81 FR 96199 - Joint Development: Updated Circular
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 250 (December 29, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 250 (December 29, 2016)
| Page Range | 96199-96200 | |
| FR Document | 2016-31443 |
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)] [Notices] [Pages 96199-96200] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31443] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0045] Joint Development: Updated Circular AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of update to joint development circular. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) has issued and placed in the docket and on its Web site updated guidance, in the form of a circular, on joint development projects making use of FTA funds or FTA- funded property. The purpose of the update is to implement recent statutory changes and clarify guidance in FTA Circular 7050.1: FTA Guidance on Joint Development. Because the update reflects existing statute and imposes no new requirements on recipients, FTA is not soliciting public comment. DATES: The prohibition on the outfitting of commercial space as part of FTA-assisted joint development projects ended when the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94) took effect on October 1, 2015. The policy guidance regarding the ``fair share of revenue'' for affordable housing as part of FTA-assisted joint development projects will be effective February 13, 2017. FOR FURTHER INFORMATION CONTACT: For policy guidance questions, Daniel Schned, Office of Budget and Policy, Federal Transit Administration, 1200 New Jersey Ave. SE., Room E52-313, Washington, DC 20590, phone: (202) 366-1652, or email, [email protected]. For legal questions, Christopher T. Hall, Office of Chief Counsel, same address, Room E56- 311 phone: (202) 366-5218; or email: [email protected]. SUPPLEMENTARY INFORMATION: This notice provides a summary of the updates to Circular 7050.1. The Circular itself is not included in this notice; instead, an electronic version may be found on FTA's Web site, at www.transit.dot.gov, and in the docket, at www.regulations.gov. Paper copies of the Circular may be obtained by contacting FTA's Administrative Services Help Desk, at (202) 366-4865. Table of Contents I. Overview II. Updates to Circular 7050.1 A. Outfitting Commercial Space B. Affordable Housing I. Overview FTA is publishing updates to Circular 7050.1, regarding joint development, that affect: (1) the eligibility of outfitting space for commercial use under the FAST Act; and (2) the ``fair share of revenue'' for affordable housing as part of FTA-assisted joint development projects. II. Updates to Circular 7050.1 A. Outfitting Commercial Space Section 3002(2)(B) of the FAST Act amended Section 5302 of title 49, United States Code, by striking Section 5302(3)(G)(vi). Section 5302(3)(G)(vi) had specified that, for the purpose of programs under Chapter 53, a capital project for joint development ``does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation.'' FTA has determined that the best way to comply with Section 3002(2)(B) of the FAST Act is to strike Section 5, ``Ineligible Activities,'' of Chapter III of Circular 7050.1 and all references to the section. B. Affordable Housing Section 5302(3)(G)(iii) of title 49, United States Code, requires FTA-funded joint development projects to provide a ``fair share of revenue that will be used for public transportation.'' Prior to the effective date of Circular 7050.1 on October 1, 2014, FTA generally deferred to a project sponsor's assessment of what is a ``fair share'' of revenue, and did not require any specific amount of transit funding from a joint development project. With Circular 7050.1, FTA determined that a fair share of revenue means that a joint development project must produce revenue for transit at least equal to the Federal Government's initial investment in the joint development. (79 FR 50,728; 50,731-32 August 25, 2014). At the same time, FTA recognized that the revenue generated by below-market-rate development would be less compared to market-rate commercial, residential, or mixed-use development. So as not to impede these developments, Circular 7050.1 included an exception for joint development projects that are ``community service'' or ``publicly- operated'' facilities, thereby exempting them from the minimum fair share of revenue requirement. FTA also acknowledges that many transit agencies have incorporated affordable housing goals into their joint development policies. Similar to community service and publicly- operated facilities, affordable housing also may generate less revenue than market-rate development. Accordingly, FTA will allow the fair share of revenue provided by joint development projects including certain affordable housing to be less than the minimum threshold established in Circular 7050.1. FTA defines the term ``affordable housing'' to mean legally binding affordability restricted housing units available to renters with incomes below 60 percent of the area median income or owners with incomes below the area median. [[Page 96200]] Given that this update of Circular 7050.1 is a direct implementation of a statutory change and imposes no new requirements on grantees, FTA is not soliciting public comment. Carolyn Flowers, Acting Administrator. [FR Doc. 2016-31443 Filed 12-28-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 96199
vision in the better eye continues to updated guidance, in the form of a had specified that, for the purpose of
meet the requirements in 49 CFR circular, on joint development projects programs under Chapter 53, a capital
391.41(b)(10), and (b) by a certified making use of FTA funds or FTA- project for joint development ‘‘does not
Medical Examiner, as defined by 49 CFR funded property. The purpose of the include outfitting of commercial space
390.5, who attests that the driver is update is to implement recent statutory (other than an intercity bus or rail
otherwise physically qualified under 49 changes and clarify guidance in FTA station or terminal) or a part of a public
CFR 391.41; (2) each driver must Circular 7050.1: FTA Guidance on Joint facility not related to public
provide a copy of the ophthalmologist’s Development. Because the update transportation.’’
