Federal Transit Administration 2013 – Federal Register Recent Federal Regulation Documents

The Federal Transit Administration (FTA) announces the availability of approximately $3 billion in funds under the Public Transportation Emergency Relief Program and the Disaster Relief Appropriations Act of 2013 for States, local governmental authorities, tribal governments and other FTA recipients impacted by Hurricane Sandy, which affected mid-Atlantic and northeastern states in October 2012. This announcement solicits proposals for resilience projects, defined as those projects designed and built to address current and future vulnerabilities to a public transportation facility or system due to future occurrence or recurrence of emergencies or major disasters that are likely to occur in the geographic area in which the public transportation system is located; or projected changes in development patterns, demographics, or climate change and extreme weather patterns. For the purposes of this notice, ``public transportation'' may include consideration of intercity passenger rail service. This resilience funding is intended to protect public transportation infrastructure that has been repaired or rebuilt after Hurricane Sandy or that is at risk of being damaged or destroyed by a future natural disaster. These investments reduce the likelihood that U.S. taxpayers are asked to repair the same infrastructure after a future major storm or natural disaster. Furthermore, the activities funded under this notice will help strengthen and build more resilient communities to better withstand future disasters. The Disaster Relief Appropriations Act of 2013 was enacted on January 29, 2013, and provided $10.9 billion for FTA's Emergency Relief Program for recovery, relief and resilience efforts in areas affected by Hurricane Sandy with approximately $10.4 billion still available after implementation of the Balanced Budget and Emergency Deficit Control Act of 2011. FTA has previously allocated $5.7 billion for recovery and resilience projects to public transportation agencies impacted by Hurricane Sandy. Additionally, the Disaster Relief Appropriations Act of 2013 permits the Secretary to transfer up to $5.383 billion to other agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out resilience projects in areas impacted by Hurricane Sandy. Under this authority, DOT transferred $185 million to the Federal Railroad Administration (FRA). The Moving Ahead for Progress in the 21st Century Act (MAP-21) authorized the Emergency Relief Program at 49 U.S.C. 5324. With the authorization of this program, Congress provided FTA with primary responsibility for Federal reimbursements for emergency response and recovery costs after an emergency or major disaster that affects public transportation systems. The Emergency Relief Program allows FTA to make grants for eligible public transportation capital and operating costs in the event of a natural disaster, such as a hurricane, that affects a wide area, including projects to protect public transportation assets from damage. Beginning in late October 2012, President Obama issued major disaster declarations for specified counties in the following States: Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, and West Virginia, as well as the District of Columbia as a result of the impacts Hurricane Sandy and its remnants. Providers of public transportation in the affected areas as defined by these Presidential declarations are eligible to apply for funding for public transportation resilience projects. This notice includes a description of eligible projects, the criteria FTA will use to identify projects for funding, and a description of how to apply for funding. This announcement is available on the FTA Web site at: https://www.fta.dot.gov. A synopsis of the funding opportunity will be posted in the FIND module of the government-wide electronic grants Web site at https://www.GRANTS.GOV. FTA will announce final allocations in a Federal Register notice and on the FTA Web site.

In response to the City of Charlotte's request for a Buy America waiver for a Video Ready Access Device (VRAD) cabinet, the Federal Transit Administration (FTA) hereby waives its Buy America requirements for the VRAD cabinet needed for an AT&T utility relocation associated with the Charlotte Area Transit System's (CATS) LYNX Blue Line Extension project. This waiver is limited to a single procurement for the VRAD cabinet for the LYNX Blue Line Extension project.

The Federal Transit Administration (FTA) announces the availability of draft guidance on the application of a new provision of the Moving Ahead for Progress in the 21st Century Act (MAP-21) regarding corridor preservation for future transit projects. MAP-21 amended Federal transit law by amending a previously existing provision such that FTA can now, under certain conditions, assist in the acquisition of right-of-way (ROW) for corridor preservation before the environmental review process for any transit project that eventually will use that ROW and permit corridor preservation with local funds, under certain conditions, for a transit project that could later receive FTA financial assistance. The draft guidance defines the form of ROW to which this MAP-21 provision applies and explains the conditions and requirements pertaining to its application. FTA requests comments on this draft guidance, which is available in the docket and on the FTA Web site.

