81 FR 85676 - Private Enterprise Participation
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85676-85678 | |
| FR Document | 2016-28479 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Notices] [Pages 85676-85678] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28479] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Private Enterprise Participation AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of policy guidance. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) hereby establishes policy guidance for documenting compliance with the private enterprise participation requirements under the Moving Ahead for Progress in the 21st Century Act (MAP-21). It also includes additional clarifications under the Fixing America's Surface Transportation (FAST) Act. Because the policy guidance requirement reiterates existing statutes and regulations and imposes no new requirements on recipients, FTA is not soliciting public comment on this policy guidance. DATES: Effective Date: This policy guidance will be effective January 12, 2017. FOR FURTHER INFORMATION CONTACT: For policy guidance questions, Kimberly Gayle, Office of Budget and Policy, telephone: 202-366-1429; or email: [email protected]. For legal questions, Dana Nifosi, Office of Chief Counsel, telephone: 202-366-1936; or email: [email protected]. I. Background The FTA is issuing this policy guidance pursuant to Section 20013(d) of the Moving Ahead for Progress in the 21st Century Act (MAP- 21) (Pub. L. 112-141). Section 20013(d) requires the Secretary of Transportation to publish policy guidance regarding how recipients of Federal financial assistance under 49 U.S.C. chapter 53 can best document compliance with the requirements for private enterprise participation in public transportation planning and transportation improvement programs contained in sections 5303(i)(6), 5306(a), and 5307(b)\1\ of title 49, United States Code. --------------------------------------------------------------------------- \1\ FTA notes that Section 20013(d) of MAP-21 refers to 49 U.S.C. 5307(c); however, the private transportation provider participation requirement is contained within 5307(b). Section 3010(b) of the Fixing America's Surface Transportation Act makes a technical correction to reference the correct subsection. --------------------------------------------------------------------------- A. Statutory Requirements for Private Enterprise Participation Section 5303(i)(6) requires that each metropolitan planning organization (MPO) provide interested parties, including private providers of transportation, with a reasonable opportunity to comment on the metropolitan transportation plan (MTP). The Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94) amended this section to include the following private providers: ``intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program.'' In addition, MPOs must develop a participation plan that defines [[Page 85677]] a process for providing all interested parties, including private providers of transportation, with reasonable opportunities to be involved in the metropolitan transportation planning process. The MPO participation plan must be developed in consultation with all interested parties. Section 5306(a) provides that a plan or program required by 49 U.S.C. 5303, 5304, or 5305 must encourage, to the maximum extent feasible, the participation of private enterprise (Note: 49 U.S.C. 5305 simply provides formula funding for the planning programs and does not establish procedural requirements.) 49 U.S.C. 5307(b) requires recipients of Urbanized Area Formula Grants to develop, in consultation with interested parties, including private transportation providers, a proposed program of projects (POP) for activities to be financed. B. Regulatory Requirements for Metropolitan Planning Organizations in Metropolitan Areas The FTA and the Federal Highway Administration (FHWA) recently promulgated a joint final rule (Joint Planning Rule) to update their regulations governing the development of MTPs and programs for urbanized areas, long-range statewide transportation plans and programs, and the congestion management process, as well as revisions related to the use of and reliance on planning products developed during the planning process for project development and the environmental review process. 81 FR 34049 (May 27, 2016), codified at 23 CFR part 450 and 49 CFR part 613. The regulatory changes implement amendments that MAP-21 and the FAST Act made to the metropolitan transportation planning and statewide and non-metropolitan planning processes. Subpart C of the Joint Planning Rule implements 49 U.S.C. 5303 Metropolitan transportation planning. Each MPO must develop a Transportation Improvement Program (TIP) for the metropolitan planning area that provides all interested parties with a reasonable opportunity to comment on the proposed TIP in accordance with a documented participation plan that defines a process for providing individuals, affected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as carpool programs, vanpool programs, transit benefit programs, parking cash-out programs, shuttle programs, or telework programs), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with reasonable opportunities to be involved in the metropolitan transportation planning process. 