or optometrist’s report to the Medical reflects existing statute and imposes no FTA has determined that the best way
Examiner at the time of the annual new requirements on recipients, FTA is to comply with Section 3002(2)(B) of the
medical examination; and (3) each not soliciting public comment. FAST Act is to strike Section 5,
driver must provide a copy of the DATES: The prohibition on the outfitting ‘‘Ineligible Activities,’’ of Chapter III of
annual medical certification to the of commercial space as part of FTA- Circular 7050.1 and all references to the
employer for retention in the driver’s assisted joint development projects section.
qualification file and retains a copy of ended when the Fixing America’s
the certification on his/her person while B. Affordable Housing
Surface Transportation (FAST) Act
driving for presentation to a duly (Pub. L. 114–94) took effect on October Section 5302(3)(G)(iii) of title 49,
authorized Federal, State, or local 1, 2015. The policy guidance regarding United States Code, requires FTA-
enforcement official. The exemption the ‘‘fair share of revenue’’ for affordable funded joint development projects to
will be rescinded if: (1) The person fails housing as part of FTA-assisted joint provide a ‘‘fair share of revenue that
to comply with the terms and development projects will be effective will be used for public transportation.’’
conditions of the exemption; (2) the February 13, 2017. Prior to the effective date of Circular
exemption has resulted in a lower level FOR FURTHER INFORMATION CONTACT: For 7050.1 on October 1, 2014, FTA
of safety than was maintained before it policy guidance questions, Daniel generally deferred to a project sponsor’s
was granted; or (3) continuation of the Schned, Office of Budget and Policy, assessment of what is a ‘‘fair share’’ of
exemption would not be consistent with Federal Transit Administration, 1200 revenue, and did not require any
the goals and objectives of 49 U.S.C. New Jersey Ave. SE., Room E52–313, specific amount of transit funding from
31136(e) and 31315. Washington, DC 20590, phone: (202) a joint development project. With
IV. Preemption 366–1652, or email, daniel.schned@ Circular 7050.1, FTA determined that a
dot.gov. For legal questions, Christopher fair share of revenue means that a joint
During the period the exemption is in development project must produce
T. Hall, Office of Chief Counsel, same
effect, no State shall enforce any law or revenue for transit at least equal to the
address, Room E56–311 phone: (202)
regulation that conflicts with this Federal Government’s initial investment
366–5218; or email: Christopher.Hall@
exemption with respect to a person in the joint development. (79 FR 50,728;
dot.gov.
operating under the exemption. 50,731–32 August 25, 2014).
SUPPLEMENTARY INFORMATION: This
VI. Conclusion notice provides a summary of the At the same time, FTA recognized
Based upon its evaluation of the 88 updates to Circular 7050.1. The Circular that the revenue generated by below-
exemption applications, FMCSA renews itself is not included in this notice; market-rate development would be less
the exemptions of the aforementioned instead, an electronic version may be compared to market-rate commercial,
drivers from the vision requirement in found on FTA’s Web site, at residential, or mixed-use development.
49 CFR 391.41(b)(10), subject to the www.transit.dot.gov, and in the docket, So as not to impede these
requirements cited above (49 CFR at www.regulations.gov. Paper copies of developments, Circular 7050.1 included
391.64(b)). In accordance with 49 U.S.C. the Circular may be obtained by an exception for joint development
31136(e) and 31315, each exemption contacting FTA’s Administrative projects that are ‘‘community service’’
will be valid for two years unless Services Help Desk, at (202) 366–4865. or ‘‘publicly-operated’’ facilities,
revoked earlier by FMCSA. thereby exempting them from the
Table of Contents minimum fair share of revenue
Issued on: December 19, 2016. requirement. FTA also acknowledges
I. Overview
Larry W. Minor, that many transit agencies have
II. Updates to Circular 7050.1
Associate Administrator for Policy. A. Outfitting Commercial Space incorporated affordable housing goals
[FR Doc. 2016–31559 Filed 12–28–16; 8:45 am] B. Affordable Housing into their joint development policies.
