Federal Transit Administration 2016 – Federal Register Recent Federal Regulation Documents

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for a project in Chapel Hill and Durham, NC. 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.

This final rule revises the transportation planning regulations to promote more effective regional planning by States and metropolitan planning organizations (MPO). The goal of the revisions is to better align the planning regulations with statutory provisions concerning the establishment of metropolitan planning area (MPA) boundaries and the designation of MPOs.

The Federal Transit Administration (FTA) received a request from the Port Authority of New York and New Jersey (PANYNJ) for a Buy America public interest waiver for the procurement of equipment to replace what was damaged at the World Trade Center Transportation Hub (WTC Hub) project during Hurricane Sandy. A public interest waiver is needed because Hurricane Sandy damaged an existing construction site that receives federal funds but is not subject to FTA's Buy America requirements and the only option PANYNJ had to implement Sandy recovery work was to replace the damaged equipment with the same equipment. 49 U.S.C. 5323(j)(2)(A) and 49 CFR 661.7(b). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA provided notice of the public interest waiver request and sought comment on whether to grant the request. FTA received one comment in support of the waiver, and no comments objecting to the waiver. Therefore, FTA is issuing a general public interest waiver for two PANYNJ Hurricane Sandy grants, NY-44-X005 and NY-44-X014. This public interest waiver is limited to the Hurricane Sandy recovery projects at the WTC Hub only and does not apply to separately funded resiliency projects.

The Federal Transit Administration (FTA) received a request from the Central Puget Sound Transit Authority (Sound Transit) for a Buy America non-availability waiver for the procurement of ultrastraight rail. Sound Transit seeks to procure approximately 15,100 feet ultrastraight rail for a portion of its Northgate Link light rail extension to avoid exceedance of contractually-mandated vibration thresholds. The FTA hereby waives its Buy America requirements, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality. This waiver is limited to a single procurement by Sound Transit.

The Federal Transit Administration (FTA) announces the selection of 35 projects for funding with Fiscal Year (FY) 2016 appropriations for the Public Transportation on Indian Reservations Program Tribal Transit Program (TTP), as authorized by (49 U.S.C. 5311(c)(1)(a)(j)), as amended by the Fixing America's Surface Transportation (FAST) Act, Public Law 114-94 (December 4, 2015). A total of $5 million is available under this program.

The Federal Transit Administration (FTA) announces the availability of a draft Programmatic Assessment of Greenhouse Gas Emissions from Transit Projects (Programmatic Assessment) and an accompanying Greenhouse Gas Emissions (GHG) Estimator Tool (Estimator Tool). The purpose of the draft Programmatic Assessment is to: (1) Report on whether certain types of proposed transit projects merit detailed analysis of their GHG emissions at the project-level; and (2) provide a source of data and analysis for FTA and its grantees to reference in future environmental documents for projects where detailed, project-level GHG analysis would provide limited information beyond what is collected and considered in the assessment. The draft Programmatic Assessment presents estimates of GHG emissions generated from the construction, operations, and maintenance phases of projects across select transit modes, as well as an estimate of personal vehicle emissions displaced due to transit's ``ridership effect.'' The associated Estimator Tool is a spreadsheet tool that allows users to calculate partial lifecycle GHG emissions estimates by transit mode based on limited data inputs. FTA's draft Programmatic Assessment or Estimator Tool is not a requirement; agencies and states may use other methods for reporting GHG emissions related to state GHG reporting regulations, as needed and as appropriate. Use of FTA's draft Programmatic Assessment or Estimator Tool is not a requirement, if agencies and states are utilizing other methods for reporting GHG emissions related to state GHG reporting regulations. The FTA requests public comments on the Programmatic Assessment and the Estimator Tool.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on August 16, 2016 (81 FR 54660).

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the City of Alexandria, VA and the City of Jersey City, NJ. 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 (FTA) received a request from the Port Authority of New York and New Jersey (PANYNJ) for a Buy America public interest waiver for the procurement of equipment to replace what was damaged at the World Trade Center Transportation Hub (WTC Hub) project during Hurricane Sandy. PANYNJ seeks a public interest Buy America waiver for the replacement of equipment previously purchased for the WTC Hub. Hurricane Sandy damaged an existing construction site that receives federal funds but is not subject to FTA's Buy America requirements and the only option PANYNJ had to implement Sandy recovery work was to replace the damaged equipment with the same equipment previously acquired for the project. 49 U.S.C. 5323(j)(2)(A) and 49 CFR 661.7(b). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the public interest waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would only apply to replacement of equipment damaged by Hurricane Sandy at the WTC Hub project and would not apply to any other PANYNJ resiliency projects for which FTA has provided funding.

