80 FR 46514 - Notice of Availability of Final Interim Policy Guidance for the Capital Investment Grant Program
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 80, Issue 150 (August 5, 2015)
Federal Transit Administration
Federal Register Volume 80, Issue 150 (August 5, 2015)
| Page Range | 46514-46515 | |
| FR Document | 2015-19200 |
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)] [Rules and Regulations] [Pages 46514-46515] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19200] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 611 [Docket No. FTA-2015-0007] RIN 2132-ZA03 Notice of Availability of Final Interim Policy Guidance for the Capital Investment Grant Program AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of availability of final interim policy guidance. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) is announcing the availability of final interim policy guidance on the Capital Investment Grant (``CIG'') program. The final interim guidance has been placed both in the docket and on FTA's Web site. In brief, the policy guidance that FTA periodically issues on the CIG program complements the FTA regulations that govern the program. The regulations set forth the process that grant applicants must follow to be eligible for discretionary funding under the CIG program. The policy guidance provides a greater level of detail about the methods FTA uses to apply the evaluation criteria and the sequential steps a sponsor must follow in developing a project. DATES: This final policy guidance is effective August 5, 2015. 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 required to publish policy guidance on the CIG program each time the agency makes significant changes to the process and/or evaluation criteria, and in any event, at least once every two years. Also, FTA [[Page 46515]] is required to invite public comment on the policy guidance, and to publish its response to comments. In this instance, FTA published proposed interim policy guidance on April 8, 2015, at 80 FR 18796 (http://www.thefederalregister.org/fdsys/pkg/FR-2015-04-08/pdf/2015-08063.pdf). The final interim policy guidance and our response to comments is available on FTA's public Web site at http://www.fta.dot.gov/newstarts and in the docket at http://www.regulations.gov. The final interim policy guidance addresses four subjects not addressed in either the regulations or the previous policy guidance document for the CIG program. Specifically these are: (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. This final policy guidance is characterized as ``interim'' because, in the near future, FTA will initiate a rulemaking to amend the regulations at 49 CFR part 611 to fully carry out the authorizing 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 process on the interim policy guidance will inform the future rulemaking. The final interim policy guidance being published today 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. The final interim policy guidance does not address the Program of Interrelated Projects provisions or the pilot program for expedited project delivery included in MAP-21. The Program of Interrelated Projects provisions will be addressed through future rulemaking and policy guidance updates. On July 7, 2015, FTA published in a separate Federal Register notice at 80 FR 38801 (http://www.thefederalregister.org/fdsys/pkg/FR-2015-07-07/pdf/2015-16515.pdf), a request for expressions of interest for the pilot program for expedited project delivery. FTA received 539 separate comments on the proposed interim policy guidance from 41 commenters, including cities, transit operators, state agencies, metropolitan planning organizations, non-profit organizations, and interested citizens. FTA's summary and response to these comments is available both on the agency's public Web site at http://www.fta.dot.gov/newstarts and in the docket at http://www.regulations.gov. The public comments are available, in their entirety, on the docket at http://www.regulations.gov. This final interim policy guidance is effective immediately. It provides technical details necessary for FTA to apply the project evaluation and rating criteria. Sponsors of New Starts, Small Starts, and Core Capacity projects need this final interim policy guidance to gather and submit the data and information needed by FTA to move their projects into and through the process. In turn, FTA needs this data from project sponsors to prepare the agency's annual report to Congress on capital investment funding recommendations for the forthcoming Federal fiscal year, as required by 49 U.S.C. 5309(o)(1). For these reasons, and in accordance with the Administrative Procedure Act, 5 U.S.C. 553(d), FTA finds good cause for an exception to the requirement for 30-day publication prior to an effective date. Issued in Washington, DC, under the authority delegated at 49 CFR 1.91. Therese W. McMillan, Acting Administrator. [FR Doc. 2015-19200 Filed 8-4-15; 8:45 am] BILLING CODE P
![46514 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
equipment is located undergo agreement with the foreign carrier (g) In the event that airport personnel
substantial renovation or expansion. allocating responsibility for meeting the are involved in providing boarding
(3) If an airport installs new boarding and deplaning assistance assistance, the airport shall ensure that
televisions and other audio-visual requirements of this section between or they are trained to proficiency in the use
displays for passenger safety briefings, among the parties. The agreement shall of the boarding assistance equipment
information, or entertainment on or after be made available, on request, to used at the airport and appropriate
October 5, 2015, such equipment must representatives of the Department of boarding assistance procedures that
have high-contrast captioning Transportation. safeguard the safety and dignity of
capability. (1) The agreement shall provide that passengers.
