Federal Transit Administration 2008 – Federal Register Recent Federal Regulation Documents
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Availability of Fiscal Year 2008 Clean Fuels Grant Program Funds: Solicitation of Project Proposals
The U.S. Department of Transportation (DOT) Federal Transit Administration (FTA) announces the availability of funds in Fiscal Year (FY) 2008 for the Discretionary Clean Fuels Grant Program, authorized by the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA-LU). The Clean Fuels Grant Program makes funds available to assist non-attainment or maintenance areas in achieving or maintaining the National Ambient Air Quality Standards for ozone or carbon monoxide (CO). Additionally, the program supports emerging clean fuel and advanced propulsion technologies for transit buses and markets for those technologies. The authorizing legislation allows for the Secretary of Transportation to make awards under this program at her discretion in non-attainment or maintenance areas for ozone or CO. In FY 2008, $49,000,000 was available for the discretionary Clean Fuels Grant program; $20,247,000 of the available funding was earmarked to specific projects authorized in SAFETEA-LU. The $28,753,000 of Clean Fuels Grant program funding that was unallocated in FY 2008 remains available for discretionary award. 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. Proposals may be submitted to FTA electronically at cfnofa@dot.gov or through the GRANTS.GOV ``APPLY'' function. Those who apply via e-mail at cfnofa@dot.gov should receive a confirmation e-mail within 2 business days.
Public Transportation on Indian Reservations Program; Tribal Transit Program
This notice announces the availability of Fiscal Year (FY) 2008 funds for the Public Transportation on Indian Reservations Program, a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Section 3013 (c). This notice includes a national solicitation for Grant Applications for FY 2008 Tribal Transit Program (TTP) funds to be selected on a competitive basis; the grant terms and conditions that apply to this program; and grant application procedures and selection criteria for FY 2008 projects. The Federal Transit Administration (FTA) expects to have a total of $12 million for FY 2008. For more information on the program and a list of projects currently funded go to https://www.fta.dot.gov/funding/grants/grants_financing_3553.h tml
Notice of Proposed Policy Statement on FTA's School Bus Operations Regulations
Through this notice, the Federal Transit Administration (FTA) proposes to revise its policy with respect to ``tripper service'' and ``school bus operations'' under 49 CFR Part 605. FTA seeks comment on this notice from interested parties. After consideration of the comments, FTA will issue a second Federal Register notice responding to comments received and noting any changes made to the policy statement as a result of comments received.
Agency Information Collection Activity Under OMB Review
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to extend the following currently approved information collection: Reporting of Technical Activities by FTA Grant Recipients. The Federal Register Notice with a 60-day comment period soliciting comments was published on February 4, 2008. No comments were received in response to that notice.
Notice of Availability of Proposed Guidance on New and Small Starts Policies and Procedures
This notice announces the availability of the Federal Transit Administration's (FTA) Proposed Guidance on New and Small Starts Policies and Procedures and requests your comments on it. The guidance explains proposed changes to the New and Small Starts programs that will become effective upon the issuance of Final Guidance, which will be announced in a subsequent Federal Register notice. FTA requests comments on the Proposed Guidance, which is available in DOT's electronic docket and on FTA's Web site.
Intent To Prepare an Environmental Impact Statement for the Lake Oswego to Portland Transit Project in the Portland, OR Metropolitan Area
The Federal Transit Administration (FTA) and Metro (the regional government that serves the 25 cities and three counties of the Portland, Oregon metropolitan area), in cooperation with the cities of Lake Oswego and Portland, Clackamas and Multnomah counties; Oregon Department of Transportation (ODOT) and the Tri-County Metropolitan Transportation District of Oregon (TriMet), will prepare an Environmental Impact Statement (EIS) to evaluate the benefits and impacts of proposed transit improvements. Three alternatives are proposed: (1) A No-Build alternative that includes everything in the Metro Regional Transportation Plan, not including the proposed project, and with a continuation of present day bus service policies in place of the project; (2) a streetcar alternative that would extend the existing Portland Streetcar system approximately 1.2 miles to a short terminus in Johns Landing, or 5.7 miles to a terminus in downtown Lake Oswego, with connecting bus service in the corridor, and (3) an enhanced bus alternative with capital improvements between downtown Portland and Lake Oswego and connecting bus service to the rest of the corridor. FTA and Metro will prepare the EIS in accordance with FTA regulations (23 CFR 771 et seq.) implementing the National Environmental Policy Act (NEPA), and with the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This Notice alerts interested parties of the intent to prepare the EIS, provides information on the nature of the proposed transit project, invites participation in the EIS process (including comments on the scope of the EIS proposed in this notice), and announces an upcoming public scoping meeting.
