80_FR_18863 80 FR 18796 - Notice of Availability of Proposed Interim Policy Guidance for the Capital Investment Grant Program

80 FR 18796 - Notice of Availability of Proposed Interim Policy Guidance for the Capital Investment Grant Program

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 67 (April 8, 2015)

Page Range18796-18797
FR Document2015-08063

The Federal Transit Administration (FTA) invites public comment on interim policy guidance the agency is proposing for the Capital Investment Grant (CIG) program. The proposed interim guidance has been placed in the docket and posted on the FTA Web site. If adopted, this proposed interim policy guidance will complement FTA's regulations that govern the CIG program by providing a deeper level of detail about the methods for applying the project justification and local financial commitment criteria for rating and evaluating New Starts, Small Starts, and Core Capacity Improvement projects, and the procedures for getting through the steps in the process required by law.

Federal Register, Volume 80 Issue 67 (Wednesday, April 8, 2015)
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Proposed Rules]
[Pages 18796-18797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08063]



[[Page 18796]]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 611

[Docket No. FTA-2015-0007]
RIN 2132-ZA03


Notice of Availability of Proposed Interim Policy Guidance for 
the Capital Investment Grant Program

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability of proposed interim policy guidance; 
request for comments.

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SUMMARY: The Federal Transit Administration (FTA) invites public 
comment on interim policy guidance the agency is proposing for the 
Capital Investment Grant (CIG) program. The proposed interim guidance 
has been placed in the docket and posted on the FTA Web site. If 
adopted, this proposed interim policy guidance will complement FTA's 
regulations that govern the CIG program by providing a deeper level of 
detail about the methods for applying the project justification and 
local financial commitment criteria for rating and evaluating New 
Starts, Small Starts, and Core Capacity Improvement projects, and the 
procedures for getting through the steps in the process required by 
law.

DATES: Comments must be received on or before May 8, 2015. Any comments 
received beyond this deadline will be considered to the extent 
practicable.

ADDRESSES: You may submit comments to DOT docket number FTA-2015-0007 
by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and 
follow the online instructions for submitting comments.
    U.S. Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590-0001.
    Hand Delivery or Courier: U.S. Department of Transportation, 1200 
New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Fax: 202-493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and docket number (FTA-2015-0007) for this notice at 
the beginning of your comments. You must submit two copies of your 
comments if you submit them by mail. If you wish to receive 
confirmation FTA received your comments, you must include a self-
addressed, stamped postcard. Due to security procedures in effect since 
October 2001, mail received through the U.S. Postal Service may be 
subject to delays. Parties submitting comments may wish to consider 
using an express mail firm to ensure prompt filing of any submissions 
not filed electronically or by hand.
    All comments received will be posted, without charge and including 
any personal information provided, to http://www.regulations.gov, where 
they will be available to internet users. You may review DOT's complete 
Privacy Act Statement published in the Federal Register on April 11, 
2000, at 65 FR 19477. For access to the docket and to read background 
documents and comments received, go to http://regulations.gov at any 
time or to the U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Docket Management Facility, West Building Ground Floor, 
Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Elizabeth Day, FTA Office of Planning 
and Environment, telephone (202) 366-5159 or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 5309(g)(5), FTA is 
obliged to publish policy guidance on the review and evaluation process 
and criteria for projects eligible for Federal funding under the CIG 
program each time the agency makes significant changes to the process 
and criteria, and in any event, at least once every two years. Also, 
FTA is obliged to invite public comment on the guidance, and to publish 
its response to comments. In brief, the policy guidance that FTA 
periodically issues for the discretionary Capital Investment Grant 
(``CIG'') program complements the FTA regulations that govern the CIG 
program, codified at 49 CFR part 611. The regulations set forth the 
process that grant applicants must follow to be considered eligible for 
discretionary funding under the CIG program, and the procedures and 
criteria FTA uses to rate and evaluate the projects eligible for that 
discretionary funding. The policy guidance provides a greater level of 
detail about the methods FTA uses to apply the criteria for both 
project justification and local financial commitment, and the 
sequential steps a sponsor must follow in developing a project.
    The interim policy guidance FTA is proposing today is available in 
its entirety on the agency's public Web site at http://www.fta.dot.gov, 
and in the docket at http://www.regulations.gov. It is approximately 
100 typewritten pages in length, arranged in three stand-alone chapters 
for each of the three types of projects eligible for CIG funds: New 
Starts, Small Starts, and Core Capacity Improvements. Each chapter 
provides a short introduction, a discussion of eligibility for that 
type of project, a summary of the requirements for entry into and 
getting through each step of the CIG process, information on each of 
the project evaluation criteria, and an explanation of how FTA will 
determine the overall rating for a project. Each type of project in the 
CIG program--a New Start, Small Start, or Core Capacity Improvement--is 
governed by a unique set of requirements, although there are many 
similarities amongst the three sets of requirements.
    Most importantly, the guidance proposed today addresses four 
subjects not addressed in either the regulations or previous policy 
guidance for the CIG program. These are, specifically: (1) The measures 
and breakpoints for the congestion relief criterion applicable to New 
Starts and Small Starts projects; (2) the evaluation and rating process 
for Core Capacity Improvement projects, including the measures and 
breakpoints for all the project justification and local financial 
commitment criteria applicable to those projects; (3) the prerequisites 
for entry into each phase of the CIG process for each type of project 
in the CIG program, and the requirements for completing each phase of 
that process; and (4) ways in which certain New Starts, Small Starts, 
and Core Capacity Improvement projects can qualify for ``warrants'' 
entitling them to automatic ratings on some of the evaluation criteria. 
Readers should please direct their comments to these four subjects. All 
the other material in this guidance document has been developed through 
public notice-and-comment for the regulations at 49 CFR part 611 or the 
previous policy guidance for the CIG program. The newly proposed 
requirements are clearly identified in the text of each chapter, and in 
an accompanying table, for easy reference.
    This proposed policy guidance is characterized as ``interim'' in 
that, in the near future, FTA will initiate a rulemaking to amend the 
regulations at 49 CFR part 611 to fully carry out the authorization 
statute for the CIG program, 49 U.S.C. 5309, as amended by the Moving 
Ahead for Progress in the 21st Century Act (Pub. L. 112-141; July 6, 
2012) (``MAP-21''). The information gained through the public comment

