementation of the Elderly Individuals and Individuals with Disabilities, JARC, and New Freedom programs, including the cross-cutting requirement to develop a coordinated public transit-human services transportation plan for FY07. By this Notice, FTA seeks additional public comment to assist us in developing circulars for these programs. This notice also includes guidance for FY06 implementation for those requirements that go into effect immediately.
Environmental Impact Statement for the Denton County, TX, Transportation Authority Commuter Rail Project
The Federal Transit Administration (FTA) and the Denton County Transportation Authority (DCTA) issue this notice to advise interested agencies and the public of their intent to prepare an Environmental Impact Statement (EIS) in accordance with the regulations implementing the National Environmental Policy Act (NEPA) for transportation improvements in Denton and Dallas Counties, Texas. Transit improvements will be considered generally between Denton and Carrollton along the former Missouri Kansas Texas (MKT) Railroad line that parallels I-35E, as recommended by the DCTA Board of Directors in May 2005 following a study of the transportation needs in the corridor and an analysis of alternative solutions. The relationships of concurrent projects such as the I-35E Environmental Analysis (EA) being conducted by the Texas Department of Transportation (TxDOT), the Northwest Corridor Light Rail Transit project being advanced by the Dallas Area Rapid Transit (DART), and others, will also be considered in the EIS process. Transportation improvements are needed to meet current and future travel demands and to upgrade the transportation facilities in the corridor. The EIS will evaluate the recommended regional rail alignment, the No-Build Alternative, a Transportation Systems Management (TSM) alternative, and any additional reasonable alternatives that emerge from scoping.
Notice of Limitation on Claims on Proposed Public Transportation Projects
This notice announces actions taken by FTA as final for purposes of the limitation on claims. The FTA actions described in this notice consist of various environmental approvals for proposed public transportation projects in the following urbanized areas: New York (lower Manhattan), Seattle, Buffalo, New York (remainder), Providence, Hartford, Boston, Brattleboro (Vermont), and Bridgeport.
Environmental Impact Statement; Mukilteo, WA
The Federal Transit Administration is issuing this notice to advise the public, agencies and Indian tribes that an Environmental Impact Statement (EIS) will be prepared for proposed development of a multimodal ferry terminal in the City of Mukilteo, Snohomish County, Washington.
FTA Fiscal year 2006 Apportionments, Allocations and Program Information; Notice of Supplemental Information
This notice supplements the notice concerning FTA Fiscal Year 2006 Apportionments, Allocations and Program Information, dated as of December 20, 2005, as changed and corrected by the FTA Fiscal Year 2006 Apportionments and Allocations Changes and Corrections; Announcement of States Selected for Participation in Section 5310 Pilot Program, dated as of February 3, 2006.
FTA Fiscal Year 2006 Apportionments and Allocations Changes and Corrections; Announcement of States Selected for Participation in Section 5310 Pilot Program
This notice revises program apportionment or allocation amounts published in the December 20, 2005, FTA notice entitled ``FTA Fiscal Year 2006 Apportionments and Allocations.'' The revisions are required because Public Law 109-148, the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006, mandates an across-the- board rescission of one percent of every program, project, and activity in fiscal year 2006. In addition, this notice identifies other changes or corrections to the December 20, 2005, notice. The notice also identifies the States selected for participation in a Section 5310 Pilot Program.
Over-the-Road Bus Accessibility Program Grants
The U.S. Department of Transportation (DOT) Federal Transit Administration (FTA) announces the availability of funds in fiscal year (FY) 2006 for the Over-the-Road Bus (OTRB) Accessibility Program, authorized by Section 3038 of the Transportation Equity Act for the 21st Century (TEA-21). The OTRB Accessibility Program makes funds available to private operators of over-the-road buses to finance the incremental capital and training costs of complying with DOT's over- the-road bus accessibility final rule, 49 CFR Part 37, published in a Federal Register notice on September 28, 1998 (63 FR 51670). The authorizing legislation calls for national solicitation of applications, with grantees to be selected on a competitive basis. Federal transit funds are available to intercity fixed-route providers and other OTRB providers at up to 90 percent of the project cost. In FY 2006, following a one percent rescission, $5,568,750 was made available for intercity fixed-route service providers and $1,856,250 was made available for other over-the-road bus service providers. This announcement is available on the Internet on the FTA Web site at: https://www.fta.dot.gov. FTA will announce final selections on the Web site and in the Federal Register. A synopsis of this announcement will be posted in the FIND module of the government-wide electronic grants Web site at https://www.grants.gov. Applications may be submitted to FTA in hard copy or electronically through the GRANTS.GOV APPLY function.