The Federal Transit Administration (FTA) is issuing this Notice of Intent (NOT) to advise other agencies and the public that it will prepare an Environmental Impact Statement (EIS) for the proposed Lake Tahoe Passenger Ferry Project. The project consists of a cross- lake ferry service with a South Shore Ferry Terminal at the Ski Run Marina in South Lake Tahoe, El Dorado County, California, and a North Shore Ferry Terminal at the Grove Street Pier just west of the Tahoe City Marina in Tahoe City, Placer County, California. The project area encompasses the proposed ferry route on Lake Tahoe, the two ferry terminals, and a vessel assembly and maintenance location using existing facilities at Tahoe Keys Marina, City of South Lake Tahoe, El Dorado County, California. The EIS will evaluate alternatives to the proposed action, including, additional terminal locations, if they are adequate for operations. The EIS will be prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) and its implementing regulations with FTA as the lead agency. The EIS will be prepared as a joint document that includes an Environmental Impact Report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA) with Tahoe Transportation District (TTD) as the CEQA lead agency, and an EIS for the Tahoe Regional Planning Agency (TRPA) prepared pursuant to the Tahoe Regional Planning Compact (Public Law 96-551), Code of Ordinances, and Rules of Procedure. The purpose of this notice is to alert interested parties regarding the intent to prepare the EIS; to provide information on the nature of the proposed action and possible alternatives; to invite public participation in the EIS process, including providing comments on the scope of the Draft EIS/EIR/EIS; and to announce that public scoping meetings will be conducted.

The Federal Transit Administration (FTA), the Central Indiana Regional Transportation Authority (CIRTA), the Indianapolis Metropolitan Planning Organization (Indianapolis MPO) and Indianapolis Public Transportation Corporation (IndyGo) intend to prepare an Environmental Impact Statement (EIS) for the Northeast Corridor Project, nka Green Rapid Transit Line (Green Line) Project relating to proposed fixed guideway transit improvements in the Indiana counties of Marion and Hamilton. The study area is an approximately 23-mile long travel corridor extending from downtown Indianapolis to downtown Noblesville and includes the community of Fishers. Options to be considered include No-Build, Bus Rapid Transit (BRT) and Diesel Light Rail Transit (LRT). The EIS process 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. The southern terminus of all alternatives would be adjacent to the transit center in downtown Indianapolis. An original Notice of Intent for the proposed Green Line transit improvement was published on March 9, 2010 and was followed by initial project scoping, public involvement and agency coordination. Project activities were suspended following the initial scoping activities to address funding issues and conduct additional planning related to development of the regional transit vision plan (referred to as ``Indy Connect''). As funding issues are being addressed and the regional transit plan has been completed, scoping activities for the Green Line have resumed. The purpose of this notice is to alert interested parties regarding the intent to prepare the EIS, to provide information on the nature of the proposed project and possible alternatives, to invite public participation in the EIS process, including comments on the scope of the EIS as proposed in this notice, to announce that a public scoping meeting will be conducted, and to identify participating agency contacts. This input will be used to assist decision makers in determining a locally preferred alternative (LPA) and preparing a Draft Environmental Impact Statement (DEIS) for the Green Line. Upon selection of an LPA, the project sponsors will request permission from FTA to enter into Project Development per requirements of 49 USC 5309. The Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) will be issued after the project has entered Project Development. Dates, Times, and Locations: Comment Due Date: Written comments on the purpose and need for the proposed improvements, and the scope of alternatives and impacts to be considered should be sent to the Indianapolis MPO by December 19, 2013. A public scoping meeting to accept comments on the scope of the study will be held on December 5, 2013 from 6:00 p.m. until 8:00 p.m. in the Julia Carson Government Center located at 300 East Fall Creek Parkway North Drive, Indianapolis, Indiana 46205. The public scoping meeting will be informal and in an open house format. Interested persons may ask questions about the proposal and the FTA's environmental review process. The project's purpose and need and the initial set of alternatives proposed for study will be presented at the meetings. CIRTA, the Indianapolis MPO, IndyGo and project team members will be available to answer questions and receive comments. A writing station will be available to those who wish to submit written comments at the public scoping meeting. Project team members will be available to listen and make notes of residents' comments. The public scoping meeting location complies with the Americans with Disabilities Act. Persons needing special accommodations should contact Jeremy Moore, Project Manager, at (317) 327-5495 or Jeremy.Moore@indy.gov at least 48 hours prior to the meeting. An interagency scoping meeting for federal, state, regional and local resource and regulatory agencies will be held on December 5, 2013 from 2:30 p.m. until 4:00 p.m. in the HNTB Corporation offices located at 111 Monument Circle, Suite 1200, Indianapolis, Indiana 46204. The meeting will also be available via webcast. All appropriate agencies that may have an interest in this project, or have a potential interest in becoming a participating agency, will be notified of the meeting through separate direct correspondence. Submitting Comments on the Scope of the Study: Scoping materials will be available at the meetings and through the project's Web site at https://www.indyconnect.org. FTA, CIRTA, the Indianapolis MPO and IndyGo encourage broad participation in the EIS process. All interested agencies, organizations, communities, and members of the public are invited to participate in the scoping process by reviewing and commenting on the scope of the EIS.

