81 FR 52957 - Transfer of Federally Assisted Land or Facility

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 154 (August 10, 2016)

Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal Agencies that South Bend Public Transportation (``Transpo'') intends to transfer the Leighton Parking Garage property (the ``Facility'') to the City of South Bend, acting by and through its Board of Public Works (the ``City''). The Facility is located at 109 West Jefferson Boulevard, South Bend, Indiana. It is in downtown South Bend on a parcel of property bounded by Michigan Street, Jefferson Boulevard, Main Street, and Wayne Street. The Facility is a parking garage with approximately 215 underground parking spaces and aproximately 429 above-ground parking spaces including all equipment used to control parking.

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52957-52958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18951]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Transfer of Federally Assisted Land or Facility

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of intent to transfer Federally assisted land or 
facility.

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SUMMARY: Section 5334(h) of the Federal Transit Laws, as codified, 49 
U.S.C. 5301, et seq., permits the Administrator of the Federal Transit 
Administration (FTA) to authorize a recipient of FTA funds to transfer 
land or a facility to a public body for any public purpose with no 
further obligation to the Federal Government if, among other things, no 
Federal agency is interested in acquiring the asset for Federal use. 
Accordingly, FTA is issuing this Notice to advise Federal Agencies that 
South Bend Public Transportation (``Transpo'') intends to transfer the 
Leighton Parking Garage property (the ``Facility'') to the City of 
South Bend, acting by and through its Board of Public Works (the 
``City''). The Facility is located at 109 West Jefferson Boulevard, 
South Bend, Indiana. It is in downtown South Bend on a parcel of 
property bounded by Michigan Street, Jefferson Boulevard, Main Street, 
and Wayne Street.
    The Facility is a parking garage with approximately 215 underground 
parking spaces and aproximately 429 above-ground parking spaces 
including all equipment used to control parking.

DATES: Effective Date: Any Federal agency interested in acquiring the 
Facility must notify the FTA Region V Office of its interest by 
September 9, 2016.

ADDRESSES: Interested parties should notify the Regional Office by 
writing to Marisol R. Sim[oacute]n, Regional Administrator, Federal 
Transit Administration, 200 West Adams, Suite 320, Chicago, IL 60606.

FOR FURTHER INFORMATION CONTACT: Kathryn Loster, Regional Counsel, at 
312-353-3869.

SUPPLEMENTARY INFORMATION:

Background

    49 U.S.C. Section 5334(h) provides guidance on the transfer of 
assets no longer needed. Specifically, if a recipient of FTA assistance 
decides an asset acquired at least in part with federal assistance is 
no longer needed for the purpose for which it was acquired, the 
Secretary of Transportation may authorize the recipient to transfer the 
asset to a local governmental authority to be used for a public purpose 
with no further obligation to the Government. 49 U.S.C. Section 
5334(h)(l).

Determinations

    The Secretary may authorize a transfer for a public purpose other 
than public transportation only if the Secretary decides:
    (A) The asset will remain in public use for at least 5 years after 
the date the asset is transferred;
    (B) There is no purpose eligible for assistance under this chapter 
for which the asset should be used;
    (C) The overall benefit of allowing the transfer is greater than 
the interest of the

[[Page 52958]]

Government in liquidation and return of the financial interest of the 
Government in the asset, after considering fair market value and other 
factors; and
    (D) Through an appropriate screening or survey process, that there 
is no interest in acquiring the asset for Government use if the asset 
is a facility or land.

Federal Interest in Acquiring Land or Facility

    This document implements the requirements of 49 U.S.C. Section 
5334(h)(l)(D). Accordingly, FTA hereby provides notice of the 
availability of the Facility further described below. Any Federal 
agency interested in acquiring the affected facility should promptly 
notify the FTA.
    If no Federal agency is interested in acquiring the existing 
Facility, FTA will make certain that the other requirements specified 
in 49 U.S.C. Section 5334(h)(1)(A) through (C) are met before 
permitting the asset to be transferred.
    The Facility to be transferred is a parking garage with 
approximately 215 underground and 429 above-ground parking spaces, and 
includes all equipment used in the control of parking. It was built in 
2000. The Facility has six above-ground levels and a basement parking 
level. It is constructed of precast concrete with a brick and concrete 
fa[ccedil]ade. The Facility is situated within a block in downtown 
South Bend and is connected to two multi-story office buildings and a 
public plaza. Approximately 11,000 square feet of retail space is 
located on the ground level of the Facility. However, the multi-story 
office buildings, retail space, and public plaza are not owned by 
Transpo, and are not available for acquisition through this notice. The 
garage facility and connected buildings are commonly known as Leighton 
Plaza.
    If no Federal agency is interested in acquiring the existing 
Facility, FTA will make certain that the other requirements specified 
in 49 U.S.C. Section 5334(h)(1)(A) through (C) are met before 
permitting the asset to be transferred.

Marisol Sim[oacute]n,
Regional Administrator, FTA Region V.
[FR Doc. 2016-18951 Filed 8-9-16; 8:45 am]
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