Joint Development Guidance
This guidance would implement additional authority provided in the Safe, Accountable, Flexible and Efficient Transportation Equity Act, a Legacy for Users (SAFETEA-LU) for public transportation agencies undertaking joint development projects. In addition, this notice seeks comment on two issues: a clarification of what is ``physically or functionally related'' to a transit project; and a proposed limitation on the amount of space that might be leased under ``incidental use.'' Finally, this guidance would provide additional information in a question-and-answer format to assist grantees in developing and submitting project proposals for FTA review.
Charter Service
Pursuant to the direction contained in the Joint Explanatory Statement of the Committee of Conference, for section 3023(d), Condition on Charter Bus Transportation Service of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, FTA is establishing a committee to develop, through negotiated rulemaking procedures, recommendations for improving the regulation regarding prohibition of FTA grant recipients from providing charter bus service. The committee will consist of persons who represent the interests affected by the proposed rule, i.e., charter bus companies, public transportation operators, and other interested parties. The purpose of this document is to invite interested parties to submit comments on the issues to be discussed and the interests and organizations to be considered for representation on the committee.
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations
This notice announces the random testing rates for employers subject to the Federal Transit Administration's (FTA) drug and alcohol rules.
Major Capital Investment Projects
This advance notice of proposed rulemaking provides interested parties with the opportunity to comment on the characteristics and requirements proposed by the Federal Transit Administration (FTA) for a new capital investment program. This new program, ``Small Starts'', is a discretionary grant program for public transportation capital projects that run along a dedicated corridor or a fixed guideway, have a total project cost of less than $250 million, and are seeking less than $75 million in Small Starts program funding. This Small Starts program is a component of the existing New Starts program, but will offer project sponsors an expedited and streamlined application and review process. Consistent with the intent and provisions of the new public transit statute, the Safe, Accountable, Flexible, and Efficient Transportation Equity ActA Legacy for Users (SAFETEA-LU), FTA hopes to simplify the planning and project development process for proposed Small Starts projects in a number of ways. In addition to the reduced number of evaluation measures specified in SAFETEA-LU, the process may be further simplified by allowing small projects to conduct alternatives analysis with a reduced set of alternatives, allowing evaluation measures for mobility and cost-effectiveness to be developed without having to rely on complicated travel demand modeling procedures in some cases, and possibly defining some classes of low-cost improvements that are pre- approved as effective and cost-effective in certain contexts.
Draft Environmental Impact Statement (DEIS): Kenosha-Racine-Milwaukee Commuter Rail Extension
The FTA, in cooperation with the Southeastern Wisconsin Regional Planning Commission (SEWRPC), is issuing this notice to advise the public that a Draft Environmental Impact Statement (DEIS) will be prepared for the proposed initiation of commuter rail or bus services between Kenosha, Racine and Milwaukee, Wisconsin. The FTA is the lead Federal agency under the National Environmental Policy Act of 1969 (NEPA). The project is being conducted by SEWRPC which is acting as the manager and fiscal agent for the DEIS and associated alternatives analysis study on behalf of an Intergovernmental Partnership of the Cities and Counties of Kenosha, Milwaukee, and Racine, and the Wisconsin Department of Transportation, and SEWRPC. The FTA and SEWRPC invite interested individuals, organizations, and Federal, State, and local agencies to participate in refining the alternatives to be evaluated and identifying any significant social, economic, and environmental issues related to the alternatives. Comments on the appropriateness of the alternatives and impact-related issues are encouraged. Specific suggestions on additional alternatives to be examined and issues to be addressed are welcomed and will be considered in the final study scope. Scoping of these alternatives and their potential impacts will be accomplished through meetings and correspondence with interested persons, organizations, and Federal, State, regional, and local agencies.
Notice of Availability of Guidance on New Starts Policies and Procedures and Request for Comments
This notice announces the availability of the Federal Transit Administration's (FTA's) Guidance on New Starts Policies and Procedures and requests your comments on it. The guidance explains proposed changes to the New Starts program that will become effective April 30, 2006 and longer-term changes to the New Starts program that FTA plans to be the subject of rulemaking in the future. FTA requests comments on both aspects of the guidance, which is available in DOT's electronic docket and on FTA's Web site.
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