This notice announces a public meeting via teleconference of the Transit Rail Advisory Committee for Safety (TRACS). TRACS is a Federal Advisory Committee established by the U.S. Secretary of Transportation (the Secretary) in accordance with the Federal Advisory Committee Act to provide information, advice, and recommendations to the Secretary and the Federal Transit Administrator on matters relating to the safety of public transportation systems.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for a project in Honolulu, HI. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge these final environmental actions.

The Federal Transit Administration (FTA) announces the availability of $29,000,000 in Research, Development, Demonstration, and Deployment Program funds for innovative safety, resiliency, and all-hazards emergency response and recovery research demonstration projects of national significance. This NOFA makes funds available for cooperative agreements to engage in the demonstration of innovative technologies, methods, practices and techniques in three areas: (1) Operational safety, (2) infrastructure or equipment resiliency and (3) all-hazards emergency response and recovery methods. Eligible applicants include providers of public transportation; State and local governmental entities; departments, agencies, and instrumentalities of the Government including Federal laboratories; private or non-profit organizations; institutions of higher education; and technical and community colleges. This notice solicits competitive proposals addressing priorities established by FTA for these research areas, provides instructions for submitting proposals, and describes criteria FTA will use to identify meritorious proposals for funding. This NOFA is also available on the FTA Web site at: www.fta.dot.gov. FTA will announce final selections on the Web site and in the Federal Register. Additionally, a synopsis of this funding opportunity will appear on the government-wide electronic grants Web site www.grants.gov (GRANTS.GOV).

The Federal Transit Administration (FTA) has placed in the docket and on its Web site, proposed guidance in the form of a circular, to assist recipients in their implementation of the section 5311 Rural Area Formula Program. The purpose of this proposed circular is to provide recipients of FTA financial assistance with updated instructions and guidance on program administration and the grant application process. The proposed revisions to the existing circular are a result of changes made to the Rural Area Formula Program by the Moving Ahead for Progress in the 21st Century Act (MAP-21). By this notice, FTA invites public comment on the proposed circular.