23 CFR 450.316(a), 450.326(b). When an MPO submits a proposed TIP to FTA and FHWA as part of the Statewide Transportation Improvement Program (STIP) approval process outlined in 23 CFR part 450, subpart B, the MPO must certify that the metropolitan transportation planning process is being carried out in accordance with all applicable requirements, including 49 U.S.C. 5303. This self- certification must be made at least every four years per 23 CFR 450.336. C. Regulatory Requirements for Statewide and Non-Metropolitan Planning Subpart B of the Joint Planning Rule implements 49 U.S.C. 5304 Statewide and metropolitan transportation planning. Each state must undertake a transportation planning process and develop a long-range statewide transportation plan and STIP, which must be submitted, at least every four years, to FTA and FHWA for joint approval. When a state submits a STIP, it must certify that the transportation planning process is being carried out in accordance with all applicable requirements. In implementing the statewide transportation planning process, States must develop and use a documented public involvement process that, inter alia, establishes early and continuous public involvement opportunities that provide timely information about issues and decision-making processes to individuals, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties. See, 23 CFR 450.210. D. Section 5307 Certification Section 5307(b) requires recipients of urbanized area formula grants to develop a POP in consultation with interested parties, including private transportation providers. Recipients must then publish the proposed POP to provide affected individuals, private transportation providers and local elected officials an opportunity to examine and submit comments on the proposed POP and performance of the recipient. Recipients also must provide an opportunity for a public hearing. In preparing the final POP, recipients must consider comments and views received, especially those of private transportation providers. A recipient of Section 5307 funds must, in each fiscal year in which it requests such funds, submit a final POP and must certify that it has complied with Section 5307(b). FTA Circular 9030.1E, ``Urbanized Area Formula Program: Program Guidance and Application Instructions (January 16, 2014), includes guidance that recipients may satisfy the requirements of Section 5307(b) by following the procedures of the public involvement process outlined in the FTA/FHWA planning regulations. The Circular advises that a recipient that chooses to integrate the metropolitan planning process with the development of the POP should coordinate with the MPO and ensure that the public knows that the recipient is using the public participation process associated with TIP development to satisfy the public hearing requirements of Section 5307(b). II. Policy Guidance FTA has determined that the best way to document compliance with the private enterprise participation provisions of 49 U.S.C. 5303(i)(6), 5306(a) and 5307(b) is to comply with the public participation requirements imposed by the recently promulgated Joint Planning Rule. FTA's recipients will continue to submit the applicable certifications required by Subparts B and C of the Joint Planning Rule and 49 U.S.C. 5307 through the annual certifications and assurances process. In addition, recipients must retain, and provide to FTA when requested, documentation of participation by interested parties in the metropolitan and statewide planning processes, and evidence of compliance with participation plans and POPs, as applicable, that are developed as part of the 49 U.S.C. 5303 and 5304 metropolitan and statewide planning processes and the 49 U.S.C. 5307 Urbanized Area Formula Grant process. Accordingly, recipients shall document compliance with the private sector participation provisions through the existing regulatory process implementing Federal planning requirements. FTA will verify [[Page 85678]] compliance through its current oversight procedures either during the triennial review, state management review, planning certification review, the STIP approval process, and the Section 5307 grant application process. Given that this policy guidance imposes no new requirements, FTA is not requesting public comment. Carolyn Flowers, Acting Administrator. [FR Doc. 2016-28479 Filed 11-25-16; 8:45 am] BILLING CODE P
![85676 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices
challenging. Moreover, individual, involved in roadway worker-related private enterprise participation
isolated conditions may appear to be fatalities occurring since 2000. requirements under the Moving Ahead
harmless. However, a combination of 2. Provide annual training to roadway for Progress in the 21st Century Act
several seemingly harmless conditions workers on the use of hazard- (MAP–21). It also includes additional
can present a serious safety hazard. recognition strategies developed by the clarifications under the Fixing
Examples of contributing factors or railroad or the railroad contractor. America’s Surface Transportation
actions roadway workers may face or 3. Institute procedures for mandatory (FAST) Act. Because the policy
engage in that may have been a factor job safety briefings compliant with guidance requirement reiterates existing
in one or more roadway worker fatalities OSHA’s regulations prior to initiating statutes and regulations and imposes no
since 2000 while the roadway workers any roadway worker activity. Consistent new requirements on recipients, FTA is
were performing work not covered by with OSHA’s regulations, roadway not soliciting public comment on this
FRA regulations include, but are not workers should use hazard-recognition policy guidance.