[[Page 18797]]

process on this proposed interim policy guidance will inform the future 
rulemaking. After reviewing and responding to the comments received on 
this proposed guidance, FTA will issue a final iteration of the interim 
guidance, and then initiate the rulemaking.

Therese W. McMillan,
Acting Federal Transit Administrator.
[FR Doc. 2015-08063 Filed 4-7-15; 8:45 am]
 BILLING CODE P



                                                      18796                   Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules

                                                      DEPARTMENT OF TRANSPORTATION                            to receive confirmation FTA received                   entirety on the agency’s public Web site
                                                                                                              your comments, you must include a                      at http://www.fta.dot.gov, and in the
                                                      Federal Transit Administration                          self-addressed, stamped postcard. Due                  docket at http://www.regulations.gov. It
                                                                                                              to security procedures in effect since                 is approximately 100 typewritten pages
                                                      49 CFR Part 611                                         October 2001, mail received through the                in length, arranged in three stand-alone
                                                      [Docket No. FTA–2015–0007]                              U.S. Postal Service may be subject to                  chapters for each of the three types of
                                                                                                              delays. Parties submitting comments                    projects eligible for CIG funds: New
                                                      RIN 2132–ZA03                                           may wish to consider using an express                  Starts, Small Starts, and Core Capacity
                                                                                                              mail firm to ensure prompt filing of any               Improvements. Each chapter provides a
                                                      Notice of Availability of Proposed                      submissions not filed electronically or                short introduction, a discussion of
                                                      Interim Policy Guidance for the Capital                 by hand.                                               eligibility for that type of project, a
                                                      Investment Grant Program                                  All comments received will be posted,                summary of the requirements for entry
                                                      AGENCY:  Federal Transit Administration                 without charge and including any                       into and getting through each step of the
                                                      (FTA), DOT.                                             personal information provided, to                      CIG process, information on each of the
                                                                                                              http://www.regulations.gov, where they                 project evaluation criteria, and an
                                                      ACTION: Notice of availability of
                                                                                                              will be available to internet users. You               explanation of how FTA will determine
                                                      proposed interim policy guidance;
                                                                                                              may review DOT’s complete Privacy Act                  the overall rating for a project. Each type
                                                      request for comments.
                                                                                                              Statement published in the Federal                     of project in the CIG program—a New
                                                      SUMMARY:   The Federal Transit                          Register on April 11, 2000, at 65 FR                   Start, Small Start, or Core Capacity
                                                      Administration (FTA) invites public                     19477. For access to the docket and to                 Improvement—is governed by a unique
                                                      comment on interim policy guidance                      read background documents and                          set of requirements, although there are
                                                      the agency is proposing for the Capital                 comments received, go to http://                       many similarities amongst the three sets
                                                      Investment Grant (CIG) program. The                     regulations.gov at any time or to the U.S.             of requirements.
                                                      proposed interim guidance has been                      Department of Transportation, 1200                        Most importantly, the guidance
                                                      placed in the docket and posted on the                  New Jersey Avenue SE., Docket                          proposed today addresses four subjects
                                                      FTA Web site. If adopted, this proposed                 Management Facility, West Building                     not addressed in either the regulations
                                                      interim policy guidance will                            Ground Floor, Room W12–140,                            or previous policy guidance for the CIG
                                                      complement FTA’s regulations that                       Washington, DC 20590 between 9 a.m.                    program. These are, specifically: (1) The
                                                      govern the CIG program by providing a                   and 5 p.m., Monday through Friday,                     measures and breakpoints for the
                                                      deeper level of detail about the methods                except Federal holidays.                               congestion relief criterion applicable to
                                                      for applying the project justification and                                                                     New Starts and Small Starts projects; (2)
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      local financial commitment criteria for                                                                        the evaluation and rating process for
                                                                                                              Elizabeth Day, FTA Office of Planning
                                                      rating and evaluating New Starts, Small                                                                        Core Capacity Improvement projects,
