[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33503-33504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9030]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket Number: FTA-2006-24947]
Notice of Availability of Proposed Interim Guidance and
Instructions for Small Starts and Request for Comments
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of availability; Request for comments.
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SUMMARY: 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.
DATES: Comments must be received by July 10, 2006. Late filed comments
will be considered to the extent practicable.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
FTA-2006-24947] by any of the following methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Instructions: You must include the agency name (Federal Transit
Administration) and the docket number (FTA-2006-24947). You should
submit two copies of your comments if you submit them by mail. If you
wish to receive confirmation that FTA received your comments, you must
include a self-addressed stamped postcard. Note that all comments
received will be posted without change to the Department's Docket
Management System (DMS) Web site located at http://dms.dot.gov. This
means that if your comment includes any personal identifying
information, such information will be made available to users of DMS.
FOR FURTHER INFORMATION CONTACT: Ron Fisher, Office of Planning and
Environment, telephone (202) 366-4033, Federal Transit Administration,
U.S. Department of Transportation, 400 Seventh Street, SW., Washington,
DC 20590 or [email protected].
SUPPLEMENTARY INFORMATION:
1. Background
The Safe, Accountable, Flexible, Efficient Transportation Equity
Act--A Legacy for Users (SAFETEA-LU), enacted on August 10, 2005,
established a new ``Small Starts'' program category for projects that
seek less than $75,000,000 in funding from the Federal Transit
Administration's (FTA's) Section 5309 New Starts Program and that have
a total project cost of less than $250,000,000. SAFETEA-LU called for
FTA to issue regulations to implement this new program category.
Authorizations for Small Starts begin in Fiscal Year 2007. In addition,
SAFETEA-LU made a number of other changes in FTA's New Starts Program
(for projects too large to qualify as a Small Start). Consistent with
SAFETEA-LU requirements to do so, FTA published a notice in the Federal
Register on January 19, 2006, providing proposed revisions to FTA's New
Starts Policy and draft New Starts Program guidance. This notice
indicated that changes in the New Starts program required by SAFETEA-LU
would be subject to a subsequent rulemaking and provided additional
material describing possible approaches to implementing the changes
which would be the subject of that rulemaking. In addition, on January
30, 2006, FTA issued an Advance Notice of Proposed Rulemaking (ANPRM)
related to implementation of the Small Starts program category. In both
Federal Register notices, FTA indicated that it expected that a single
regulation would be issued to cover both Small Starts and New Starts
and that a later Notice of Proposed Rulemaking would be issued covering
both programs. As promised in the January 19, 2006, notice, on May 22,
2006, FTA issued a notice responding to the comments received on the
proposed New Starts policy changes and draft Program Guidance,
announcing the final policy changes and making available the final
Program Guidance.
The statutory language in section 5309(e) of Title 49, United
States Code, which establishes the Small Starts category, provides for
some significant differences for the Small Starts program in comparison
to the requirements for larger New Starts projects in section 5309(d).
The eligibility for funding is broader, including certain ``corridor-
based bus capital projects,'' rather than only new ``fixed guideway''
systems and extensions. As noted above, projects are limited to those
with a proposed section 5309 amount of less than $75,000,000 and a
total project cost of less than $250,000,000. Recognizing the smaller
size of the projects to be funded, a number of simplifications are put
in place. First, the project justification criteria are simplified,
focusing on three criteria--cost-effectiveness, public transportation
supportive land use policies, and effect on local economic
development--rather than the more extensive list provided for in
section 5309(d). The criteria for local financial commitment have been
simplified to focus only on a shorter term financial plan. The project
development process has three steps--alternatives analysis, project
development, and construction--rather than the four steps--alternatives
analysis, preliminary engineering, final design, and construction--in
the section 5309(d) process. Finally, the instrument used for
implementing these Small Starts projects is a ``project construction
grant agreement,'' which is to be structured as a streamlined version
of the ``full funding grant agreement'' required for larger New Starts
projects under section 5309(d).
