Federal Transit Administration – Federal Register Recent Federal Regulation Documents

The Federal Transit Administration published a document in the Federal Register on August 1, 2008, revising the appendices to the final rule and responding to petitions for reconsideration. That document inadvertently failed to update the table in Appendix D, which should have appeared in the rule as a matrix.

On May 22, 2008, the Federal Transit Administration (FTA) published a Notice of Proposed Buy America Waiver for the National Fuel Cell Bus Technology Development Program (Fuel Cell Bus Program). After careful review of comments, FTA has decided to waive its Buy America requirements for projects funded under the Fuel Cell Bus Program. This Notice sets forth FTA's justification and response to comments.

This document disposes of the petitions for reconsideration filed in response to the Federal Transit Administration's (FTA) final rule on charter service published on January 14, 2008. This notice also corrects the final rule by adding an authority citation, revises Appendix B and Appendix C, and corrects Appendix D, which should have appeared in the final rule as a matrix.

The Federal Transit Administration and the Metropolitan Atlanta Rapid Transit Authority (MARTA) are planning to prepare a Tier 1 Environmental Impact Statement (Tier 1 EIS) and 4(f) Evaluation for an approximately 22-mile loop of proposed transit and trail improvements within the City of Atlanta. The Tier 1 EIS will be prepared in accordance with regulations implementing 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), enacted in 2005. The purpose of this Notice of Intent (NOI) is to alert interested parties regarding the plan to prepare the Tier 1 EIS; to provide information on the nature of the proposed project; to invite participation in the Tier 1 EIS process, including comments on the scope of the Tier 1 EIS proposed in this notice; and to announce that public scoping meetings will be conducted. Tiering reflects FTA and MARTA's belief that it is necessary to focus on the actual issues ripe for decision at each level of environmental review (40 CFR 1508.28). It is the intent of this preliminary environmental documentation to determine and environmentally evaluate transit mode and general alignment for both the transit and trails in this corridor.

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. Section 5330Rail Fixed Guideway Systems, State Safety Oversight.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for public transportation projects in the following areas: Jacksonville, Florida; Denver, Colorado; Staten Island, New York; Gig Harbor, Washington; Wasilla, Alaska. 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.

This rule makes a technical correction to the final regulations, which were published in the Federal Register on Wednesday, March 12, 2008, that govern Section 4(f) approvals for the FHWA and the FTA. The amendment contained herein makes no substantive change to the FHWA or the FTA regulations, policies, or procedures. This rule clarifies an ambiguity in the language of the regulatory text caused by a global word change implemented in the Final Rule as a result of comments received in response to the Notice of Proposed Rulemaking.

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. section 53 14(a) United We Ride State Coordination Grants.

The Federal Transit Administration (FTA) proposes to waive its Buy America requirements for projects funded under the National Fuel Cell Bus Technology Development Program (Fuel Cell Bus Program). This Notice sets forth FTA's justification and seeks comment thereon. The purpose of the Fuel Cell Bus Program is to facilitate the development of commercially viable fuel cell bus technology and related infrastructure.

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

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.

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.

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.

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:

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.

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.

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.

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.

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 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.

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.

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.

The Federal Transit Administration (FTA), Utah Transit Authority (UTA), and Mountainland Association of Governments (MAG) intend to prepare an Alternatives Analysis/Environmental Impact Statement (AA/EIS) for potential high-capacity fixed-guideway transit improvements and roadway infrastructure improvements in Utah County, Utah. The project's purposes are to serve transit markets along the corridor including two universities (Brigham Young University and Utah Valley State College), existing and planned student housing, retail malls, several employment centers, historic downtown Provo, and two major regional intermodal centers; provide circulation and distribution for future transit projects including commuter rail; and to accommodate future travel demand while maintaining efficient traffic flow. The project termini are the planned Orem intermodal center near Utah Valley State College (UVSC) on the north and a location near the Provo Towne Center Mall and East Bay Business Complex (Novell Campus) on the south. The general location of the corridor is on or near University Parkway and University Avenue in Utah County and length of the project is approximately 9 miles. The timeframe for the environmental review process is from January 2008 to January 2010. The AA/EIS will be prepared in accordance with section 102(2)c of the National Environmental Policy Act of 1969 (NEPA) and pursuant to the Council on the Environmental Quality's regulations (40 CFR parts 1500-1508), FTA/FHWA joint regulations (23 CFR 771) as well as provisions of the Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). 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 NEPA process (including providing comments on the scope of the AA/EIS), and to announce that a public scoping meeting will be conducted. The AA/EIS will examine and evaluate a number of transit alternatives in the corridor. Any additional alternatives generated by the scoping process as well as the proposed station locations for the Build alternatives will also be considered. The alternatives will be compared to a No-Action Alternative for evaluation purposes. Scoping for the AA/EIS will be accomplished through a public meeting; e-mail and hard copy correspondence with interested individuals and organizations, Federal, State, and local agencies, and Native American Tribes; and through a meeting with cooperating and participating public agencies. Interested parties may comment by: (1) E-mailing provo-oremrapidtransit@hwlochner.com; (2) visiting the project Web site at https://www.provo-oremrapidtransit.info; (3) mailing written comments to the address below, or (4) attending the public scoping meeting, described below under Meeting Dates. A scoping information packet will be posted on the project Web site at https:// www.provo-oremrapidtransit.info and hard copies of the packet will be distributed on request.

The Federal Transit Administration invites public comments about our intention to request the Office of Management and Budget's (OMB) to approve a new 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 October 2, 2007.

This notice announces the availability of the Federal Transit Administration's (FTA) National Transit Database (NTD) Rural Reporting Manual (Rural Manual). Pursuant to 49 U.S.C. 5335, FTA requires recipients of grants under 49 U.S.C. 5311 (Other Than Urbanized Area Formula Grants) to provide an annual report to the Secretary of Transportation via the NTD reporting system and according to a uniform system of accounts (USOA). 49 U.S.C. 5311(4) provides additional specifications for annual reporting from recipients of Section 5311 grants. The Rural Manual provides complete details as to FTA's implementation of these annual requirements through reporting to the Rural NTD Module. On September 5, 2007, FTA published a notice in the Federal Register (72 FR 17564) inviting comments on the proposed Rural Manual. This notice provides responses to those comments and announces the availability of the final 2007 Rural Manual.