                                                                                                              and Environment, telephone (202) 366–
                                                      Starts, and Core Capacity Improvement                                                                          including the measures and breakpoints
                                                                                                              5159 or Elizabeth.Day@dot.gov.
                                                      projects, and the procedures for getting                                                                       for all the project justification and local
                                                                                                              SUPPLEMENTARY INFORMATION: Pursuant                    financial commitment criteria
                                                      through the steps in the process                        to 49 U.S.C. 5309(g)(5), FTA is obliged
                                                      required by law.                                                                                               applicable to those projects; (3) the
                                                                                                              to publish policy guidance on the                      prerequisites for entry into each phase
                                                      DATES: Comments must be received on                     review and evaluation process and                      of the CIG process for each type of
                                                      or before May 8, 2015. Any comments                     criteria for projects eligible for Federal             project in the CIG program, and the
                                                      received beyond this deadline will be                   funding under the CIG program each                     requirements for completing each phase
                                                      considered to the extent practicable.                   time the agency makes significant                      of that process; and (4) ways in which
                                                      ADDRESSES: You may submit comments                      changes to the process and criteria, and               certain New Starts, Small Starts, and
                                                      to DOT docket number FTA–2015–0007                      in any event, at least once every two                  Core Capacity Improvement projects can
                                                      by any of the following methods:                        years. Also, FTA is obliged to invite                  qualify for ‘‘warrants’’ entitling them to
                                                        Federal eRulemaking Portal: Go to                     public comment on the guidance, and to                 automatic ratings on some of the
                                                      http://www.regulations.gov and follow                   publish its response to comments. In                   evaluation criteria. Readers should
                                                      the online instructions for submitting                  brief, the policy guidance that FTA                    please direct their comments to these
                                                      comments.                                               periodically issues for the discretionary              four subjects. All the other material in
                                                        U.S. Mail: Docket Management                          Capital Investment Grant (‘‘CIG’’)                     this guidance document has been
                                                      Facility, U.S. Department of                            program complements the FTA                            developed through public notice-and-
                                                      Transportation, 1200 New Jersey                         regulations that govern the CIG program,               comment for the regulations at 49 CFR
                                                      Avenue SE., West Building, Room W12–                    codified at 49 CFR part 611. The                       part 611 or the previous policy guidance
                                                      140, Washington, DC 20590–0001.                         regulations set forth the process that                 for the CIG program. The newly
                                                        Hand Delivery or Courier: U.S.                        grant applicants must follow to be                     proposed requirements are clearly
                                                      Department of Transportation, 1200                      considered eligible for discretionary                  identified in the text of each chapter,
                                                      New Jersey Avenue SE., West Building,                   funding under the CIG program, and the                 and in an accompanying table, for easy
                                                      Ground Floor, Room W12–140,                             procedures and criteria FTA uses to rate               reference.
                                                      Washington, DC 20590, between 9 a.m.                    and evaluate the projects eligible for                    This proposed policy guidance is
                                                      and 5 p.m., Monday through Friday,                      that discretionary funding. The policy                 characterized as ‘‘interim’’ in that, in the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      except Federal holidays.                                guidance provides a greater level of                   near future, FTA will initiate a
                                                        Fax: 202–493–2251.                                    detail about the methods FTA uses to                   rulemaking to amend the regulations at
                                                        Instructions: You must include the                    apply the criteria for both project                    49 CFR part 611 to fully carry out the
                                                      agency name (Federal Transit                            justification and local financial                      authorization statute for the CIG
                                                      Administration) and docket number                       commitment, and the sequential steps a                 program, 49 U.S.C. 5309, as amended by
                                                      (FTA–2015–0007) for this notice at the                  sponsor must follow in developing a                    the Moving Ahead for Progress in the
                                                      beginning of your comments. You must                    project.                                               21st Century Act (Pub. L. 112–141; July
                                                      submit two copies of your comments if                     The interim policy guidance FTA is                   6, 2012) (‘‘MAP–21’’). The information
                                                      you submit them by mail. If you wish                    proposing today is available in its                    gained through the public comment


