80_FR_53558 80 FR 53387 - Expedited Public Transportation Improvement Initiative

80 FR 53387 - Expedited Public Transportation Improvement Initiative

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range53387-53389
FR Document2015-21790

The Federal Transit Administration (FTA) announces the establishment of a multi-faceted Expedited Public Transportation Improvement Initiative (``XPEDITE'') and solicits participation in a forthcoming Online Dialogue on the initiative. The goal of XPEDITE is to facilitate the transit industry's implementation of:

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53387-53389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21790]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Expedited Public Transportation Improvement Initiative

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of initiative and online dialogue

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SUMMARY: The Federal Transit Administration (FTA) announces the 
establishment of a multi-faceted Expedited Public Transportation 
Improvement Initiative (``XPEDITE'') and solicits participation in a 
forthcoming Online Dialogue on the initiative. The goal of XPEDITE is 
to facilitate the transit industry's implementation of:

 Proven technologies to improve service delivery and 
maintenance for the public transit industry
 Proven methods to speed up planning, development, approval and 
delivery of FTA supported capital investments; and
 Innovative financing methods and opportunities for public-
private partnerships that support capital investments

During the XPEDITE Online Dialogue FTA will be asking you to identify 
(1) possible improvements in the technology of public transportation 
and any barriers to their implementation, (2) procedural improvements 
which can be made to the delivery of all capital projects, program-
wide, (3) ways to improve project delivery through innovations in 
financial arrangements and partnerships with private sector project 
developers.

DATES: FTA will open its XPEDITE Online Dialogue on its Web site no 
later than September 8, 2015.

FOR FURTHER INFORMATION CONTACT: For specific information regarding the 
initiative please contact Tom Yedinak, Office of Budget and Policy, 
phone: (202) 366-5137, or email: tom.yedinak@dot.gov.

SUPPLEMENTARY INFORMATION: 

1. Background

    Each year the Federal Transit Administration (FTA), together with 
its transit industry partners, invests billions of dollars in capital 
projects designed to improve public transportation by reinvesting in 
existing assets to assure that they are in a state of good repair, 
implementing technological improvements in public transportation 
equipment and facilities, and increasing the extent and quality of 
public transportation service by making new investments. These projects 
take considerable amounts of time to plan, design, develop, approve and 
deploy. While it is important to take time to ensure that only well-
conceived projects are implemented in the most efficient and effective 
manner, taking too much time delays the delivery of the intended 
benefits of the projects to the riding public and may increase the cost 
of the project. In addition, there is a wide range of technological 
innovations which are not being adopted as widely as possible, 
resulting in missed opportunities to improve the efficiency and 
effectiveness of public transportation.
    FTA funds larger-scale capital projects in a number of its grant 
programs, including the Urbanized Areas, Rural Areas, State of Good 
Repair, and Bus and Bus Facilities Formula Programs, as well as the 
Capital Investment Grants Program. While the very large investments in 
new projects in the Capital Investment Grants program tend to garner 
the most attention, significant efforts to innovate and expedite such 
projects are well underway. Capital projects supported by the formula 
programs also take considerable effort to plan, design, obtain 
approval, and deliver. FTA is interested in improving each aspect of 
the project delivery process for all of its programs.
    FTA already has made considerable progress to expedite FTA's 
project delivery processes. Pursuant to Accelerated Project Delivery 
provisions of Subtitle C of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21), Public Law 112-141 (July 6, 2012), FTA and FHWA 
undertook a series of rulemakings that expedite compliance with the 
National Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq. Above 
and beyond these joint efforts, FTA established sixteen new Categorical 
Exclusions that are specific to public transportation projects. In 
addition, FTA has taken steps to improve its oversight processes by 
eliminating duplicative reviews and taking a more risk-based approach 
to determining oversight topics needing special attention. FTA also has 
streamlined the risk assessment process for major projects, recently 
concluded a top to bottom review of its project management oversight 
program, and in the near future will implement a series of improvements 
to better focus oversight of major projects. Additionally, FTA has put 
in place a number of features designed to streamline the Capital 
Investment Grants program, discussed in more detail below. Finally, FTA 
has developed and promoted a series of technological improvements.
    On a multimodal level, the Department of Transportation (DOT) has 
established a new Build America Transportation Investment Center 
(BATIC). This center is serving as a one-stop shop for state and local 
governments, public and private developers, and investors seeking to 
use innovative financing strategies for transportation infrastructure 
projects. Through this Web site and hands-on support, advice, and 
expertise, the Center provides navigator services for all types of 
projects and project sponsors. The Center is housed within the Office 
of the Secretary, and draws on expertise from across DOT's operating 
administrations.
    By this notice, FTA is announcing a multi-faceted program entitled 
the Expedited Public Transportation Improvement Initiative 
(``XPEDITE''). The initiative will identify: (1) Improvements in the 
technology of public transportation and any barriers to their 
implementation, (2) procedural improvements which can be made to the

[[Page 53388]]

delivery of all capital projects, program-wide, (3) ways to improve 
project delivery through innovations in financial arrangements and 
partnerships with private sector project developers. Each of these 
facets of the initiative is discussed in the following sections. By a 
separate notice, FTA is initiating implementation of the Section 
20008(b) Pilot Program for Expedited Project delivery for certain 
meritorious new fixed guideway capital projects.

