Federal Transit Administration – Federal Register Recent Federal Regulation Documents

The U.S. Department of Transportation (DOT) Federal Transit Administration (FTA) announces the selection of projects to be funded under Fiscal Year 2006 appropriations for the Alternative Transportation in Parks and Public Lands (ATPPL) program, 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. The ATPPL program funds capital and planning expenses for alternative transportation systems in parks and public lands. Federal land management agencies and State, tribal and local governments acting with the consent of a Federal land management agency are eligible recipients. This is the first year of the ATPPL program. Funding is authorized for this program through FY 2009.

The Federal Transit Administration invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew the following information collections: (1) Bus Testing Program. (2) Transit Research, Development, Demonstration and Deployment Projects. The collections involve our Bus Testing and Transit Research Programs. The information to be collected for the Bus Testing Program is necessary to ensure that buses have been tested at the Bus Testing Center for maintainability, reliability, safety, performance, structural integrity, fuel economy, emissions, and noise. The information to be collected for Transit Research, Development, Demonstration and Deployment Projects is necessary to determine eligibility of applicants and ensure mass transportation service at a minimum cost. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. The Federal Register Notice with a 60-day comment period soliciting comments was published on June 20, 2006.

This notice describes the terms and conditions on which the Federal Transit Administration (FTA) proposes to classify High- Occupancy Vehicle (HOV) lanes that are converted to High-Occupancy/Toll (HOT) lanes as ``fixed guideway miles'' for purposes of the transit funding formulas administered by FTA. The notice also describes when HOT lanes would be ineligible for classification as fixed guideway miles in FTA's funding formulas, clarifies which HOT lanes shall not be eligible for reporting as fixed guideway miles in FTA's funding formulas, and seeks comment 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.

The Federal Transit Administration (FTA) published a notice in the Federal Register of August 17, 2006, concerning limitations on claims for certain specified public transportation projects. The notice contained an incorrect date.

This notice lists the location and time of the next Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) meeting.

This notice announces the Federal Transit Administration's (FTA) implementation of Department of Transportation guidance for participants of the Disadvantaged Business Enterprise (DBE) program. This notice solely concerns FTA implementation procedures applicable to FTA grantees in the states comprising the 9th Federal Judicial Circuit (California, Oregon, Washington, Alaska, Arizona, Idaho, Montana, Nevada, and Hawaii).

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for public transportation projects in the following urbanized areas: Denver, Colorado; Chicago, Illinois; Cleveland, Ohio; Minneapolis, Minnesota; Pittsburgh, Pennsylvania; Los Angeles, California; and Seattle, Washington. The purpose of this notice is to activate the limitation on any claims that may challenge these final FTA environmental actions.

This notice announces the availability of the Federal Transit Administration's (FTA) Final Interim Guidance and Instructions for Small Starts which was initially issued for comment on June 6, 2006. This Guidance describes the eligibility, evaluation, and project development procedures for projects seeking Small Starts funding, as well as the information required from project sponsors to evaluate and rate a project for the purpose of project advancement or a funding recommendation. FTA is in the process of broader rulemaking on its major capital investments program, but the Interim Guidance and Instructions will allow projects into project development. The document will also enable FTA to evaluate and rate projects as part of the Annual New Starts Report and make funding recommendations prior to completion of the broader rulemaking process. For a Small Starts project to be included in the FY2008 Annual New Starts Report and considered for a funding recommendation, project information must be received by FTA by September 15, 2006 and any response to FTA comments on the submittal must be completed by October 15, 2006.

On July 14, 2006, the Federal Transit Administration (FTA) published a notice of proposed Circular in the Federal Register (See FR Volume 71, No 135., pp. 40178 to 40187). This notice erroneously stated that comments must be received by August 14, 2006. FTA intends to establish a 60-day comment period. Therefore, comments should be submitted by September 14, 2006. Late comments will be considered to the extent practicable.

This proposal would modify the procedures for granting approvals under 23 U.S.C. 138 and 49 U.S.C. 303 (hereafter referred to as ``Section 4(f)'' \1\) in several ways. First, this proposal 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, this NPRM proposes to clarify the factors to be considered when selecting a project alternative in situations where all alternatives use Section 4(f) property and no feasible and prudent avoidance alternative exists. Third, this proposal would establish procedures for determining that the use of a Section 4(f) property has de minimis impacts. Fourth, the proposal updates the regulation to recognize statutory and common-sense exceptions for uses that advance Section 4(f)'s preservationist goals; as well as the option of conducting certain Section 4(f) evaluations on a programmatic basis. Fifth, this proposal would move the Section 4(f) regulations out of the agencies' National Environmental Policy Act regulations (23 CFR part 771, ``Environmental Impact and Related Procedures''), into a separate part of 23 CFR, with a reorganized structure that is easier to use.