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                                                                              Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules                                           18797

                                                      process on this proposed interim policy                 0003, click the ‘‘Comment Now!’’ icon,                 Snowy Grouper Commercial and
                                                      guidance will inform the future                         complete the required fields, and enter                Recreational ACLs
                                                      rulemaking. After reviewing and                         or attach your comments.
                                                                                                                                                                        In 2013, a standard stock assessment
                                                      responding to the comments received on                     • Mail: Submit written comments to
                                                      this proposed guidance, FTA will issue                                                                         for snowy grouper was conducted using
                                                                                                              Nikhil Mehta, Southeast Regional
                                                      a final iteration of the interim guidance,                                                                     the Southeast Data, Assessment, and
                                                                                                              Office, NMFS, 263 13th Avenue South,
                                                      and then initiate the rulemaking.                                                                              Review (SEDAR) process (SEDAR 36).
                                                                                                              St. Petersburg, FL 33701.
                                                                                                                                                                     SEDAR 36 indicates the snowy grouper
                                                      Therese W. McMillan,                                       Instructions: Comments sent by any                  stock is no longer undergoing
                                                      Acting Federal Transit Administrator.                   other method, to any other address or                  overfishing, remains overfished, and is
                                                                                                              individual, or received after the end of               rebuilding.
                                                      [FR Doc. 2015–08063 Filed 4–7–15; 8:45 am]
                                                                                                              the comment period, may not be
                                                      BILLING CODE P
                                                                                                              considered by NMFS. All comments                          Snowy grouper is in a rebuilding plan
                                                                                                              received are a part of the public record               and catch levels are currently being held
                                                                                                              and will generally be posted for public                constant as the stock rebuilds. While the
                                                      DEPARTMENT OF COMMERCE                                  viewing on www.regulations.gov                         amendment states that it is changing the
                                                                                                              without change. All personal identifying               rebuilding strategy, the effect of the
                                                      National Oceanic and Atmospheric                                                                               action is to adopt the acceptable
                                                                                                              information (e.g., name, address, etc.),
                                                      Administration                                                                                                 biological catch (ABC) chosen by the
                                                                                                              confidential business information, or
                                                                                                              otherwise sensitive information                        Council as recommended by the
                                                      50 CFR Part 622                                                                                                Council’s Scientific and Statistical
                                                                                                              submitted voluntarily by the sender will
                                                      [Docket No. 140611492–5308–01]                          be publicly accessible. NMFS will                      Committee (SSC) based upon the stock
                                                                                                              accept anonymous comments (enter ‘‘N/                  assessment. The Council’s SSC
                                                      RIN 0648–BE30                                                                                                  recommended an ABC equal to the yield
                                                                                                              A’’ in the required fields if you wish to
                                                                                                              remain anonymous).                                     at 75 percent of the fishing mortality at
                                                      Fisheries of the Caribbean, Gulf of                                                                            maximum sustainable yield (FMSY),
                                                      Mexico, and South Atlantic; Snapper-                       Electronic copies of the regulatory                 which would allow ABC to increase as
                                                      Grouper Fishery Off the Southern                        amendment, which includes an                           the stock rebuilds.
                                                      Atlantic States; Regulatory                             environmental assessment and an initial
                                                      Amendment 20                                            regulatory flexibility analysis (IRFA),                   The current ABC is 87,254 lb (39,578
                                                                                                              may be obtained from the Southeast                     kg), which equals the total allowable
                                                      AGENCY:  National Marine Fisheries                      Regional Office Web site at http://                    catch specified by the rebuilding
                                                      Service (NMFS), National Oceanic and                    sero.nmfs.noaa.gov/sustainable_                        strategy in Amendment 15A to the FMP.
                                                      Atmospheric Administration (NOAA),                      fisheries/s_atl/sg/2015/reg_am20/                      As described in Regulatory Amendment