1. XPEDITE Innovation

    As noted, each year, FTA invests significantly in capital 
investments through its formula programs. In addition, FTA has invested 
significant resources in the development of new technologies which can 
make transit more efficient and effective. Similar to the Federal 
Highway Administration's Every Day Counts (EDC) program http://www.fhwa.dot.gov/everydaycounts/, FTA's new XPEDITE Innovation 
initiative will identify and assist in rapidly deploying proven but 
underutilized innovations. Proven innovations and enhanced business 
processes promoted through XPEDITE Innovation will aim to improve the 
efficiency and effectiveness of public transportation and facilitate 
greater efficiency in delivering projects, saving time and resources 
that can be used to deliver more projects for the same or less money.
    In selecting innovations to be advanced, FTA would consider market 
readiness, impacts, benefits and ease of adoption of the innovation 
based on transit leaders' shared best practices. Specifications, 
lessons learned and relevant data are anticipated to be shared among 
stakeholders through case studies, webinars and round tables. The 
result is intended to be rapid technology transfer and accelerated 
deployment of innovation across the nation.
    Shortly, FTA will be initiating its XPEDITE Online Dialogue. As 
part of this effort, participants will be asked to identify innovative 
concepts for the first round of the XPEDITE Innovation initiative. 
Concepts could cover either technological innovations, including those 
related to the construction of transit capital improvements, or 
improved business practices and design and construction techniques 
which can accelerate project deployment. FTA is particularly interested 
in information about barriers to the implementation of technological 
improvements that may exist in the administration of our programs. 
These concepts would be reviewed by FTA staff and a selected set of 
concepts would become part of FTA's technical assistance to project 
sponsors. Importantly, these innovations could be applied to a wide 
variety of capital projects, funded under any of FTA's programs. In 
addition, FTA would consider the input received as it updates its 
administrative requirements and, if necessary, propose changes in those 
requirements, through its normal notice and comment processes, to help 
advance technological innovations.

2. XPEDITE Project Delivery Procedures

    While the Capital Investment Grants (CIG) program often receives 
the most attention when it comes to ways in which project delivery can 
be expedited, it is important to note that the vast majority of transit 
improvements are made through FTA's formula programs. As noted earlier, 
FTA has made significant strides in improving the process for 
delivering these projects, such as through streamlining of the NEPA 
process. However, FTA is interested in learning more about innovations 
that might be applicable to accelerate project delivery. Thus, this 
part of the XPEDITE initiative will address all facets of FTA's 
programs.
    FTA recognizes that improvements in the CIG program are especially 
important to expediting project delivery. Congress has recognized this 
issue by enacting changes to FTA's CIG program in MAP-21. FTA has 
already made significant progress in putting in place the process 
streamlining changes made by MAP-21. In implementing the changes in the 
project justification evaluation criteria for CIG projects, in its 2013 
final rule (49 CFR part 611), FTA adopted measures which streamline the 
evaluation process. FTA also developed a simplified method that project 
sponsors can use, at their option, to predict the transit ridership, a 
key component of these measures. Procedurally the process has improved 
as well. For example, the New Starts process now requires only 
acknowledgement of entry into Project Development, and approval of 
entry into the Engineering phase, eliminating the requirement for an 
Alternatives Analysis and approval of entry into Final Design prior to 
the development of a construction grant agreement. Further, FTA has 
been working to better tailor the requirements for Project Management 
Oversight to the scope of CIG projects and characteristics of project 
sponsors.
    On April 8, 2015, FTA issued draft CIG program guidance to fully 
implement the process changes made by MAP-21 (80 FR 18796). On August 
5, 2015, FTA issued this guidance in final form (80 FR 46514). In this 
guidance, FTA specified in more detail how the streamlined procedures 
will work and established criteria for the new Core Capacity category 
of eligibility established under MAP-21. In laying out the process 
details and criteria FTA focused on the need to simplify and expedite 
project delivery. In establishing the criteria for eligibility and 
evaluation of Core Capacity projects, FTA defined terms in a way that 
the measures can be easily applied. FTA established a series of 
``warrants'' or pre-qualification measures which will allow project 
sponsors to receive ratings on a number of evaluation criteria for New 
Starts, Small Starts, and Core Capacity projects without requiring 
detailed travel forecasts. In the guidance, FTA also indicated it will 
continue to streamline the process for establishing the cost, scope, 
and schedule for CIG projects to a reasonable level of confidence, 
which is now accomplished in a number of ways, such as risk 
assessments, at several steps in the project development process. FTA 
acknowledges that there may be ways to achieve the same goals in a 
manner which may take less time and effort and asked that comments to 
the docket on the draft guidance address this issue.
    Under MAP-21, Congress also enacted Section 20008(b), which 
established a pilot program for new fixed guideway or core capacity 
projects providing that project sponsors who demonstrate innovative 
project development and delivery methods or innovative financing 
arrangements and are in a state of good repair could be allowed to 
receive a full funding grant agreement under an expedited process. FTA 
must select three projects for the program, one of which requests 
greater than $100 million in Section 5309 Capital Investment Grant 
funds, one of which requests less than $100 million in Section 5309 
funds, and the third being unspecified. Section 20008(b) requires that 
projects seeking to be included in the pilot program have a Government 
share that does not exceed 50 percent of the total project cost (not 
just the Section 5309 share but the entire Federal share of the 
project). Projects already in receipt of a Full Funding Grant Agreement 
(FFGA) are not eligible. FTA has published a separate Federal Register 
notice to implement this pilot program (80 FR 38801).
    In this spirit of expediting project delivery, FTA is interested in 
learning about ways in which the procedures for deploying transit 
capital projects can be improved, program-wide. As a part of the 
XPEDITE Online Dialogue, FTA will be asking project sponsors who have