This notice lists the location and time of the next Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) meeting.

This notice announces the dates, times, and locations of six public meetings and a national Webcast to be held in July and August 2006 concerning a Notice of Proposed Rulemaking (NPRM) on Statewide and Metropolitan Planning Requirements. Presentations delivered at these meetings will describe the provisions of the NPRM jointly issued by the Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) on June 9, 2006 to provide guidance on implementing the planning provisions of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the Federal surface transportation law.

This notice announces the availability of proposed guidance on the application of section 6002 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144) to projects funded by the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), or both. Section 6002 of SAFETEA-LU adds requirements and refinements to the environmental review process for highway and public transportation capital projects. The proposed guidance describes how FTA and FHWA propose to implement the new requirements within the environmental review process required by the National Environmental Policy Act (NEPA) and other Federal laws. The FTA and FHWA request public comments on this proposed guidance.

This notice announces the availability of the Federal Transit Administration's (FTA's) proposed Interim Guidance and Instructions: Small Starts Provision of the Section 5309 New Starts Program and requests your comments on it. The proposed guidance explains submission requirements and evaluation criteria that FTA plans to use to evaluate Small Starts projects in the interim period before publication of the Final Rule for Major Capital Investment Projects. FTA requests comments on the proposed interim guidance, which is available in DOT's electronic docket and on FTA's Web site.

This notice lists the additional committee members as nominated by the Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) and approved by the Deputy Administrator of the Federal Transit Administration (FTA). This notice also includes new meeting dates and times.

This final notice establishes the Federal Transit Administration's (FTA) policy concerning notice and comment for FTA documents that impose binding obligations. This final policy statement is consistent with the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005a Legacy for Users (SAFETEA-LU) amendments to FTA's administrative provisions statute.

The Federal Transit Administration (FTA) and Miami-Dade Transit (MDT) intend to prepare a Supplemental Draft Environmental Impact Statement (SDEIS) in accordance with the National Environmental Policy Act of 1969 (NEPA), for the proposed East-West Transit Corridor Study in Miami-Dade County, Florida, between Florida International University (FIU) and the Miami Intermodal Center (MIC) at Miami International Airport (MIA). The SDEIS will evaluate at least three alternatives: a No-Build Alternative; a Transportation System Management (TSM) Alternative; a Build Alternative; and any reasonable alternatives uncovered during the public scoping process. Scoping will be accomplished through meetings and correspondence with interested persons, organizations, the general public, Federal, State and local agencies. MDT will create a Coordination Plan to actively include public and participating agency involvement and comment during the entire NEPA process. The Coordination Plan will be found on the East- West Corridor Web site at https://www.miamidade.gov/transit. The purpose of this Notice of Intent is to re-notify interested parties of the intent to prepare the SDEIS and invite participation in the Study. An Advance Notification for the original East-West Corridor Multimodal Project was issued in 1993. The study area being evaluated in this SDEIS traverses the western portion (i.e., FIU to MIC) of the entire East-West Corridor between FIU and the Port of Miami that was studied in the East-West Multimodal Corridor Major Investment Study/Draft Environmental Impact Statement (MIS/DEIS) in 1995 and the East-West Multimodal Corridor Final Environmental Impact Statement (FEIS) in 1998. A Locally Preferred Alternative (LPA)/Minimum Operable Segment (MOS) emerged from this process and was the subject of a Record of Decision jointly issued by the Federal Highway Administration (FHWA) and FTA in 1998. With approval of the People's Transportation Plan (PTP) by Miami-Dade County voters in 2002, along with changes in growth and development along the western portion of the corridor, a redefinition of planned transit investments resulted in the locally proposed alternative. It is the intention of this action to improve mobility in the East-West Corridor.

The Federal Transit Administration (FTA) and the Metropolitan Transit Authority of Harris County (METRO) intend to prepare an Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA), to evaluate proposed public transportation improvements in the Houston metropolitan area. The area being studied, known as the University Corridor, extends approximately ten miles from the vicinity of the University of HoustonCentral Campus to the Uptown/Galleria area in southwest Houston. METRO is proposing to construct an electric-powered light rail transit line on one of several possible alignments in the corridor. The EIS will examine and evaluate a number of transit alternatives including a Transportation Systems Management Alternative and various Build Alternatives, consisting of light rail vehicles powered from overhead wires, by an internal diesel-electric system, or by an alternative fuel hybrid-electric system and alignment options within the corridor; and any additional alternatives generated by the scoping process. The location and design of needed ancillary facilities, such as maintenance facilities, will also be considered. Scoping of the EIS will be accomplished through a series of public meetings and stakeholder meetings, through correspondence with interested persons, organizations, and Federal, State, and local agencies, and through posting a scoping information packet on the internet and distributing the packet in hardcopy upon request.