This NPRM provides interested parties with the opportunity to comment on proposed regulations that would govern the application requirements for the Surface Transportation Project Delivery Program (Program). The proposed regulations are prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which converted the Surface Transportation Project Delivery Pilot Program into a permanent program, allows any State to apply for the Program, expanded the scope of the Secretary's responsibilities that may be assigned and assumed under the Program, and created a renewal process for Program participation. The FHWA, FTA, and FRA, hereinafter referred to as the ``Agencies,'' seek comments on the proposals contained in this NPRM.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the following locations: San Francisco, CA; Rochester, NY; Michigan City, IN; Chicago, IL; and Minneapolis, MN. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

The Federal Transit Administration invites public comment about our intention to request the Office of Management and Budget's (OMB) approval to renew the following information collection:

The Federal Transit Administration (FTA) announces the availability of Section 5307 Urbanized Area Formula Grant program funds in support of the Discretionary Passenger Ferry Grant program. This grant opportunity will be funded using $29.9 million in FY 2013 Urbanized Area Formula Grants program funds authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112- 141, July 6, 2012. The Passenger Ferry Grant program (Ferry program), as authorized, is available to urbanized areas for the same general authority provided under 49 U.S.C. 5307 (Section 5307). However, within the authority provided to the Secretary of Transportation to develop a competitive process, FTA is limiting this discretionary opportunity to capital projects. These funds constitute a core investment in the enhancement and revitalization of public ferry systems in the Nation's urbanized areas. This notice solicits proposals to compete for Fiscal Year (FY) 2013 funding under the Ferry program and may include additional funds made available under future appropriations. This notice also includes priorities established by FTA for these discretionary funds, criteria FTA will use to identify meritorious projects for funding, and the process to apply for funding. This announcement is available on the FTA Web site at: http// www.fta.dot.gov. FTA may announce final selections on the Web site and in the Federal Register. Additionally, a synopsis of this funding opportunity will be posted in the FIND module of the government-wide electronic grants (GRANTS.GOV) Web site at https://www.grants.gov.

The Federal Transit Administration (FTA) and Hampton Roads Transit (HRT) are planning to prepare an Environmental Impact Statement (EIS) for the Virginia Beach Transit Extension Study (VBTES). The VBTES will examine extending transit service from the eastern terminus of Norfolk's existing Light Rail Transit (LRT) system, ``The Tide,'' at Newtown Road to the Virginia Beach Oceanfront either along the former Norfolk Southern Railroad right-of-way (NSRR ROW) that runs from Newtown Road to Birdneck Road or along the NSRR ROW to Laskin Road then onto Birdneck Road. From Birdneck Road, both alignments would extend onto 19th Street terminating at the Virginia Beach Oceanfront. In 2000, FTA and HRT prepared the Norfolk-Virginia Beach East/West Light Rail Transit System Final EIS. This document looked at an 18-mile transit system connecting downtown Norfolk to the Pavilion area of Virginia Beach. In 2009, FTA and HRT began a Supplemental EIS for the VBTES that intended to evaluate changes in the project corridor since the 2000 EIS. As the Supplemental EIS progressed, FTA and HRT began studying an additional alternative alignment along Laskin Road. This alternative alignment and the additional amount of time that elapsed since work began on the Supplemental EIS led FTA to determine that a Supplemental EIS was no longer appropriate for the VBTES and instead a new EIS should be prepared. Pursuant to 23 CFR 771.123(a), FTA and HRT now issue this Notice of Intent (NOI) for an EIS for the VBTES. Although the VBTES has been under consideration in some form since the 1980's, and was included in the 2000 Final EIS, this EIS will specifically rely on relevant information that has been developed over the last several years since the 2009 Supplemental EIS was proposed. The EIS for the VBTES will be prepared in accordance with the National Environmental Policy Act (NEPA). This NOI initiates formal scoping for the EIS, invites interested parties to participate in the process, provides information about the purpose and need for the study, includes the alternatives being considered for evaluation in the EIS, and identifies potential environmental effects to be considered. HRT began its VBTES public involvement process in 2009. It held frequent public meetings in 2010, 2012, and 2013, and continues to receive public comments on the study today. HRT plans additional public meetings for September 2013 and November 2013. These continued opportunities for public involvement in the VBTES means no formal public scoping meetings are planned to be held for this EIS. In 2009 and 2013, HRT, in coordination with FTA, contacted interested party agencies for the VBTES. As such, agencies that have previously responded to invitations to engage in the VBTES process will remain as interested parties on the study and are not required to formally respond to this notice.