Notice of Request for the Extension of Currently Approved Information Collections
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to extend the following currently approved information collection: 49 U.S.C. 5309 and 5307 Capital Assistance Programs.
Agency Information Collection Activity Under OMB Review
The Federal Transit Administration invites public comment about our intention to request the Office of Management and Budget's (OMB) approval of the following new information collection: Executive Order 12862, ``Setting Customer Service Standards,'' requires FTA to identify its customers and determine what they think about FTA's service. The surveys covered in this request will provide FTA with a means to gather data directly from its customers. The information obtained from the surveys will be used to assess how FTA's services are perceived by customers and stakeholders, determine opportunities for improvement and ensure FTA's customers receive the highest level of customer support. The surveys will be limited to data collections that solicit voluntary opinions and will not involve information that is required by regulations. The Federal Register Notice with a 60-day comment period soliciting comments was published on December 26, 2007.
Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites
This final rule modifies the procedures for granting Section 4(f) approvals in several ways. First, the final rule clarifies the factors to be considered and the standards to be applied when determining if an alternative for avoiding the use of Section 4(f) property is feasible and prudent. Second, the final rule clarifies the factors to be considered when selecting a project alternative in situations where all alternatives would use some Section 4(f) property. Third, the final rule establishes procedures for determining that the use of a Section 4(f) property has a de minimis impact on the property. Fourth, the final rule updates the regulation to recognize statutory and common-sense exceptions for uses that advance Section 4(f)'s preservation purpose, as well as the option of applying a programmatic Section 4(f) evaluation. Fifth, the final rule moves the Section 4(f) regulation out of the agencies' National Environmental Policy Act regulation, ``Environmental Impact and Related Procedures,'' into its own part with a reorganized structure that is easier to use.
National Rural Transportation Assistance Program Request for Proposal (RFP); Correction
In the Federal Register Notice of February 26, 2008 (73 FR 10237), the Federal Transit Administration published a notice regarding the National Rural Transportation Assistance Program Request for Proposals (RFP). The DATES and Instruction sections of this notice should be corrected to read as follows:
Public Transportation on Indian Reservations Program; Tribal Transit Program
The Federal Transit Administration (FTA) announces the selection of projects to be funded under Fiscal Year (FY) 2007 appropriations for the Tribal Transit Program (TTP), a program authorized by the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
National Rural Transportation Assistance Program Request for Proposals (RFP)
This solicitation is for proposals from not-for-profit entities with rural transit and technical assistance expertise for a cooperative agreement to develop and implement a National Rural Transportation Assistance Program (RTAP). The entity or entities selected will manage a National technical assistance program that improves and enhances the coordination of Federal resources for rural transportation. The major goal of the National RTAP is to assist States and local communities in the expansion and provision of rural public transportation. The Federal Transit Administration (FTA) will award one or more five-year agreement(s), funded annually. Year one of the cooperative agreement(s) is for $1.212 million dollars as authorized in the Safe, Accountable, Flexible, and Efficient Transportation Equity ActA Legacy for Users (SAFETEA-LU) and appropriated in FY2007. Funding for subsequent years will be based on annual appropriations, as well as annual performance reviews. However, years 2010 and 2011 are subject to the next reauthorization.