limited to: Ascending or descending; procedures to identify potential hazards DATES: Effective Date: This policy
falling objects; electrocution; an in their job briefings and then determine guidance will be effective January 12,
unanticipated energy release; slips, trips the appropriate measures to mitigate the 2017.
and falls; hoisting or lowering an object; identified hazards. If an unforeseen FOR FURTHER INFORMATION CONTACT: For
off-track equipment striking roadway situation develops during work policy guidance questions, Kimberly
workers; collisions between roadway performance, roadway workers should Gayle, Office of Budget and Policy,
maintenance machines and standing stop working and conduct a second job telephone: 202–366–1429; or email:
trains; highway vehicle collisions briefing to determine the appropriate Kimberly.Gayle@dot.gov. For legal
(vehicle to vehicle); highway vehicles means of mitigating the new hazard. questions, Dana Nifosi, Office of Chief
striking roadway workers; and 4. Develop and apply Good Faith Counsel, telephone: 202–366–1936; or
environmental-related hazards Challenge Procedures for all roadway email: Dana.Nifosi@dot.gov.
(swarming bees, mudslides, heat stroke, workers who, in good faith, believe a
flash floods, etc.). task is unsafe or an identified hazard I. Background
FRA and the railroad industry have has not been mitigated. The FTA is issuing this policy
witnessed success using the Good Faith FRA encourages railroad and railroad guidance pursuant to Section 20013(d)
Challenge Procedures found in FRA’s contractor industry members to take of the Moving Ahead for Progress in the
regulations 5 for situations when a actions consistent with the preceding 21st Century Act (MAP–21) (Pub. L.
roadway worker believes the on-track recommendations and any other actions 112–141). Section 20013(d) requires the
safety procedure being used is that may help ensure the safety of Secretary of Transportation to publish
inadequate for the work being roadway workers. Although the primary policy guidance regarding how
performed. In such a situation, the purpose of this Safety Advisory is for recipients of Federal financial assistance
roadway worker may remain clear of the railroads and railroad contractors to under 49 U.S.C. chapter 53 can best
track until the challenged safety issue is apply these recommendations to document compliance with the
resolved without fear of retribution or activities that fall outside the scope of requirements for private enterprise
retaliation. Many railroads have adopted FRA’s safety regulations, FRA also participation in public transportation
Good Faith Challenge Procedures for encourages the industry to apply these planning and transportation
any safety-related concern, not just recommendations to activities FRA’s improvement programs contained in
those FRA regulates. FRA recommends regulations govern. sections 5303(i)(6), 5306(a), and
all railroads and railroad contractors FRA may modify this Safety 5307(b)1 of title 49, United States Code.
adopt appropriate Good Faith Challenge Advisory, issue additional safety
Procedures for any recognized hazard advisories, or take other appropriate A. Statutory Requirements for Private
identified during job safety briefings or actions necessary to ensure the safety of Enterprise Participation
any hazard otherwise arising during the the Nation’s railroads, including Section 5303(i)(6) requires that each
course of work activities roadway pursuing other corrective measures metropolitan planning organization
worker believes requires remediation, under its safety laws and regulations. (MPO) provide interested parties,
whether FRA, OSHA, or another Federal including private providers of
Issued in Washington, DC, on November
agency regulate the that hazard. 22, 2016. transportation, with a reasonable
Recommendations: In light of the opportunity to comment on the
John K. Alexy,
above discussion, and in an effort to metropolitan transportation plan (MTP).
improve job safety briefings, improve Director, Office of Safety Analysis.