* * * * * all actions necessary to ensure Issued this day of July 29, 2015, in
■ 4. Revise § 27.72 to read as follows:
accessible boarding and deplaning for Washington, DC.
passengers with disabilities are Anthony R. Foxx,
§ 27.72 Boarding assistance for aircraft. completed as soon as practicable, but no Secretary of Transportation.
(a) This section applies to airports later than December 3, 2015.
[FR Doc. 2015–19078 Filed 8–4–15; 8:45 am]
with 10,000 or more annual (2) All airport operators and foreign
BILLING CODE 4910–9X–P
enplanements. carriers involved are jointly and
(b) Airports shall, in cooperation with severally responsible for the timely and
carriers serving the airports, provide complete implementation of the DEPARTMENT OF TRANSPORTATION
boarding assistance to individuals with agreement.
disabilities using mechanical lifts, (3) The agreement shall ensure that all Federal Transit Administration
ramps, or other devices that do not lifts and other accessibility equipment
require employees to lift or carry are maintained in proper working 49 CFR Part 611
passengers up stairs. This section condition.
(e) Boarding assistance agreements [Docket No. FTA–2015–0007]
applies to all aircraft with a passenger
capacity of 19 or more passenger seats, required in paragraphs (c) and (d) of this RIN 2132–ZA03
except as provided in paragraph (e) of section are not required to apply to the
this section. Paragraph (c) of this section following situations: Notice of Availability of Final Interim
applies to U.S. carriers and paragraph (1) Access to float planes; Policy Guidance for the Capital
(d) of this section applies to foreign (2) Access to the following 19-seat Investment Grant Program
carriers. capacity aircraft models: The Fairchild
Metro, the Jetstream 31 and 32, the AGENCY: Federal Transit Administration
(c) Each airport operator shall
Beech 1900 (C and D models), and the (FTA), DOT.
negotiate in good faith with each U.S.
carrier serving the airport concerning Embraer EMB–120; ACTION: Notice of availability of final
the acquisition and use of boarding (3) Access to any other aircraft model interim policy guidance.
assistance devices to ensure the determined by the Department of
SUMMARY: The Federal Transit
provision of mechanical lifts, ramps, or Transportation to be unsuitable for
Administration (FTA) is announcing the
other devices for boarding and boarding and deplaning assistance by
availability of final interim policy
deplaning where level-entry loading lift, ramp, or other suitable device. The
guidance on the Capital Investment
bridges are not available. The airport Department will make such a
Grant (‘‘CIG’’) program. The final
operator must have a written, signed determination if it concludes that—
interim guidance has been placed both
agreement with each U.S. carrier (i) No existing boarding and
in the docket and on FTA’s Web site. In
allocating responsibility for meeting the deplaning assistance device on the
brief, the policy guidance that FTA
boarding and deplaning assistance market will accommodate the aircraft
periodically issues on the CIG program
requirements of this section between or without significant risk of serious
complements the FTA regulations that
among the parties. The agreement shall damage to the aircraft or injury to
govern the program. The regulations set
be made available, on request, to passengers or employees, or
forth the process that grant applicants
representatives of the Department of (ii) Internal barriers are present in the must follow to be eligible for
Transportation. aircraft that would preclude passengers discretionary funding under the CIG
(1) All airport operators and U.S. who use a boarding or aisle chair from program. The policy guidance provides
carriers involved are jointly and reaching a non-exit row seat. a greater level of detail about the
severally responsible for the timely and (f) When level-entry boarding and methods FTA uses to apply the
complete implementation of the deplaning assistance is not required to evaluation criteria and the sequential
agreement. be provided under paragraph (e) of this steps a sponsor must follow in
(2) The agreement shall ensure that all section, or cannot be provided as developing a project.
lifts and other accessibility equipment required by paragraphs (b), (c), and (d)
DATES: This final policy guidance is
are maintained in proper working of this section (e.g., because of
condition. mechanical problems with a lift), effective August 5, 2015.