[[Page 53389]]

successfully implemented new methods of delivering transit capital 
improvements to submit their ideas. These ideas can include all aspects 
of project delivery including approval, construction administration, 
procurement, compliance with NEPA, and right-of-way acquisition. FTA 
also is interested in learning more about barriers to quick 
implementation of projects both in terms of its own internal business 
processes as well as processes related to the delivery of projects by 
grantees. The focus should be on ways to speed up the delivery of 
projects and to address the challenges presented by limited budgets 
without compromising quality or safety. Even as the Section 20008(b) 
pilot program proceeds, FTA believes that there may be steps that can 
be taken to expedite the delivery of CIG projects, beyond the changes 
being presented in the draft interim guidance implementing the process 
changes made by MAP-21. Accordingly, project sponsors should feel free 
to submit any such ideas to the XPEDITE Online Dialogue as well. As 
with XPEDITE Innovation, FTA would consider the input received as it 
updates its administrative requirements and, if necessary, propose 
changes in those requirements, through its normal notice and comment 
processes, to help advance methods to expedite project delivery 
procedures.

3. XPEDITE Financial Innovation

    Many observers of public transportation believe that there are 
efficiencies in the delivery of capital projects which can be achieved 
through the application of improvements in the financing of these 
projects and through an enhanced partnership role for the private 
sector. FTA is already undertaking efforts in this area both on its own 
and as a part of the DOT's BATIC, described earlier. On August 25, 
2014, FTA published a final circular clarifying the requirements 
related to Joint Development projects, with an eye toward facilitating 
these important adjuncts to FTA's capital investments (79 FR 50728). In 
addition, this circular provides a framework under which Value Capture 
techniques could be brought to bear to help finance transit capital 
investments. Public transportation infrastructure investments can 
increase adjacent land values, generating an ``unearned'' profit for 
private landowners. A portion of these increases in land value can be 
``captured'' and used for, among other things, public transportation 
infrastructure or revenue service operation. Thus, Value Capture 
internalizes the positive externalities of public transportation 
investments. In June 2013, FTA held a Value Capture forum with experts 
that had proven experience with Value Capture techniques to learn more 
about how these techniques can be used throughout the industry.
    Congress enacted Section 20013 and amended 49 U.S.C. 5315 (Section 
5315) in MAP-21. Specifically, FTA is to: (a) Identify public 
transportation laws, regulations or practices that impede public-
private partnerships or private investment in transit capital projects, 
and develop procedures through regulation to address, on a project 
basis, legal impediments to the use of public-private partnerships and 
private investment as well as procedures to protect the public interest 
and any public investment in public transportation capital projects 
that involve public-private partnerships or private investment in 
public transportation capital projects; (b) develop guidance to promote 
greater transparency and public access to public-private partnerships 
agreements; and (c) provide technical assistance on best practices and 
methods for using private providers of public transportation and using 
public-private partnerships for alternative project delivery of fixed 
guideway capital projects. However, FTA may not waive any provision of 
Federal law, including labor protections of 49 U.S.C. 5333 and NEPA. 
FTA has undertaken a number of steps to implement these provisions.
    To initiate this effort, FTA has posted information on the basics 
of public-private partnerships identified through workshops and studies 
and also included successful public-private partnership contract terms 
on its Private Sector Participation Web page, http://www.fta.dot.gov/grants/16030.html. Further, in December 2014, FTA conducted an on-line 
dialogue on the subject of Section 5315. More information may be found 
at http://usdot.uservoice.com/forums/268166-private-sector-participation-in-public-transportat/category/88630-impediments-to-greater-private-sector-involvement. FTA is now in the process of 
reviewing the comments, and expects to publish a notice of proposed 
rulemaking (NPRM) in the near future which will lay out ways in which 
FTA can improve its processes to expedite project delivery through 
public-private partnerships. This notice and ultimate final rule will 
be the main way in which the goal of expediting project delivery is 
addressed through involvement of private sector partners. Parties 
interested in this facet of FTA's Expedited Project Delivery Initiative 
should participate in that rulemaking process by providing comments on 
the NPRM when it is issued.
    In the interim, FTA invites interested parties to include comments 
in the upcoming XPEDITE Online Dialogue. FTA is particularly interested 
in hearing from project sponsors who are considering pursuing Value 
Capture as part of their project financing arrangements. FTA would like 
to explore what mechanisms might be used, and how FTA could work to 
facilitate such arrangements. FTA invites comments on this issue. 
Again, FTA would consider the input received as it updates its 
administrative requirements and, if necessary, propose changes in those 
requirements, through its normal notice and comment processes, to help 
advance financial innovation in public transportation.