The Federal Transit Administration (FTA) received a request from the Greater Dayton Regional Transit Authority (GDRTA) for a Buy America non-availability waiver for the procurement of radio consoles, which are a part of a voice and cellular data communications system (the ``radio consoles''). GDRTA's current voice and data communications equipment is obsolete and malfunctioning. The new communication system will result in improved operational efficiency. GDRTA seeks a waiver for the procurement of radio consoles because there are no manufacturers that produce radio consoles that are compatible with GDRTA's communications system and comply with the Buy America requirements. 49 U.S.C. 5323(j)(2)(B) and 49 CFR 661.7(c). GDRTA is joining Montgomery County's radio system, and the radio consoles compatible with the new system must be original equipment manufacturer (OEM) Motorola devices. Motorola cannot provide Buy America-compliant radio consoles. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the non-availability waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would apply to the radio consoles identified in the waiver request.

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

In response to a formal petition from the Pace Suburban Bus Division of the Regional Transportation Authority (Pace) requesting a Buy America non-availability waiver to purchase 188 Dodge Caravan minivans for its vanpool program and informal requests from other FTA recipients for similar waivers, and because FTA has been unable to identify any minivan manufacturers who meet both the final assembly and domestic content requirements for non-ADA-accessible minivans, the Federal Transit Administrative (FTA) hereby waives its Buy America domestic content requirement for non-ADA-accessible minivans and vans. FTA's requirement for final assembly in the United States is not waived. This waiver applies to all contracts for the procurement of non-ADA-accessible minivans and vans entered into on or before September 30, 2019, or until a fully-compliant domestic source becomes available, whichever is earlier.

This Notice finalizes updates to the USOA and changes to NTD Automatic Passenger Counter Certification requirements.

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 VIA Metropolitan Transit (VIA) intends to transfer the facility at 7535 Merton Mintor, Bexar County, San Antonio, Texas, to University Health System (a.k.a Bexar County Hospital District, hereinafter ``District''), a political subdivision of the State of Texas in San Antonio, Texas, serving Bexar County. The facility is attached and connected to a building and parking garage at the South Texas Medical Center. VIA used the facility from approximately 1998 to 2012 as a transfer facility. VIA discontinued use of the facility in December 2012 with the opening of its new medical center transfer facility at a different location. The District intends to use the facility for various hospital departments, including the Information Technology Department, and a Pediatric Food Bank. The transfer will provide benefits to the hospital by providing space for hospital department personnel and operations. The transfer will provide a benefit to the community in the form of the Pediatric Food Bank, filling a need for children that will allow them to stay nourished and healthy, with the goal of avoiding unnecessary hospital stays. The District plans to use the facility for at least 20 years and is planning renovations to the facility and its systems.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on May 9, 2016 (81 FR 28157).

The Federal Transit Administration (FTA) is requesting proposals from qualified institutions of higher education to conduct testing, evaluation, and analysis of low or no emission components intended for use in low or no emission transit buses used to provide public transportation. FTA is authorized to pay 50 percent of the established assessment fees, up to $3.0 million annually. A total of $15.0 million is authorized at $3.0 million per year starting in FY 2016 through FY2020 to carry out the Low and No Emission Component Assessment Program (LoNo-CAP). Funds awarded under the LoNo-CAP program will be used to reimburse the cost of assessing eligible components.

The U.S. Department of Transportation's Federal Transit Administration (FTA) announces the selection of projects with Fiscal Year (FY) 2016 appropriations for the Low or No Emission Grant Program (Low-No Program), as authorized by the Fixing America's Surface Transportation Act (FAST) Act. The FAST Act authorized $55 million for competitive allocations in FY 2016. On March 29, 2016, FTA published a Notice of Funding Opportunity (NOFO) (81 FR 17553) announcing the availability of Federal funding for the Low-No Program. These program funds will provide financial assistance to states and eligible public agencies for the purchase or lease of low or no emission vehicles that use advanced technologies and for related equipment or facilities use for transit revenue operations.

This final policy consists of the Federal Transit Administration's (FTA) policy statement regarding its implementation of the phased-in increase in domestic content for rolling stock under the FTA's Buy America statute, as amended by the Fixing America's Surface Transportation (FAST) Act. Through this final policy, FTA is providing guidance to transit agencies and transit vehicle manufacturers regarding how they are to implement the FAST Act's statutory amendments. Additionally, FTA is providing notice of public interest waivers of Buy America domestic content requirements for rolling stock procurements in limited circumstances.