Supplemental Draft Environmental Impact Statement for the Central Corridor Light Rail Transit Project, Located in Minneapolis and Saint Paul, MN
The Federal Transit Administration (FTA) in cooperation with the Metropolitan Council is issuing this notice to advise interested agencies and the public of its intent to prepare a Supplemental Draft Environmental Impact Statement (SDEIS) for the proposed Central Corridor Light Rail Transit (LRT) Project, located in Minneapolis and Saint Paul, Minnesota (the ``Project''). The SDEIS will be prepared in accordance with the National Environmental Policy Act (NEPA) as well as provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The SDEIS will evaluate potential changes to the Central Corridor LRT Project since the publication of the April 21, 2006 Alternatives Analysis/Draft Environmental Impact Statement (AA/DEIS) and disclose new information that is being developed during the preliminary engineering process.
National Transit Database: Amendments to Safety & Security Reporting Manual
This notice announces the availability of the Federal Transit Administration's (FTA) 2008 National Transit Database (NTD) Safety & Security Reporting Manual. Pursuant to 49 U.S.C. 5335, FTA requires those transit agencies reporting to the NTD from urbanized areas to provide reports within 30 days of a major safety or security incident, and to provide a monthly report on minor safety and security incidents. The 2008 NTD Safety & Security Reporting Manual details the specific requirements and guidelines for safety and security reporting. On November 21, 2007, FTA published a notice in the Federal Register (72 FR 65636) inviting comments on proposed changes to the 2008 NTD Safety & Security Reporting Manual. This notice provides responses to those comments, and announces the availability of the 2008 NTD Safety & Security Reporting Manual on the NTD Web site at https:// www.ntdprogram.gov.
Contractor Performance Incentives for the Capital Investment Program
This notice of proposed rulemaking provides interested parties with the opportunity to comment on the Federal Transit Administration's (FTA) proposal to establish a new part 612 of Title 49 of the Code of Federal Regulations to establish procedures for 49 U.S.C. 5309 capital investment (New Starts) project sponsors to apply for incentive awards if their projects meet eligibility criteria for both cost and ridership estimates. This proposed rule would carry out certain provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005). Interested parties are invited to send comments on all facets of this proposal.
Environmental Impact Statement: Tappan Zee Bridge/I-287 Corridor Between Suffern, NY (Rockland County) and Port Chester, NY (Westchester County)
The FHWA and FTA are jointly issuing this Revised Notice of Intent (NOI) to advise the public of modifications to the environmental review process for the Tappan Zee Bridge/I-287 Corridor Environmental Impact Statement (EIS). These revisions include the intent of FHWA and FTA to use a tiered process to facilitate project decision-making, and the intent of FHWA and FTA to utilize the environmental review provisions afforded under Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The EIS will build upon the extensive alternatives analysis, environmental and technical studies and public comments and outreach conducted to date, which are available online at the project's Web site (www.tzbsite.com). This NOI revises the NOI that was published in the Federal Register on December 23, 2002. The proposed tiering approach will allow the joint lead agencies to focus on both broad overall corridor issues in a Tier 1 transit analysis of general alignment and mode choice while simultaneously assessing site specific impacts, costs and mitigation measures in a Tier 2 bridge and highway analysis. The scope of analysis in the Tier 1 and Tier 2 will be appropriate to the level of detail necessary for those documents and will receive input from the public and reviewing agencies. The intent of the joint lead agencies is for the Tier 1 and Tier 2 analyses to be developed concurrently in order to maximize the efficiencies and potential for multimodal solutions. The Tier 1 transit analysis will provide the basis for a corridor level decision on transit mode(s), alignment(s), and logical termini within the Corridor and sufficient detail of impact assessments and preliminary engineering to allow the Tier 2 highway and bridge elements to proceed to final design and construction. Because the transportation needs of the corridor require a multimodal solution, the highway, bridge, and transit elements are intricately tied to one another and require iterative and concurrent development, analysis and consideration up to the decision on mode and alignment. Once the transit mode and alignment decisions are made, the analysis can focus on the needs of the corridor which includes the structural needs of the existing Tappan Zee Bridge and associated highway network, while preserving the transit corridor within the existing right of way. Additional purposes of this revised NOI are to: Advise the public of lead agency roles. Outline how the provisions of SAFETEA-LU Section 6002 will be met. Update interested parties regarding the current approach to preparing the EIS. Provide updated information on the proposed project, purpose and need for the project, and range of alternatives. Re-invite participation in the EIS process, including comments on the refined scope of the EIS proposed in this notice. Announce the dates, times and locations of upcoming scoping update meetings.