The Fixing America’s Surface
the identification and mitigation of [FR Doc. 2016–28558 Filed 11–25–16; 8:45 am] Transportation (FAST) Act (Pub. L. 114–
potential safety hazards existing in the BILLING CODE 4910–06–P 94) amended this section to include the
working environments of roadway following private providers: ‘‘intercity
workers, and reduce the number of bus operators, employer-based
injuries and fatalities occurring when DEPARTMENT OF TRANSPORTATION commuting programs, such as a carpool
roadway workers are engaged in program, vanpool program, transit
Federal Transit Administration
activities outside the scope of FRA’s benefit program, parking cash-out
safety regulations, FRA recommends Private Enterprise Participation program, shuttle program, or telework
railroads and railroad contractors: program.’’ In addition, MPOs must
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1. Develop hazard-recognition AGENCY: Federal Transit Administration develop a participation plan that defines
strategies identifying and addressing (FTA), DOT.
existing conditions posing actual or ACTION: Notice of policy guidance. 1 FTA notes that Section 20013(d) of MAP–21
potential safety hazards, emphasizing refers to 49 U.S.C. 5307(c); however, the private
SUMMARY: The Federal Transit transportation provider participation requirement is
the contributing factors or actions contained within 5307(b). Section 3010(b) of the
Administration (FTA) hereby Fixing America’s Surface Transportation Act makes
5 See 49 CFR 214.311 (responsibility of employers establishes policy guidance for a technical correction to reference the correct
to implement Good Faith Challenge Procedures). documenting compliance with the subsection.
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![85678 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices
compliance through its current which are subject to FERC jurisdiction. port license application, within 90 days
oversight procedures either during the These facilities are described in the following the final license hearing, on or
triennial review, state management section of this Notice titled ‘‘FERC prior to March 14, 2017.
review, planning certification review, Application.’’ ADDRESSES: The open house and public
the STIP approval process, and the Publication of this notice begins a 45- hearing in Cameron, Louisiana will be
Section 5307 grant application process. day comment period, requests public held at the Johnson Bayou Community
Given that this policy guidance imposes participation in the environmental Center, 5556 Gulf Beach Highway,
no new requirements, FTA is not impact review process, provides Cameron, LA, 70631; telephone: 337–
requesting public comment. information on how to participate in the 569–2454. Free parking is available at
Carolyn Flowers,
process and announces final public the Community Center. The open house
hearings in Cameron, Louisiana and and public hearing in Beaumont, Texas
Acting Administrator.
Beaumont, Texas. The Final EIS will be held at the Holiday Inn
[FR Doc. 2016–28479 Filed 11–25–16; 8:45 am]
complies with the Deepwater Port Act of Beaumont Plaza, 3950 Walden Road,
BILLING CODE P
1974, as amended (33 United States Beaumont, Texas 77705; telephone:
Code (U.S.C.) 1501 et seq.) (DWPA) and 409–842–5995. Free parking is available
the National Environmental Policy Act at the Holiday Inn Beaumont Plaza.
DEPARTMENT OF TRANSPORTATION
(42 U.S.C. 4332(2)(C)) (NEPA), as The license application, comments,
Maritime Administration implemented by the Council on supporting information and the Final
Environmental Quality regulations (40 EIS are available for viewing at the
[Docket No. USCG–2015–0472] CFR 1500 to 1508). MARAD and the Regulations.gov Web site: http://
USCG request public comments on the www.regulations.gov under docket
Deepwater Port License Application:
Final EIS and the application. number USCG–2015–0472.