In accordance with the Paperwork Reduction Act of 1995, and its implementing regulations, the Federal Transit Administration (FTA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting this information collection requirements for clearance by the Office of Management and Budget (OMB), FTA is soliciting public comment on specific aspects of the activities identified below. Title: 49 U.S.C. Section 5307Urbanized Area Formula Program. OMB Number: 2132-0502. Background: 49 U.S.C. 5307 The Urbanized Area Formula Funding program (49 U.S.C. 5307) makes Federal resources available to urbanized areas and to Governors for transit capital and operating assistance and for transportation related planning in urbanized areas. An urbanized area is a Census-designated area with a population of 50,000 or more as determined by the U.S. Department of Commerce, Bureau of the Census. Funding is made available to designated recipients, which must be public bodies with the legal authority to receive and dispense Federal funds. Governors, responsible local officials and publicly owned operators of transit services are required to designate a recipient to apply for, receive, and dispense funds for urbanized areas pursuant to 49 U.S.C. 5307(a)(2). The Governor or Governor's designee is the designated recipient for urbanized areas between 50,000 and 200,000. Eligible activities include planning, engineering, design and evaluation of transit projects and other technical transportation- related studies; capital investments in bus and bus-related activities such as replacement of buses, overhaul of buses, rebuilding of buses, crime prevention and security equipment and construction of maintenance and passenger facilities; and capital investments in new and existing fixed guideway systems including rolling stock, overhaul and rebuilding of vehicles, track, signals, communications, and computer hardware and software. All preventive maintenance and some Americans with Disabilities Act complementary paratransit service costs are considered capital costs. For urbanized areas with populations less than 200,000, operating assistance is an eligible expense. For urbanized areas with 200,000 in population and over, funds are apportioned and flow directly to a designated recipient selected locally to apply for and receive Federal funds. For urbanized areas under 200,000 in population, the funds are apportioned to the Governor of each state for distribution. With the passing of Fixing America's Surface Transportation Act, the 100 Bus Rule was been expanded to include demand response service, excluding ADA complementary paratransit service. An exception to the 100 Bus Rule has been added as well. If a public transportation system executes a written agreement with one or more other public transportation systems within the urbanized area to allocate funds by a method other than by measuring vehicle revenue hours, each public transportation system that is part of the written agreement may follow the terms of the written agreement instead of the measured vehicle revenue hours. Under Grant Recipient Requirements, a provision has been added that directs recipients to maintain equipment and facilities in accordance with their transit asset management plan. Recipients are no longer required to expend 1% of their funding for associated transit improvements. However, recipients are still required to submit an annual report listing projects that were carried out in the preceding fiscal year. The Passenger Ferry Grant Program is also available to urbanized areas under the authority provided through 49 U.S.C. 5307 (section 5307). This program provides discretionary opportunity to capital projects. Capital projects include, but are not limited to, the purchase, replacement, or rehabilitation of ferries and terminals and related equipment. Funds may not be used to fund operating expenses, planning, or preventive maintenance. Respondents: State and local government, business or other for- profit institutions and non-profit institutions. Estimated Annual Burden on Respondents: Approximately 50 hours for each of the 2,245 respondents. Estimated Total Annual Burden: 67,250 hours. Frequency: Annual.

The Federal Transit Administration is issuing a final rule to establish substantive and procedural rules for FTA's administration of a comprehensive safety program to improve the safety of the Nation's public transportation systems. This final rule provides the framework for FTA to monitor, oversee and enforce transit safety, based on the methods and principles of Safety Management Systems.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and the expected burdens.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and the expected burdens.

This notice details the application requirements and procedures to obtain funding for the installation of Positive Train Control (PTC) systems required under the Railroad Safety Improvement Act of 2008, as amended by the Positive Train Control Enforcement and Implementation Act of 2015. The opportunities described in this notice are available under Catalog of Federal Domestic Assistance number 20.321, ``Positive Train Control.'' FRA will review applications for funding under this NOFO and will select the projects for funding. FTA will award the grant funds and administer and manage the grants after award. FRA will help FTA monitor the PTC implementation and progress of the grantees. In addition, applicants should contact FRA with PTC technical questions.

FTA has placed in the docket and on its Web site proposed guidance in the form of two FTA guidebooks to facilitate implementation of FTA's Transit Asset Management program: (1) ``Guideway Performance Restriction Calculation'' and (2) ``Facility Condition Assessment.'' The purpose of the proposed guidebooks is to inform the transit community of calculation methodologies for state of good repair performance measures for infrastructure and facilities. By this notice, FTA seeks public comment on the proposed guidebooks.

The Federal Transit Administration is publishing a final rule to define the term state of good repair and to establish minimum Federal requirements for transit asset management that will apply to all recipients and subrecipients of chapter 53 funds that own, operate, or manage public transportation capital assets. This final rule requires public transportation providers to develop and implement out transit asset management (TAM) plans. TAM plans must include an asset inventory, condition assessments of inventoried assets, and a prioritized list of investments to improve the state of good repair of their capital assets. This final rule also establishes state good repair standards and four state of good repair (SGR) performance measures. Transit providers are required to set performance targets for their capital assets based on the SGR measures and report their targets, as well as information related to the condition of their capital assets, to the National Transit Database.