    Signed this 28th day of August, 2015, in Washington, DC.
Matthew J. Welbes,
Executive Director.
[FR Doc. 2015-21790 Filed 9-2-15; 8:45 am]
 BILLING CODE P



                                                                        Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices                                            53387

                                              defined in 49 CFR 383.5 (49 CFR 383.5).                 • Innovative financing methods and                    and expedite such projects are well
                                              The definition of CMV found at 49 CFR                     opportunities for public-private                    underway. Capital projects supported by
                                              390.5 of the FMCSRs is not applicable                     partnerships that support capital                   the formula programs also take
                                              to this notice. (3) ‘‘Commercial Driver’s                 investments                                         considerable effort to plan, design,
                                              License (CDL) Driver’’ means the                        During the XPEDITE Online Dialogue                    obtain approval, and deliver. FTA is
                                              operator of a CMV because such                          FTA will be asking you to identify (1)                interested in improving each aspect of
                                              operators must possess a valid                          possible improvements in the                          the project delivery process for all of its
                                              commercial driver’s license (CDL)                       technology of public transportation and               programs.
                                              (Section 383.23(a)(2)). (4) ‘‘Entry-level               any barriers to their implementation, (2)                FTA already has made considerable
                                              CDL Driver’’ means a driver with less                   procedural improvements which can be                  progress to expedite FTA’s project
                                              than one year of experience operating a                 made to the delivery of all capital                   delivery processes. Pursuant to
                                              CMV with a CDL in interstate commerce                   projects, program-wide, (3) ways to                   Accelerated Project Delivery provisions
                                              (49 CFR 380.502(b)).                                    improve project delivery through                      of Subtitle C of the Moving Ahead for
                                                                                                      innovations in financial arrangements                 Progress in the 21st Century Act (MAP–
                                              Public Comments Invited                                                                                       21), Public Law 112–141 (July 6, 2012),
                                                                                                      and partnerships with private sector
                                                FMCSA requests that you comment                       project developers.                                   FTA and FHWA undertook a series of
                                              on any aspect of this information                                                                             rulemakings that expedite compliance
                                                                                                      DATES: FTA will open its XPEDITE
                                              collection, including: (1) Whether the                                                                        with the National Environmental Policy
                                                                                                      Online Dialogue on its Web site no later
                                              proposed collection is necessary for                                                                          Act (NEPA), 42 U.S.C. 4321, et seq.
                                                                                                      than September 8, 2015.
                                              FMCSA to perform its functions, (2) the                                                                       Above and beyond these joint efforts,
                                                                                                      FOR FURTHER INFORMATION CONTACT: For                  FTA established sixteen new Categorical
                                              accuracy of the estimated burden, (3)                   specific information regarding the
                                              ways for the FMCSA to enhance the                                                                             Exclusions that are specific to public
                                                                                                      initiative please contact Tom Yedinak,                transportation projects. In addition, FTA
                                              quality, usefulness, and clarity of the                 Office of Budget and Policy, phone:
                                              collected information, and (4) ways that                                                                      has taken steps to improve its oversight
                                                                                                      (202) 366–5137, or email: tom.yedinak@                processes by eliminating duplicative
                                              the burden could be minimized without                   dot.gov.
                                              reducing the quality of the collected                                                                         reviews and taking a more risk-based
                                                                                                      SUPPLEMENTARY INFORMATION:                            approach to determining oversight
                                              information. The agency will summarize
                                              or include your comments in the request                 1. Background                                         topics needing special attention. FTA
                                              for OMB’s clearance of this information                                                                       also has streamlined the risk assessment
                                                                                                         Each year the Federal Transit                      process for major projects, recently
                                              collection.                                             Administration (FTA), together with its               concluded a top to bottom review of its
                                                Issued under the authority delegated in 49            transit industry partners, invests                    project management oversight program,
                                              CFR 1.87 on: August 25, 2015.                           billions of dollars in capital projects               and in the near future will implement