FTA Supplemental Fiscal Year 2008 Apportionments and Allocations and Program Information (Bus and Bus Facilities Program and Alternative Analysis Program Earmarks Designated in the Committee Reports Accompanying the Consolidated Appropriations Act, 2008, Extended and Reprogrammed Earmarks and Corrections to Appendix A)
Division K of the ``Consolidated Appropriations Act, 2008'' (Pub. L. 110-161), signed into law by President Bush on December 26, 2007, made funds available for all of the surface transportation programs of the Department of Transportation (DOT) for the Fiscal Year (FY) ending September 30, 2008. This notice provides information on the FY 2008 earmarks in the Bus and Bus Facilities program and the Alternatives Analysis program that were in the committee reports that accompanied the Consolidated Appropriations Act, 2008 and corrects Appendix A of the January 28, 2008, Federal Register notice. The notice also publishes prior year Bus and Bus Facilities and New Starts earmarks that were extended or reprogrammed in the committee reports.
National Transit Database: Amendments to Urbanized Area Annual Reporting Manual
This notice provides interested parties with the opportunity to comment on changes to the Federal Transit Administration's (FTA) 2008 National Transit Database (NTD) Urbanized Area Annual Reporting Manual (Annual Manual). Pursuant to 49 U.S.C. 5335, FTA requires recipients of FTA Urbanized Area Formula Grants to provide an annual report to the Secretary of Transportation via the NTD reporting system according to a uniform system of accounts (USOA). Other transit agencies in urbanized areas report to the NTD under these requirements on a voluntary basis, for purposes of including data from their transit agencies in the apportionment of Urbanized Area Formula Grants. In an ongoing effort to improve the NTD reporting system and be responsive to the needs of the transit agencies reporting to the NTD, FTA annually refines and clarifies the reporting requirements through revisions to the Annual Manual.
National Transit Database: Strike Adjustments for Urbanized Area Apportionments
This notice announces the Federal Transit Administration's (FTA) National Transit Database (NTD) policy on strike adjustments. On March 12, 2007, FTA provided notice to NTD reporters that it was changing its policy on strikes, to permit transit agencies to request an adjustment to their NTD data that are used in the apportionment of Urbanized Area Formula Grants to offset the effect of strikes, retroactive to the 2005 Report Year. This policy was also announced in the Federal Register Notice of the Urbanized Area Formula Apportionments for Fiscal Year 2007, which was published on March 23, 2007. FTA then formally invited the public to comment on this policy change through a notice published in the Federal Register on November 21, 2007. FTA received one comment on this policy change, and is now formally adopting the new policy.
Notice of Request for the Extension of Currently Approved Information Collections
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to extend the following currently approved information collection: Reporting of Technical Activities by FTA Grant Recipients.
Notice of Establishment of Emergency Relief Docket for Calendar Year 2008
As provided in 49 CFR Part 601, Subpart D (72 FR 910, Jan. 9, 2007), the Federal Transit Administration (FTA) must, by January 31 of each year, establish an Emergency Relief Docket so grantees and subgrantees affected by national or regional emergencies may request relief from administrative requirements set forth in policy statements, circulars, guidance documents and regulations. By this notice, FTA is establishing an Emergency Relief Docket for calendar year 2008.
Preparation of an Environmental Impact Statement on Transit Improvements in the North-South Corridor of Kansas City, MO
The Federal Transit Administration (FTA) and the Kansas City Area Transportation Authority (KCATA) intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) to assess the environmental and community impacts of transit improvements proposed by KCATA and the City of Kansas City, Missouri in a 12-mile North/South travel corridor in the Kansas City metropolitan area. Because KCATA may decide to seek FTA New Starts funding for transit improvements in the corridor, this work will also satisfy the FTA requirement for an Alternatives Analysis through the development of a combined Alternatives Analysis/Draft Environmental Impact Statement (AA/DEIS). Possible transit improvements in the corridor are intended to improve access to the major employment center located in the central portion of the region, especially for that segment of the population that does not have access to the auto-oriented transportation system. Additionally, new transit facilities would support sustainable development patterns in the corridor. Alternatives proposed to be considered for accomplishing these purposes include (1) The Future No- Build Alternative, (2) a Transportation System Management (TSM) alternative that includes improvements to bus services, and (3) various fixed-guideway transit alternatives, including the light rail transit (LRT) line developed by the Citizens' Light Rail Task Force. Scoping of the EIS will be accomplished through meetings and correspondence with interested individuals, organizations, Federal, State, and local governmental agencies, and Native American tribes.
