Notice2023-00533
Notice of Availability of Final Initial Updated Policy Guidance for the Capital Investment Grants Program
Primary source
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Published
January 12, 2023
Effective
January 12, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) is making available, on its website and in the docket, final initial updates to the Capital Investment Grants (CIG) program policy guidance. These revisions amend FTA's CIG Final Interim Policy Guidance last published in June 2016 to reflect changes made to the program by the Infrastructure Investment and Jobs Act (IIJA), also known as the "Bipartisan Infrastructure Law". In March 2022, FTA published initial guidance proposals for implementing changes made to the CIG program by the IIJA for public comment. FTA appreciates the thoughtful comments received and has incorporated some of the suggestions into the initial updated CIG program policy guidance. FTA is placing formal responses to the comments received in the docket. This policy guidance continues to complement FTA's regulations that govern the CIG program.
Full Text
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<title>Federal Register, Volume 88 Issue 8 (Thursday, January 12, 2023)</title>
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[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Page 2166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00533]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA-2021-0010]
Notice of Availability of Final Initial Updated Policy Guidance
for the Capital Investment Grants Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of availability of final initial updated Capital
Investment Grants program policy guidance.
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SUMMARY: The Federal Transit Administration (FTA) is making available,
on its website and in the docket, final initial updates to the Capital
Investment Grants (CIG) program policy guidance. These revisions amend
FTA's CIG Final Interim Policy Guidance last published in June 2016 to
reflect changes made to the program by the Infrastructure Investment
and Jobs Act (IIJA), also known as the ``Bipartisan Infrastructure
Law''. In March 2022, FTA published initial guidance proposals for
implementing changes made to the CIG program by the IIJA for public
comment. FTA appreciates the thoughtful comments received and has
incorporated some of the suggestions into the initial updated CIG
program policy guidance. FTA is placing formal responses to the
comments received in the docket. This policy guidance continues to
complement FTA's regulations that govern the CIG program.
DATES: This final initial guidance is effective January 12, 2023.
FOR FURTHER INFORMATION CONTACT: Elizabeth Day, FTA Office of Planning
and Environment, telephone (202) 366-5159 or <a href="/cdn-cgi/l/email-protection#de9bb2b7a4bfbcbbaab6f09abfa79ebab1aaf0b9b1a8"><span class="__cf_email__" data-cfemail="df9ab3b6a5bebdbaabb7f19bbea69fbbb0abf1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final initial guidance document
contains binding obligations, which 49 U.S.C. 5334(k) defines as ``a
substantive policy statement, rule, or guidance document issued by the
Federal Transit Administration that grants rights, imposes obligations,
produces significant effects on private interests, or effects a
significant change in existing policy.'' Under 49 U.S.C. 5334(k), FTA
may issue binding obligations if it follows notice and comment
rulemaking procedures under 5 U.S.C. 553. Prior to making the
amendments announced today, FTA followed such procedures. The policy
guidance that FTA periodically issues for the CIG program complements
the FTA regulations that govern the CIG program, codified at 49 CFR
part 611. The regulations set forth the process that grant applicants
must follow to be considered for discretionary funding under the CIG
program, and the procedures and criteria FTA uses to rate and evaluate
projects to determine their eligibility for discretionary CIG program
funding. The policy guidance provides a greater level of detail about
the methods FTA uses and the sequential steps a sponsor must follow in
developing a project.
In March 2022, FTA sought comment on three initial proposed changes
to FTA's CIG Final Interim Policy Guidance last issued in June 2016 (87
FR 14612). The three proposals were related to changes made by the IIJA
to 49 U.S.C. 5309 and included: eligibility as a Core Capacity project;
how FTA will determine that a CIG project sponsor has demonstrated
progress on meeting Transit Asset Management and State of Good Repair
targets; and how bundles of CIG projects can enter the Project
Development phase of the program. The initial updated CIG program
policy guidance is being made available today on the agency's public
website at <a href="https://www.transit.dot.gov/funding/grant-programs/capital-investments/capital-investment-grants-program-regulations-guidance">https://www.transit.dot.gov/funding/grant-programs/capital-investments/capital-investment-grants-program-regulations-guidance</a>, and
in the docket at <a href="https://www.regulations.gov/docket/FTA-2021-0010/">https://www.regulations.gov/docket/FTA-2021-0010/</a>.
Additionally, FTA's response to the comments received on the initial
proposed changes are available in the docket. No other changes are
being made to the CIG program policy guidance at this time. FTA intends
to propose a more comprehensive update of the CIG program policy
guidance for notice and comment in the future. That proposed update
will incorporate feedback FTA received in response to its Request for
Information published in the Federal Register in July 2021 (86 FR
37402). The three topics covered in the final initial updated CIG
program policy guidance are intended to assist FTA in managing the CIG
program in the near term while the more comprehensive CIG program
policy guidance changes are developed and proposed.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-00533 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-57-P
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