                                              G. Kelly Regal,                                         designed to improve public                            a series of improvements to better focus
                                              Associate Administrator, Office of Research             transportation by reinvesting in existing             oversight of major projects.
                                              and Information Technology.                             assets to assure that they are in a state             Additionally, FTA has put in place a
                                              [FR Doc. 2015–21894 Filed 9–2–15; 8:45 am]              of good repair, implementing                          number of features designed to
                                              BILLING CODE 4910–EX–P                                  technological improvements in public                  streamline the Capital Investment
                                                                                                      transportation equipment and facilities,              Grants program, discussed in more
                                                                                                      and increasing the extent and quality of              detail below. Finally, FTA has
                                              DEPARTMENT OF TRANSPORTATION                            public transportation service by making               developed and promoted a series of
                                                                                                      new investments. These projects take                  technological improvements.
                                              Federal Transit Administration                          considerable amounts of time to plan,                    On a multimodal level, the
                                                                                                      design, develop, approve and deploy.                  Department of Transportation (DOT) has
                                              Expedited Public Transportation                         While it is important to take time to                 established a new Build America
                                              Improvement Initiative                                  ensure that only well-conceived projects              Transportation Investment Center
                                              AGENCY:    Federal Transit Administration,              are implemented in the most efficient                 (BATIC). This center is serving as a one-
                                              DOT.                                                    and effective manner, taking too much                 stop shop for state and local
                                                                                                      time delays the delivery of the intended              governments, public and private
                                              ACTION:Notice of initiative and online                  benefits of the projects to the riding                developers, and investors seeking to use
                                              dialogue                                                public and may increase the cost of the               innovative financing strategies for
                                                                                                      project. In addition, there is a wide                 transportation infrastructure projects.
                                              SUMMARY:    The Federal Transit
                                                                                                      range of technological innovations                    Through this Web site and hands-on
                                              Administration (FTA) announces the
                                                                                                      which are not being adopted as widely                 support, advice, and expertise, the
                                              establishment of a multi-faceted
                                                                                                      as possible, resulting in missed                      Center provides navigator services for
                                              Expedited Public Transportation
                                                                                                      opportunities to improve the efficiency               all types of projects and project
                                              Improvement Initiative (‘‘XPEDITE’’)
                                                                                                      and effectiveness of public                           sponsors. The Center is housed within
                                              and solicits participation in a
                                                                                                      transportation.                                       the Office of the Secretary, and draws
                                              forthcoming Online Dialogue on the                         FTA funds larger-scale capital                     on expertise from across DOT’s
                                              initiative. The goal of XPEDITE is to                   projects in a number of its grant                     operating administrations.
                                              facilitate the transit industry’s                       programs, including the Urbanized                        By this notice, FTA is announcing a
                                              implementation of:                                      Areas, Rural Areas, State of Good                     multi-faceted program entitled the
                                              • Proven technologies to improve
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                                                                                                      Repair, and Bus and Bus Facilities                    Expedited Public Transportation
                                                service delivery and maintenance for                  Formula Programs, as well as the                      Improvement Initiative (‘‘XPEDITE’’).
                                                the public transit industry                           Capital Investment Grants Program.                    The initiative will identify: (1)
                                              • Proven methods to speed up                            While the very large investments in new               Improvements in the technology of
                                                planning, development, approval and                   projects in the Capital Investment                    public transportation and any barriers to
                                                delivery of FTA supported capital                     Grants program tend to garner the most                their implementation, (2) procedural
                                                investments; and                                      attention, significant efforts to innovate            improvements which can be made to the


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                                              53388                     Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices

                                              delivery of all capital projects, program-              Importantly, these innovations could be               FTA specified in more detail how the
                                              wide, (3) ways to improve project                       applied to a wide variety of capital                  streamlined procedures will work and
                                              delivery through innovations in                         projects, funded under any of FTA’s                   established criteria for the new Core
                                              financial arrangements and partnerships                 programs. In addition, FTA would                      Capacity category of eligibility
                                              with private sector project developers.                 consider the input received as it updates             established under MAP–21. In laying
                                              Each of these facets of the initiative is               its administrative requirements and, if               out the process details and criteria FTA
                                              discussed in the following sections. By                 necessary, propose changes in those                   focused on the need to simplify and
                                              a separate notice, FTA is initiating                    requirements, through its normal notice               expedite project delivery. In
                                              implementation of the Section 20008(b)                  and comment processes, to help                        establishing the criteria for eligibility
                                              Pilot Program for Expedited Project                     advance technological innovations.                    and evaluation of Core Capacity
                                              delivery for certain meritorious new                                                                          projects, FTA defined terms in a way
                                                                                                      2. XPEDITE Project Delivery Procedures
                                              fixed guideway capital projects.                                                                              that the measures can be easily applied.
                                                                                                         While the Capital Investment Grants                FTA established a series of ‘‘warrants’’
                                              1. XPEDITE Innovation                                   (CIG) program often receives the most                 or pre-qualification measures which
                                                 As noted, each year, FTA invests                     attention when it comes to ways in                    will allow project sponsors to receive
                                              significantly in capital investments                    which project delivery can be                         ratings on a number of evaluation
                                              through its formula programs. In                        expedited, it is important to note that               criteria for New Starts, Small Starts, and
                                              addition, FTA has invested significant                  the vast majority of transit                          Core Capacity projects without requiring
                                              resources in the development of new                     improvements are made through FTA’s                   detailed travel forecasts. In the
                                              technologies which can make transit                     formula programs. As noted earlier, FTA               guidance, FTA also indicated it will
                                              more efficient and effective. Similar to                has made significant strides in                       continue to streamline the process for
                                              the Federal Highway Administration’s                    improving the process for delivering                  establishing the cost, scope, and
                                              Every Day Counts (EDC) program                          these projects, such as through                       schedule for CIG projects to a reasonable
                                              http://www.fhwa.dot.gov/                                streamlining of the NEPA process.                     level of confidence, which is now
                                              everydaycounts/, FTA’s new XPEDITE                      However, FTA is interested in learning                accomplished in a number of ways,
                                              Innovation initiative will identify and                 more about innovations that might be                  such as risk assessments, at several
                                              assist in rapidly deploying proven but                  applicable to accelerate project delivery.            steps in the project development
                                              underutilized innovations. Proven                       Thus, this part of the XPEDITE initiative             process. FTA acknowledges that there
                                              innovations and enhanced business                       will address all facets of FTA’s                      may be ways to achieve the same goals
                                              processes promoted through XPEDITE                      programs.                                             in a manner which may take less time
                                              Innovation will aim to improve the                         FTA recognizes that improvements in                and effort and asked that comments to
                                              efficiency and effectiveness of public                  the CIG program are especially                        the docket on the draft guidance address
                                              transportation and facilitate greater                   important to expediting project delivery.             this issue.
                                              efficiency in delivering projects, saving               Congress has recognized this issue by                    Under MAP–21, Congress also
                                              time and resources that can be used to                  enacting changes to FTA’s CIG program                 enacted Section 20008(b), which
                                              deliver more projects for the same or                   in MAP–21. FTA has already made                       established a pilot program for new
                                              less money.                                             significant progress in putting in place              fixed guideway or core capacity projects
                                                 In selecting innovations to be                       the process streamlining changes made                 providing that project sponsors who
                                              advanced, FTA would consider market                     by MAP–21. In implementing the                        demonstrate innovative project
                                              readiness, impacts, benefits and ease of                changes in the project justification                  development and delivery methods or
                                              adoption of the innovation based on                     evaluation criteria for CIG projects, in              innovative financing arrangements and
                                              transit leaders’ shared best practices.                 its 2013 final rule (49 CFR part 611),                are in a state of good repair could be
                                              Specifications, lessons learned and                     FTA adopted measures which                            allowed to receive a full funding grant
                                              relevant data are anticipated to be                     streamline the evaluation process. FTA                agreement under an expedited process.
                                              shared among stakeholders through case                  also developed a simplified method that               FTA must select three projects for the
                                              studies, webinars and round tables. The                 project sponsors can use, at their option,            program, one of which requests greater
                                              result is intended to be rapid technology               to predict the transit ridership, a key               than $100 million in Section 5309
                                              transfer and accelerated deployment of                  component of these measures.                          Capital Investment Grant funds, one of
                                              innovation across the nation.                           Procedurally the process has improved                 which requests less than $100 million in
                                                 Shortly, FTA will be initiating its                  as well. For example, the New Starts                  Section 5309 funds, and the third being
                                              XPEDITE Online Dialogue. As part of                     process now requires only                             unspecified. Section 20008(b) requires
                                              this effort, participants will be asked to              acknowledgement of entry into Project                 that projects seeking to be included in
                                              identify innovative concepts for the first              Development, and approval of entry into               the pilot program have a Government
                                              round of the XPEDITE Innovation                         the Engineering phase, eliminating the                share that does not exceed 50 percent of
                                              initiative. Concepts could cover either                 requirement for an Alternatives                       the total project cost (not just the
                                              technological innovations, including                    Analysis and approval of entry into                   Section 5309 share but the entire
                                              those related to the construction of                    Final Design prior to the development of              Federal share of the project). Projects
                                              transit capital improvements, or                        a construction grant agreement. Further,              already in receipt of a Full Funding
                                              improved business practices and design                  FTA has been working to better tailor                 Grant Agreement (FFGA) are not
                                              and construction techniques which can                   the requirements for Project                          eligible. FTA has published a separate
                                              accelerate project deployment. FTA is                   Management Oversight to the scope of                  Federal Register notice to implement
                                              particularly interested in information                  CIG projects and characteristics of                   this pilot program (80 FR 38801).
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                                              about barriers to the implementation of                 project sponsors.                                        In this spirit of expediting project
                                              technological improvements that may                        On April 8, 2015, FTA issued draft                 delivery, FTA is interested in learning
                                              exist in the administration of our                      CIG program guidance to fully                         about ways in which the procedures for
                                              programs. These concepts would be                       implement the process changes made by                 deploying transit capital projects can be
                                              reviewed by FTA staff and a selected set                MAP–21 (80 FR 18796). On August 5,                    improved, program-wide. As a part of
                                              of concepts would become part of FTA’s                  2015, FTA issued this guidance in final               the XPEDITE Online Dialogue, FTA will
                                              technical assistance to project sponsors.               form (80 FR 46514). In this guidance,                 be asking project sponsors who have