This notice announces a final environmental action taken by the Federal Transit Administration (FTA) for a project in New York, NY. The purpose of this notice is to announce publicly the environmental decision by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action.

The Federal Transit Administration (FTA) has placed in the docket and on its Web site, proposed guidance in the form of a circular to assist grantees in implementing the Enhanced Mobility for Seniors and Individuals with Disabilities Program. The Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. 112-141) blended the New Freedom Program (49 U.S.C. 5317) and the Elderly Individuals and Individuals with Disabilities Program (49 U.S.C. 5310) into a new Enhanced Mobility for Seniors and Individuals with Disabilities Program, authorized at 49 U.S.C. 5310. FTA is updating the circular due to these changes in the law. By this notice, FTA invites public comment on the proposed circular for this program.

This final rule is issued to revise sections of the Alcohol and Controlled Substances (D&A) Testing regulation to reflect recent amendments to the law. The final rule also includes technical corrections to the D&A testing regulation to more clearly explain existing compliance requirements, update regulatory terms, and remove repealed statutory provisions. Because this rule merely implements a statutory provision without agency interpretation FTA finds that public comment is unnecessary under the circumstances.

The Federal Transit Administration (FTA) and the Central Puget Sound Regional Transit Authority (Sound Transit) are planning to prepare an Environmental Impact Statement (EIS) for Sound Transit's proposed Federal Way Transit Extension (FWTE) project. The FWTE project would allow Sound Transit to improve public transit service between the cities of SeaTac and Federal Way in King County, Washington. The FWTE project would also respond to a growing number of transportation and community needs identified in the agency's regional transit system plan, Sound Transit 2 (ST2). The EIS will be prepared in accordance with the National Environmental Policy Act (NEPA) and Washington's State Environmental Policy Act (SEPA). This Notice of Intent initiates formal scoping for the EIS, invites interested parties to participate in the EIS process, provides information about the purpose and need for the proposed transit project, includes the general set of alternatives being considered for evaluation in the EIS, and identifies potential environmental effects to be considered. This notice invites public comments on the scope of the EIS and announces the public scoping meetings to receive comments. Alternatives being considered for evaluation include a No-Build alternative and various build alternatives to develop light rail in the FWTE corridor. The light rail alternatives were developed through an early scoping process, and an alternatives analysis study. Early scoping notification for the alternatives analysis phase was announced in the Federal Register on October 16, 2012. Results of the early scoping process, the alternatives analysis findings, and other background technical reports are available on the project Web site.

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. 5330Rail Fixed Guideway Systems, State Safety Oversight.

The Federal Transit Administration (FTA) announces the allocation of $3.7 billion under the Public Transportation Emergency Relief Program (Emergency Relief Program, Catalogue of Federal Domestic Assistance 20.527) to the four FTA recipients most severely affected by Hurricane Sandy: the Metropolitan Transportation Authority, New Jersey Transit Corporation, the Port Authority of New York and New Jersey, and the New York City Department of Transportation. This amount is in addition to the initial $2 billion allocation announced in the March 29, 2013 Federal Register notice, bringing the total amount of Hurricane Sandy Emergency Relief funds allocated to-date to $5.7 billion. Within the $3.7 billion announced in this notice, FTA is allocating $2.4 billion for additional recovery and rebuilding projects and $1.3 billion for project elements or freestanding projects that increase the resiliency of the affected transit systems to future disasters. Such resiliency investments shall be subject to specific conditions cited in this notice. FTA is allocating funds consistent with the requirements of the Disaster Relief Appropriations Act of 2013 (Pub. L. 113-2), Interim Final Rule for the Emergency Relief Program, 49 CFR part 602, published in the Federal Register on March 29, 2013, the Notice of Availability of Emergency Relief Funds published in the Federal Register on February 6, 2013, and additional requirements and program guidance included in the March 29, 2013 Federal Register notice. FTA anticipates allocating additional funding for recovery and rebuilding and announcing the availability of competitive funding for eligible resiliency projects in areas impacted by Hurricane Sandy in a subsequent notice. Prior to submitting grant applications to FTA for the funds allocated in this notice, recipients should develop a list of potentially eligible projects, consistent with the Emergency Relief Program rule, at 49 CFR 602.17, and submit and review the list of projects with the applicable FTA Regional Office. Affected recipients are granted pre-award authority as of the publication date of this notice for recovery and rebuilding projects; pre-award authority for the $1.3 billion allocated for resiliency projects may be contingent upon FTA's prior approval as described later in this notice. Prior to exercising pre-award authority, recipients should work with the appropriate Regional Office to ensure that the applicable Federal requirements are followed. All funds allocated in this notice must comply with FTA and other Federal requirements as described in the Interim Final Rule. Recipients may request waivers of FTA administrative requirements by submitting a request to www.regulations.gov, FTA docket number FTA-2013-0001, as described in the Emergency Relief Program rule at 49 CFR Sec. 602.15, however, recipients should not proceed with a project under the expectation that waivers will be provided. Additional program requirements, considerations and grant application procedures specific to these funds are included in this notice.