2. Summary
As noted in the May 22, 2006, notice, FTA received numerous
comments on both the January 19, 2006, notice on New Starts and the
January 30, 2006 ANPRM on Small Starts. It has become clear that the
issues involved in developing the New Starts/Small Starts
[[Page 33504]]
regulations are complex. Given the depth of interest among FTA's
stakeholders and the time needed to develop an NPRM, it is clear that
it will not be possible for the NPRM to be developed and issued,
comments received and addressed, and a Final Rule published before the
start of Fiscal Year 2007. While the existing New Starts regulation can
continue to be used to govern the New Starts program, the process in
place is not consistent with the simplifications intended for the Small
Starts program. FTA does not feel it would be consistent with the
legislative intent for this new program category to require candidate
projects for funding under this category to be subject to the same
level of analysis now required for New Starts projects until a Final
Rule can be promulgated. Thus, FTA has developed and is hereby making
available proposed Interim Guidance on Small Starts. The proposed
guidance is intended to allow project sponsors to begin to develop
candidate Small Starts projects for evaluation and potential funding in
fiscal year 2007 and to permit projects to be evaluated for possible
inclusion in the fiscal year 2008 New Starts Report, to be issued in
February 2007.
In developing the proposed Interim Guidance for Small Starts, FTA's
primary goal was to account for the intent of SAFETEA-LU to develop
project development processes and evaluation criteria that are simpler
than those required for New Starts. At the same time, FTA recognizes
that there may be additional streamlining steps that may be taken as
part of the rulemaking process. On the other hand, the final results of
the rulemaking process cannot yet be predicted. Pending the results of
that process, FTA wants to make sure that project sponsors would not be
faced with a situation in which project sponsors might have to be
required to go back and do additional work to comply with the
requirements in the Final Rule. Thus, the Interim Guidance is largely
based on the current New Starts project development and evaluation
process, simplified to account for those differences that are clearly
defined in SAFETEA-LU. In addition, FTA has created a sub-category of
Very Small Starts projects, which by their very nature will be rated as
``Medium''. While FTA is seeking comment on all aspects of the Interim
Guidance, in particular, FTA is interested if there are other ways to
streamline the financial reporting and land use requirements and
whether it is appropriate, in the interim, to evaluate economic
development as an ``Other Factor''. Furthermore, FTA seeks comments on
its approach to using the same cost-effectiveness breakpoints that are
currently applied to all New Starts projects, but adjusted upward using
a nationally estimated 20-year growth forecast applied to the user
benefits of the opening year to account for the additional user
benefits that are expected to accrue from the project over a 20 year
period. Project sponsors would not be required to submit anything other
than opening year forecasts, as required by SAFETEA-LU, but projects
would not be penalized by the fact that the current breakpoints were
originally calculated assuming a 20 year forecast.
FTA will be exploring further simplification and process
improvements both for Small Starts and New Starts as it develops the
NPRM. Comments on the ANPRM, the January 19, 2006, notice, and the
guidance made available by this notice will be taken into account in
that process. FTA believes that the approach contained in the proposed
Interim Guidance may be streamlined further in the NPRM and Final Rule.
Project sponsors complying with the proposed Interim Guidance would
thus be assured that they would easily comply with the Final Rule.
Although FTA is not providing a detailed summary of the comments
received on the ANPRM at this time, FTA did take the comments into
account in developing the proposed Interim Guidance. The proposed
Interim Guidance is not intended to fully address all of the changes
which may be proposed in the Final Rule. Further, the proposed Interim
Guidance is being made available for comment at this time. Thus, FTA
felt it was more appropriate to summarize the comment on both the
original ANPRM and on this Notice when the NPRM is issued and it will
summarize comments received on the proposed Interim Guidance when it is
published as final in the Federal Register.
FTA has posted the proposed Interim Guidance on its Web site as
well as in the docket for this notice. Comments should be made to the
docket in accordance with the instructions provided above.
Issued in Washington, DC this 6th day of June 2006.
Sandra K. Bushue,
Deputy Administrator.
[FR Doc. E6-9030 Filed 6-8-06; 8:45 am]
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