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                                                                        Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices                                                 53389

                                              successfully implemented new methods                    public transportation investments. In                 should participate in that rulemaking
                                              of delivering transit capital                           June 2013, FTA held a Value Capture                   process by providing comments on the
                                              improvements to submit their ideas.                     forum with experts that had proven                    NPRM when it is issued.
                                              These ideas can include all aspects of                  experience with Value Capture                            In the interim, FTA invites interested
                                              project delivery including approval,                    techniques to learn more about how                    parties to include comments in the
                                              construction administration,                            these techniques can be used                          upcoming XPEDITE Online Dialogue.
                                              procurement, compliance with NEPA,                      throughout the industry.                              FTA is particularly interested in hearing
                                              and right-of-way acquisition. FTA also                     Congress enacted Section 20013 and                 from project sponsors who are
                                              is interested in learning more about                    amended 49 U.S.C. 5315 (Section 5315)                 considering pursuing Value Capture as
                                              barriers to quick implementation of                     in MAP–21. Specifically, FTA is to: (a)               part of their project financing
                                              projects both in terms of its own                       Identify public transportation laws,                  arrangements. FTA would like to
                                              internal business processes as well as                  regulations or practices that impede                  explore what mechanisms might be
                                              processes related to the delivery of                    public-private partnerships or private                used, and how FTA could work to
                                              projects by grantees. The focus should                  investment in transit capital projects,               facilitate such arrangements. FTA
                                              be on ways to speed up the delivery of                  and develop procedures through                        invites comments on this issue. Again,
                                              projects and to address the challenges                  regulation to address, on a project basis,            FTA would consider the input received
                                              presented by limited budgets without                    legal impediments to the use of public-               as it updates its administrative
                                              compromising quality or safety. Even as                 private partnerships and private                      requirements and, if necessary, propose
                                              the Section 20008(b) pilot program                      investment as well as procedures to                   changes in those requirements, through
                                              proceeds, FTA believes that there may                   protect the public interest and any                   its normal notice and comment
                                              be steps that can be taken to expedite                  public investment in public                           processes, to help advance financial
                                              the delivery of CIG projects, beyond the                transportation capital projects that                  innovation in public transportation.
                                              changes being presented in the draft                    involve public-private partnerships or
                                                                                                      private investment in public                            Signed this 28th day of August, 2015, in
                                              interim guidance implementing the                                                                             Washington, DC.
                                              process changes made by MAP–21.                         transportation capital projects; (b)
                                                                                                      develop guidance to promote greater                   Matthew J. Welbes,
                                              Accordingly, project sponsors should
                                              feel free to submit any such ideas to the               transparency and public access to                     Executive Director.
                                              XPEDITE Online Dialogue as well. As                     public-private partnerships agreements;               [FR Doc. 2015–21790 Filed 9–2–15; 8:45 am]
                                              with XPEDITE Innovation, FTA would                      and (c) provide technical assistance on               BILLING CODE P
                                              consider the input received as it updates               best practices and methods for using
                                              its administrative requirements and, if                 private providers of public
                                              necessary, propose changes in those                     transportation and using public-private               DEPARTMENT OF TRANSPORTATION
                                              requirements, through its normal notice                 partnerships for alternative project
                                              and comment processes, to help                          delivery of fixed guideway capital                    Surface Transportation Board
                                              advance methods to expedite project                     projects. However, FTA may not waive
                                              delivery procedures.                                    any provision of Federal law, including               [Docket No. EP 670 (Sub-No. 2)]