FTA Fiscal Year 2008 Apportionments and Allocations and Program Information
Division K of the ``Consolidated Appropriations Act, 2008'' (Pub. L. 110-161), signed into law by President Bush on December 26, 2007, makes funds available for all of the surface transportation programs of the Department of Transportation (DOT) for the Fiscal Year (FY) ending September 30, 2008. This notice provides information on the FY 2008 funding available for the Federal Transit Administration (FTA) assistance programs, and provides program guidance and requirements, and information on several program issues important in the current year. The notice also includes tables that show certain discretionary programs unobligated funding from previous years that will be available in FY 2008.
Charter Service
This final rule amends regulations which govern the provision of charter service by recipients of Federal funds from the Federal Transit Administration (FTA). 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 established a committee to develop, through negotiated rulemaking procedures, recommendations for improving the regulation regarding unauthorized competition from recipients of Federal financial assistance. This final rule clarifies the existing requirements, sets out a new definition of ``charter service,'' allows for electronic registration of private charter providers, which replaces the old ``willing and able'' process, includes a new provision allowing private charter operators to request a cease and desist order, and establishes more detailed complaint, hearing, and appeal procedures.
Transfer of Federally Assisted Land or Facility
Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal agencies that the City of Kenosha (City) intends to transfer a facility located at 3735 65th Street, Kenosha, Wisconsin, to the Public Works Department of the City of Kenosha (Public Works) for the operation of their Street Department Division of Public Works. The City owns the land that the facility sits on and the land purchase was funded with local money. Therefore, FTA has no interest in the land. There is no access to the facility except through the City's property. Any other public agency other than those under the City would have to acquire access to the facility which would prove costly. They would also have to negotiate a lease with the City for the use or possible purchase of the land. The facility is a single story, light industrial/municipal building.
Preparation of an Alternatives Analysis/Environmental Impact Statement for High-Capacity Transit Improvements in the Tempe South Corridor
The Federal Transit Administration (FTA) and Valley Metro Rail, Inc. (METRO) intend to prepare an Alternatives Analysis (AA) and Environmental Impact Statement (EIS) on proposed high capacity transit improvements, including potential bus rapid transit (BRT), light rail transit (LRT), modern streetcar, or commuter rail in the Tempe South Corridor in the Cities of Tempe and Chandler in Maricopa County, Arizona. The proposed study area is bounded on the north by the Loop 202 (Red Mountain Freeway); Loop 101 (Price Freeway) on the east; Loop 202 (Santan Freeway) on the south; and the Tempe Branch of the Union Pacific Railroad on the west. The AA/EIS will be prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) and its implementing regulations. The AA/EIS process will be initiated with a scoping process that provides opportunities for the public to comment on the scope of the EIS, including the project's purpose and need, the alternatives to be considered, and the impacts to be evaluated in the AA and Draft Environmental Impact Statement (DEIS). This input will be used to assist decisionmakers in determining a locally preferred alternative (LPA) for the Tempe South Corridor. Upon selection of an LPA, METRO will request permission from FTA to enter into preliminary engineering per requirements of New Starts regulations 49 CFR Part 611. The Final Environmental Impact Statement (FEIS) will be issued after FTA approves entrance into preliminary engineering. The purpose of this notice is to alert interested parties regarding the intent to prepare the AA/EIS, to provide information on the nature of the proposed project and possible alternatives, to invite public participation in the AA/EIS process, including comments on the scope of the EIS as proposed in this notice, to announce that public scoping meetings will be conducted, and to identify participating agency contacts.
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