This notice clarifies the effective date set forth in the notice of availability and request for comments for the Guidance on New Starts Policies and Procedures published on January 19, 2006, in the Federal Register. The Proposed Guidance on New Starts Policies and Procedures did not become effective on April 30, 2006, as stated in the January 19, 2006 notice. FTA will publish an additional notice in the Federal Register before new requirements are to become effective.

The Federal Transit Administration (FTA) and the City of Madison, WI (Madison) intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for a proposal by Madison to implement new transit operations in an approximately 13-mile travel corridor extending from the City of Middleton on the west, through the campus of the University of Wisconsin-Madison to the Isthmus of Madison, WI to the American Parkway interchange on US 151, southwest of Sun Prairie, WI and encompassing the surrounding urbanized areas. Growing mobility challenges coupled with very limited opportunity for highway capacity expansion has prompted the communities in the area to consider investment in transportation improvements, both to supplement and enhance existing Metro bus service and to extend service to new markets throughout the corridor and in the region. Alternatives proposed to be considered in the draft EIS include No Build, the Transportation System Management (TSM) Alternative and various Build Alternatives.

This competitive solicitation is for fiscal year 2006-2009 funding, subject to congressional appropriations action, for the new National Fuel Cell Bus Technology Development Program (NFCBP), administered by the Federal Transit Administration. The purpose of the program is to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. FTA intends to enter into grants, contracts, and cooperative agreements with no more than 3 geographically diverse nonprofit organizations and recipients under chapter 53 of title 49, United States Code, to conduct fuel cell bus technology and infrastructure projects under the program. Regional consortia in partnership with transit agencies are encouraged to apply. The Federal share of the cost of a project carried out under this Program shall not exceed 50 percent of such cost.

The FTA and the Florida Department of Transportation (FDOT) are issuing this notice to advise the public that, in accordance with the National Environmental Policy Act (NEPA), Tier 1 of a Tiered, Programmatic Environmental Impact Statement (PEIS) will be prepared for the South Florida East Coast Corridor Transit Analysis (SFECCTA) to evaluate transit improvements in Miami-Dade, Broward and Palm Beach Counties, Florida. The SFECCTA is located along the eastern spine of the tri-county South Florida region, centered on but not limited to the Florida East Coast (FEC) Railway alignment. The study proposes in Tier 1 to evaluate preferred technologies (e.g., rail, bus, express bus, etc.) and alignments through areas with heavily congested roadways and under-served, transit-dependent populations. These areas extend from Downtown Miami north through Ft. Lauderdale's Central Business District (CBD) and north of Downtown West Palm Beach to the Town of Jupiter and Village of Tequesta in northern Palm Beach County. The Tier 1 Analysis consists of a Regional Transit Alternatives Analysis. The Tier 2 Analyses will consist of subsequent Sectional Alternatives Analyses (per independent section of the SFECCTA study area).

This notice provides the opportunity for public comment on specific issues regarding the Federal Transit Administration's (FTA) implementation of Department of Transportation (DOT) guidance for participants of the Disadvantaged Business Enterprise (DBE) program. This guidance is applicable to recipients of Federal financial assistance from the Federal Transit Administration (FTA) located in the states under the U.S. Court of Appeals for the 9th Circuit (California, Oregon, Washington, Alaska, Arizona, Idaho, Montana, Nevada, and Hawaii).

This notice does several things. First, it summarizes comments FTA received in response to information about a new program for Public Transportation on Indian Reservations Program (hereafter referred to as the Tribal Transit Program) included in an earlier Federal Register notice dated November 30, 2005 (70 FR 71950), ``FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users,'' and details FTA's response to those comments. Second, it announces the process FTA proposes to use to allocate available funds starting in FY 2006 and the grant program provisions that FTA proposes to apply to the program. Third, the notice seeks further comment on the proposed process and grant program provisions. Finally, the notice announces two (2) public meetings sponsored by FTA to provide direct outreach to tribal governments about the Tribal Transit Program and allow for discussion of this notice.

This final rule amends 49 CFR Parts 661 and 663 as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005]. The Federal Transit Administration (FTA) proposed certain changes to the Buy America requirements on November 21, 2005 (70 FR 71246). This final rule addresses fewer issues than were proposed in the Notice of Proposed Rulemaking (NPRM) because of the complexity of a number of recommendations and issues presented during the comment period. Thus, FTA is publishing a final rule on those issues that received little or no public comment. FTA will publish a new NPRM in the Federal Register and hold a public meeting to address the issues raised in the NPRM published on November 21, 2005, but not addressed herein. Thereafter, FTA will publish a final rule with respect to such issues.