(d) Each airport operator shall boarding assistance shall be provided by FOR FURTHER INFORMATION CONTACT:
negotiate in good faith with each foreign any available means to which the Elizabeth Day, FTA Office of Planning
carrier serving the airport concerning passenger consents. However, hand- and Environment, telephone (202) 366–
the acquisition and use of boarding carrying (i.e., directly picking up the 5159 or Elizabeth.Day@dot.gov.
assistance devices to ensure the passenger’s body in the arms of one or SUPPLEMENTARY INFORMATION: Pursuant
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provision of mechanical lifts, ramps, or more carrier personnel to effect a level to 49 U.S.C. 5309(g)(5), FTA is required
other devices for boarding and change the passenger needs to enter or to publish policy guidance on the CIG
deplaning where level-entry loading leave the aircraft) must never be used, program each time the agency makes
bridges are not available. The airport even if the passenger consents, unless significant changes to the process and/
operator shall, by no later than this is the only way of evacuating the or evaluation criteria, and in any event,
November 3, 2015, sign a written individual in the event of an emergency. at least once every two years. Also, FTA
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![Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations 46515
is required to invite public comment on many similarities amongst the three sets DEPARTMENT OF COMMERCE
the policy guidance, and to publish its of requirements.
response to comments. In this instance, National Oceanic and Atmospheric
The final interim policy guidance
FTA published proposed interim policy Administration
does not address the Program of
guidance on April 8, 2015, at 80 FR
Interrelated Projects provisions or the
18796 (http://www.gpo.gov/fdsys/pkg/ 50 CFR Part 300
pilot program for expedited project
FR-2015-04-08/pdf/2015-08063.pdf). [Docket No. 130717632–4285–02]
The final interim policy guidance and delivery included in MAP–21. The
our response to comments is available Program of Interrelated Projects RIN 0648–XE085
on FTA’s public Web site at http:// provisions will be addressed through
www.fta.dot.gov/newstarts and in the future rulemaking and policy guidance International Fisheries; Pacific Tuna
docket at http://www.regulations.gov. updates. On July 7, 2015, FTA Fisheries; 2015 Bigeye Tuna Longline
The final interim policy guidance published in a separate Federal Register Fishery Closure in the Eastern Pacific
addresses four subjects not addressed in notice at 80 FR 38801 (http:// Ocean
either the regulations or the previous www.gpo.gov/fdsys/pkg/FR-2015-07-07/ AGENCY: National Marine Fisheries
policy guidance document for the CIG pdf/2015-16515.pdf), a request for Service (NMFS), National Oceanic and
program. Specifically these are: (1) The expressions of interest for the pilot Atmospheric Administration (NOAA),
measures and breakpoints for the program for expedited project delivery. Commerce.
congestion relief criterion applicable to
FTA received 539 separate comments ACTION: Temporary rule; closure.
New Starts and Small Starts projects; (2)
on the proposed interim policy
the evaluation and rating process for SUMMARY: NMFS is temporarily closing
Core Capacity Improvement projects, guidance from 41 commenters,
the U.S. pelagic longline fishery for
including the measures and breakpoints including cities, transit operators, state
bigeye tuna for vessels over 24 meters in
for all the project justification and local agencies, metropolitan planning
overall length in the eastern Pacific
financial commitment criteria organizations, non-profit organizations, Ocean (EPO) through December 31,
applicable to those projects; (3) the and interested citizens. FTA’s summary 2015 because the 2015 catch limit of 500
prerequisites for entry into each phase and response to these comments is metric tons is expected to be reached.