The Federal Transit Administration invites public comments about our intention to request the Office of Management and Budget's (OMB) to approve the revisions of the following information collection: 49 U.S.C. 5317, New Freedom Program. The information to be collected will be used to accumulate mass transportation financial and operating information using a uniform system of accounts and records. The Federal Register Notice with a 60-day comment period soliciting comments was published on March 6, 2013.

On October 16, 2012 the Federal Transit Administration (FTA) published in the Federal Register a Notice of FTA Transit Program Changes, Authorized Funding Levels, Implementation of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and Fiscal Year (FY) 2013 Apportionments, Allocations and Interim Guidance. The initial Notice apportioned and allocated funding pursuant to the Continuing Appropriations Resolution, 2013 (CR) that provided funds through March 27, 2013. This subsequent FY 2013 Apportionment Notice apportions the full FY 2013 funding available pursuant to the Consolidated and Further Continuing Appropriations Act, 2013 (FY 2013 Appropriations) and sequestration of funds triggered by the Balanced Budget and Emergency Deficit Control Act of 2011. This notice also provides and seeks comment on an illustrative apportionment for the State Safety Oversight (SSO) grant program and provides information on FTA's discretionary programs and forthcoming program guidance.

The Federal Transit Administration (FTA) published a notice in the Federal Register on April 22, 2013, concerning a limitation on claims for certain specified public transportation projects. The notice contained an incorrect description of one project.

The Federal Transit Administration (FTA) has placed in the docket and on its Web site, proposed guidance, in the form of a circular, to assist recipients in their implementation of the section 5307 Urbanized Area Formula Program. The purpose of this proposed circular is to provide recipients of FTA financial assistance with instructions and guidance on program administration and the grant application process. The proposed revisions to the existing circular are a result of changes made to the Urbanized Area Formula Program by the Moving Ahead for Progress in the 21st Century Act. By this notice, FTA invites public comment on the proposed circular.

The U.S. Department of Transportation's (DOT) Federal Transit Administration (FTA) announces the selection of projects for the Paul S. Sarbanes Transit in Parks Program, as authorized by Section 3021 of the Safe, Accountable, Flexible, Efficient Transportation Equity ActA Legacy for Users of 2005 (SAFETEA-LU) and codified in 49 U.S.C. 5320. Projects were selected from proposals submitted in response to a Notice of Funding Availability (NOFA) published in the Federal Register on August 28, 2012. These projects are funded with Fiscal Year (FY) 2012 appropriations and previously unallocated prior year funds. The Paul S. Sarbanes Transit in Parks program provides funds for capital and planning expenses for alternative transportation systems in national parks and other federal recreation lands. Federal land management agencies and State, tribal and local governments acting with the consent of a federal land management agency are eligible recipients. This program was not re-authorized for FY 2013 under the Moving Ahead for Progress in the 21st Century Act (MAP-21), and FTA does not anticipate publishing future NOFAs for this program. If additional funds become available during FY 2013 from previous project awards, FTA may allocate these funds to project proposals previously submitted.