                                                                                                      labor protections of 49 U.S.C. 5333 and
                                              3. XPEDITE Financial Innovation                         NEPA. FTA has undertaken a number of                  Notice of Rail Energy Transportation
                                                 Many observers of public                             steps to implement these provisions.                  Advisory Committee Vacancy
                                              transportation believe that there are                      To initiate this effort, FTA has posted            AGENCY: Surface Transportation Board.
                                              efficiencies in the delivery of capital                 information on the basics of public-
                                              projects which can be achieved through                  private partnerships identified through               ACTION: Notice of vacancy on federal
                                              the application of improvements in the                  workshops and studies and also                        advisory committee and solicitation of
                                              financing of these projects and through                 included successful public-private                    nominations.
                                              an enhanced partnership role for the                    partnership contract terms on its Private             SUMMARY:    The Surface Transportation
                                              private sector. FTA is already                          Sector Participation Web page, http://                Board (Board) hereby gives notice of one
                                              undertaking efforts in this area both on                www.fta.dot.gov/grants/16030.html.                    vacancy on its Rail Energy
                                              its own and as a part of the DOT’s                      Further, in December 2014, FTA                        Transportation Advisory Committee
                                              BATIC, described earlier. On August 25,                 conducted an on-line dialogue on the                  (RETAC) for a representative of the
                                              2014, FTA published a final circular                    subject of Section 5315. More                         electric utility industry. The Board is
                                              clarifying the requirements related to                  information may be found at http://                   soliciting suggestions from the public
                                              Joint Development projects, with an eye                 usdot.uservoice.com/forums/268166-
                                                                                                                                                            for a candidate to fill this vacancy.
                                              toward facilitating these important                     private-sector-participation-in-public-
                                              adjuncts to FTA’s capital investments                   transportat/category/88630-                           DATES: Suggestions for a candidate for
                                              (79 FR 50728). In addition, this circular               impediments-to-greater-private-sector-                membership on RETAC are due October
                                              provides a framework under which                        involvement. FTA is now in the process                1, 2015.
                                              Value Capture techniques could be                       of reviewing the comments, and expects                ADDRESSES: Suggestions may be
                                              brought to bear to help finance transit                 to publish a notice of proposed                       submitted either via the Board’s e-filing
                                              capital investments. Public                             rulemaking (NPRM) in the near future                  format or in paper format. Any person
                                              transportation infrastructure                           which will lay out ways in which FTA                  using e-filing should attach a document
                                              investments can increase adjacent land                  can improve its processes to expedite                 and otherwise comply with the
                                              values, generating an ‘‘unearned’’ profit               project delivery through public-private               instructions at the E–FILING link on the
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                                              for private landowners. A portion of                    partnerships. This notice and ultimate                Board’s Web site, at http://
                                              these increases in land value can be                    final rule will be the main way in which              www.stb.dot.gov. Any person submitting
                                              ‘‘captured’’ and used for, among other                  the goal of expediting project delivery is            a filing in paper format should send the
                                              things, public transportation                           addressed through involvement of                      original and 10 copies to: Surface
                                              infrastructure or revenue service                       private sector partners. Parties                      Transportation Board, Attn: Docket No.
                                              operation. Thus, Value Capture                          interested in this facet of FTA’s                     EP 670 (Sub-No. 2), 395 E Street SW.,
                                              internalizes the positive externalities of              Expedited Project Delivery Initiative                 Washington, DC 20423–0001.


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Document Created: 2015-12-15 09:56:58
Document Modified: 2015-12-15 09:56:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of initiative and online dialogue
DatesFTA will open its XPEDITE Online Dialogue on its Web site no later than September 8, 2015.
ContactFor specific information regarding the initiative please contact Tom Yedinak, Office of Budget and Policy, phone: (202) 366-5137, or email: [email protected]
FR Citation80 FR 53387 

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