of the CIG process for each type of available both on the agency’s public This action is necessary to prevent the
project in the CIG program, and the Web site at http://www.fta.dot.gov/ fishery from exceeding the applicable
requirements for completing each phase newstarts and in the docket at http:// catch limit established by the Inter-
of that process; and (4) ways in which www.regulations.gov. The public American Tropical Tuna Commission
certain New Starts, Small Starts, and comments are available, in their (IATTC) in Resolution C–13–01, which
Core Capacity Improvement projects can entirety, on the docket at http:// governs tuna conservation in the EPO
qualify for ‘‘warrants’’ entitling them to www.regulations.gov. from 2014–2016.
automatic ratings on some of the DATES: The rule is effective 12 a.m. local
This final interim policy guidance is
evaluation criteria. This final policy time August 12, 2015, through 11:59
guidance is characterized as ‘‘interim’’ effective immediately. It provides
technical details necessary for FTA to p.m. local time December 31, 2015.
because, in the near future, FTA will
apply the project evaluation and rating FOR FURTHER INFORMATION CONTACT:
initiate a rulemaking to amend the
regulations at 49 CFR part 611 to fully criteria. Sponsors of New Starts, Small Taylor Debevec, NMFS West Coast
carry out the authorizing statute for the Starts, and Core Capacity projects need Region, 562–980–4066.
CIG program, 49 U.S.C. 5309, as this final interim policy guidance to SUPPLEMENTARY INFORMATION: The
amended by the Moving Ahead for gather and submit the data and United States is a member of the IATTC,
Progress in the 21st Century Act (Pub. information needed by FTA to move which was established under the
L. 112–141; July 6, 2012) (‘‘MAP–21’’). their projects into and through the Convention for the Establishment of an
The information gained through the process. In turn, FTA needs this data Inter-American Tropical Tuna
public comment process on the interim from project sponsors to prepare the Commission signed in 1949
policy guidance will inform the future agency’s annual report to Congress on (Convention). The Convention provides
rulemaking. capital investment funding an international agreement to ensure the
The final interim policy guidance recommendations for the forthcoming effective international conservation and
being published today is approximately management of highly migratory species
Federal fiscal year, as required by 49
100 typewritten pages in length, of fish in the IATTC Convention Area.
U.S.C. 5309(o)(1). For these reasons, and
arranged in three stand-alone chapters The IATTC Convention Area, as
in accordance with the Administrative
for each of the three types of projects amended by the Antigua Convention,
Procedure Act, 5 U.S.C. 553(d), FTA includes the waters of the EPO bounded
eligible for CIG funds: New Starts, Small
Starts, and Core Capacity finds good cause for an exception to the by the coast of the Americas, the 50° N.
Improvements. Each chapter provides a requirement for 30-day publication prior and 50° S. parallels, and the 150° W.
short introduction, a discussion of to an effective date. meridian.
eligibility for that type of project, a Issued in Washington, DC, under the Pelagic longline fishing in the EPO is
summary of the requirements for entry authority delegated at 49 CFR 1.91. managed, in part, under the Tuna
into and getting through each step of the Therese W. McMillan, Conventions Act of 1950 (Act), 16
CIG process, information on each of the U.S.C. 951–962. Under the Act, NMFS
Acting Administrator.
project evaluation criteria, and an must publish regulations to carry out
Lhorne on DSK7TPTVN1PROD with RULES
[FR Doc. 2015–19200 Filed 8–4–15; 8:45 am]
explanation of how FTA will determine recommendations of the IATTC that
the overall rating for a project. Each type BILLING CODE P have been approved by the Department
of project in the CIG program—a New of State (DOS). Regulations governing
Start, Small Start, or Core Capacity fishing by U.S. vessels in accordance
Improvement—is governed by a unique with the Act appear at 50 CFR part 300,
set of requirements, although there are subpart C. These regulations implement
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Document Created: 2018-02-23 10:53:21
Document Modified: 2018-02-23 10:53:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of availability of final interim policy guidance. | |
| Dates | This final policy guidance is effective August 5, 2015. | |
| Contact | Elizabeth Day, FTA Office of Planning and Environment, telephone (202) 366-5159 or [email protected] | |
| FR Citation | 80 FR 46514 | |
| RIN Number | 2132-ZA03 |
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