                                                      Commerce.                                               index.html.                                            20, the ABC would increase to 139,098
                                                      ACTION: Proposed rule; request for                                                                             lb (63,094 kg) in 2015; 151,518 lb
                                                      comments.                                               FOR FURTHER INFORMATION CONTACT:                       (68,727 kg) in 2016; 163,109 lb (73,985
                                                                                                              Nikhil Mehta, telephone: 727–824–                      kg) in 2017; 173,873 lb (78,867 kg) in
                                                      SUMMARY:    NMFS proposes regulations to                5305, or email: nikhil.mehta@noaa.gov.                 2018; and 185,464 lb (84,125 kg) in 2019
                                                      implement Regulatory Amendment 20                       SUPPLEMENTARY INFORMATION: Snowy                       and subsequent fishing years.
                                                      to the Fishery Management Plan for the                  grouper is in the snapper-grouper                         SEDAR 36 updated the historical
                                                      Snapper-Grouper Fishery of the South                    fishery of the South Atlantic and is                   landings data for snowy grouper from
                                                      Atlantic Region (FMP) (Regulatory                       managed under the FMP. The FMP was                     the Marine Recreational Fisheries
                                                      Amendment 20), as prepared and                          prepared by the Council and is                         Statistical Survey (MRFSS) to the
                                                      submitted by the South Atlantic Fishery                 implemented through regulations at 50                  Marine Recreational Information
                                                      Management Council (Council). If                        CFR part 622 under the authority of the                Program (MRIP). Additionally,
                                                      implemented, this proposed rule would                   Magnuson-Stevens Act.                                  recreational landings from Monroe
                                                      revise the snowy grouper annual catch                                                                          County, Florida, which encompasses the
                                                      limits (ACLs), commercial trip limit,                   Background
                                                                                                                                                                     islands of the Florida Keys, were
                                                      and recreational fishing season. The                       The Magnuson-Stevens Act requires                   included in the SEDAR 36 stock
                                                      purpose of this rule is to help achieve                 NMFS and regional fishery management                   assessment. The recreational landings
                                                      optimum yield (OY) and prevent                          councils to achieve on a continuing                    data from Monroe County were not
                                                      overfishing of snowy grouper while                      basis the OY from federally-managed                    included in the first stock assessment
                                                      enhancing socio-economic                                fish stocks. This mandate is intended to               conducted for snowy grouper in 2004
                                                      opportunities within the snapper-                       ensure that fishery resources are                      (SEDAR 4) because it was not possible
                                                      grouper fishery in accordance with the                  managed for the greatest overall benefit               at that time to separate out the data from
                                                      requirements of the Magnuson-Stevens                    to the nation, particularly with respect               Monroe County from the landings data
                                                      Fishery Conservation and Management                     to providing food production and                       for the rest of the west coast of Florida.
                                                      Act (Magnuson-Stevens Act).                             recreational opportunities, and                        However, in 2013, a method was
                                                      DATES: Written comments must be                         protecting marine ecosystems.                          developed for extracting and separating
                                                      received on or before May 8, 2015.                                                                             the recreational landings from Monroe
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              Management Measures Contained in
                                                      ADDRESSES: You may submit comments                                                                             County from the rest of the west coast
                                                                                                              This Proposed Rule
                                                      on the proposed rule, identified by                                                                            of Florida and therefore, the Monroe
                                                      ‘‘NOAA–NMFS–2015–0003’’ by either                         This proposed rule would revise the                  County recreational data were included
                                                      of the following methods:                               snowy grouper ACLs for both the                        in SEDAR 36. When applying the
                                                         • Electronic Submission: Submit all                  commercial and recreational sectors,                   existing allocation formula for snowy
                                                      electronic public comments via the                      revise the commercial trip limits, and                 grouper to the change in landings from
                                                      Federal e-Rulemaking Portal. Go to                      revise the recreational fishing season.                the SEDAR 36 assessment, a shift results
                                                      www.regulations.gov/                                    All weights described in the preamble of               in the sector ACLs from 95 percent
                                                      #!docketDetail;D=NOAA-NMFS-2015-                        this proposed rule are in gutted weight.               commercial and 5 percent recreational


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Document Created: 2018-02-21 10:06:55
Document Modified: 2018-02-21 10:06:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability of proposed interim policy guidance; request for comments.
DatesComments must be received on or before May 8, 2015. Any comments received beyond this deadline will be considered to the extent practicable.
ContactElizabeth Day, FTA Office of Planning and Environment, telephone (202) 366-5159 or [email protected]
FR Citation80 FR 18796 
RIN Number2132-ZA03

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