BILLING CODE 4910–EX–P Similar to community service and
I. Overview
publicly-operated facilities, affordable
FTA is publishing updates to Circular housing also may generate less revenue
DEPARTMENT OF TRANSPORTATION 7050.1, regarding joint development, than market-rate development.
that affect: (1) the eligibility of outfitting Accordingly, FTA will allow the fair
Federal Transit Administration space for commercial use under the share of revenue provided by joint
[Docket No. FTA–2016–0045] FAST Act; and (2) the ‘‘fair share of development projects including certain
revenue’’ for affordable housing as part affordable housing to be less than the
Joint Development: Updated Circular of FTA-assisted joint development minimum threshold established in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
projects. Circular 7050.1.
AGENCY: Federal Transit Administration
(FTA), DOT. II. Updates to Circular 7050.1 FTA defines the term ‘‘affordable
ACTION: Notice of update to joint
housing’’ to mean legally binding
A. Outfitting Commercial Space affordability restricted housing units
development circular.
Section 3002(2)(B) of the FAST Act available to renters with incomes below
SUMMARY: The Federal Transit amended Section 5302 of title 49, 60 percent of the area median income or
Administration (FTA) has issued and United States Code, by striking Section owners with incomes below the area
placed in the docket and on its Web site 5302(3)(G)(vi). Section 5302(3)(G)(vi) median.
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![96200 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
Given that this update of Circular maintaining state of good repair, human must be received by the Designated
7050.1 is a direct implementation of a impact, data use and cybersecurity. Federal Official at least three business
statutory change and imposes no new Proposed Agenda: This will be the days prior to the meeting to be
requirements on grantees, FTA is not first meeting of the ACAT. The considered by the committee. Written
soliciting public comment. committee will conduct introductions of comments or statements received after
members, discuss organizational details this date may not be provided to the
Carolyn Flowers,
and logistics, and discuss automated committee until its next meeting.
Acting Administrator. vehicle research, policy, and regulation. Verbal Comments or Statements:
[FR Doc. 2016–31443 Filed 12–28–16; 8:45 am] Agenda will be as follows: Pursuant to 41 CFR 102–3.140d, the
BILLING CODE P
—Welcome and Mission of ACAT Committee is not obligated to allow a
—Remarks by U.S. Transportation member of the public to speak or
Secretary Anthony Foxx otherwise address the Committee during
DEPARTMENT OF TRANSPORTATION —Briefing on FACA Rules and Ethics the meeting. Members of the public are
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—Public Comments
[Docket No.: DOT–OST–2016–0203] Public Accessibility to the Meeting: meeting only at the time and in the
Pursuant to 5 U.S.C. 552b, as amended, manner described below. All requests to
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Minutes: The minutes of this meeting
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SUPPLEMENTARY INFORMATION: The stated agenda of the meeting or in regard [FR Doc. 2016–31668 Filed 12–28–16; 8:45 am]
committee meeting is being held in to the committee’s mission in general. BILLING CODE 4910–9X–P
accordance with the Federal Advisory Written comments or statements should
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY: Internal Revenue Service (IRS),
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Document Created: 2016-12-29 01:58:41
Document Modified: 2016-12-29 01:58:41
| 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 update to joint development circular. | |
| Dates | The prohibition on the outfitting of commercial space as part of FTA-assisted joint development projects ended when the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94) took effect on October 1, 2015. The policy guidance regarding the ``fair share of revenue'' for affordable housing as part of FTA-assisted joint development projects will be effective February 13, 2017. | |
| Contact | For policy guidance questions, Daniel Schned, Office of Budget and Policy, Federal Transit Administration, 1200 New Jersey Ave. SE., Room E52-313, Washington, DC 20590, phone: (202) 366-1652, or email, [email protected] For legal questions, | |
| FR Citation | 81 FR 96199 |
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