Delfin LNG LLC; Delfin LNG Deepwater
Pursuant to the criteria provided in We encourage you to submit
Port; Final Application Public Hearing
the DWPA, both Louisiana and Texas comments electronically through the
and Final Environmental Impact
have been designated as Adjacent Federal eRulemaking Portal at http://
Statement
Coastal States (ACS) for this application. www.regulations.gov. If you submit your
AGENCY: Maritime Administration, U.S. DATES: MARAD and USCG will hold comments electronically, it is not
Department of Transportation. two public hearings in connection with necessary to also submit a hard copy. If
ACTION: Notice of availability; notice of the license application’s Final EIS. The you cannot submit material using http://
public hearing; request for comments. first public hearing will be held in www.regulations.gov, please contact
Cameron, Louisiana, on December 13, either Mr. Roddy Bachman, USCG or
SUMMARY: The Maritime Administration Ms. Yvette M. Fields, MARAD, as listed
2016, from 6 p.m. to 8 p.m. The second
(MARAD), in cooperation with the U.S. in the following FOR FURTHER
public hearing will be held in
Coast Guard (USCG) and the Federal INFORMATION CONTACT section of this
Beaumont, Texas, on December 14,
Energy Regulatory Commission (FERC), document. This section provides
announces: (1) The schedule and 2016, from 6 p.m. to 8 p.m. Each public
hearing will be preceded by an open alternate instructions for submitting
locations of public hearings; and (2) the written comments. Additionally, if you
availability of the Final Environmental house from 4:30 p.m. to 5:30 p.m. The
public hearing may end later than the go to the online docket and sign up for
Impact Statement (EIS) for the Delfin email alerts, you will be notified when
LNG, LLC (Delfin LNG) deepwater port stated time, depending on the number of
persons who wish to make a comment comments are posted. Anonymous
license application for the exportation comments will be accepted. All
of natural gas. on the record. Additionally, material
you submit in response to the request comments received will be posted
A Notice of Application that
for comments must reach without change to http://
summarized the original Delfin LNG
www.regulations.gov by close of www.regulations.gov and will include
deepwater port license application was
business January 12, 2017, or 45 days any personal information you have
published in the Federal Register on
after the date of publication of this NOA provided.
July 16, 2015 (80 FR 42162). A Notice
of Intent (NOI) to Prepare an in the Federal Register, whichever is FOR FURTHER INFORMATION CONTACT: Mr.
Environmental Impact Statement (EIS) later. Roddy Bachman, USCG, telephone:
and Notice of Public Meetings was Federal and State agencies must also 202–372–1451, email:
published in the Federal Register on submit comments, recommended Roddy.C.Bachman@uscg.mil; or Ms.
July 29, 2015 (80 FR 45270). A Notice conditions for licensing, or letters of no Yvette M. Fields, Director, Office of
of Receipt of Amended Application was objection by Friday, January 12, 2017, or Deepwater Ports and Offshore
published in the Federal Register on 45 days after publication of this notice Activities, MARAD, telephone: 202–
December 24, 2015 (80 FR 80455). A in the Federal Register, whichever is 366–0926, email: Yvette.Fields@dot.gov.
Notice of Availability (NOA) and Notice later. Also, within 45 days following the SUPPLEMENTARY INFORMATION:
of Public Meetings for the Draft EIS was final hearing, on or prior to January 30,
2017, the Governor of Louisiana and the Request for Comments
published in the Federal Register July
15, 2016 (81 FR 46157). This NOA Governor of Texas (ACS Governors) may We request public comments on the
incorporates the aforementioned Notices approve, disapprove, or notify MARAD Final EIS and the application. We also
by reference. of inconsistencies with State programs encourage attendance at the open
The proposed Delfin LNG deepwater relating to environmental protection, houses and public hearings; however,
mstockstill on DSK3G9T082PROD with NOTICES
port would be located in Federal waters land and water use, and coastal zone the public hearing is not the only
within the Outer Continental Shelf management for which MARAD may opportunity you have to comment. You
(OCS) approximately 37.4 to 40.8 ensure consistency by placing may submit comments electronically at
nautical miles off the coast of Cameron conditions on the license. any time, as described in above in
Parish, Louisiana. MARAD must issue a Record of ADDRESSES, to http://
The proposed Delfin LNG deepwater Decision (ROD) to approve, approve www.regulations.gov under docket
port incorporates onshore components, with conditions, or deny the deepwater number USCG–2015–0472.
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Document Created: 2018-02-14 08:36:19
Document Modified: 2018-02-14 08:36:19
| 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 | Notices | |
| Action | Notice of policy guidance. | |
| Dates | Effective Date: This policy guidance will be effective January 12, 2017. | |
| Contact | For policy guidance questions, Kimberly Gayle, Office of Budget and Policy, telephone: 202-366-1429; or email: [email protected] For legal questions, Dana Nifosi, Office of Chief Counsel, telephone: 202-366-1936; or email: [email protected] | |
| FR Citation | 81 FR 85676 |
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