Notice2023-01830
Notice of Availability: Proposed Updates to Joint Development Circular
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 30, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) is seeking public comment on proposed changes to Circular 7050.1B regarding joint development projects using FTA funds or FTA-funded property. The purpose of these proposed changes is to incorporate changes made by the Bipartisan Infrastructure Law (BIL), implemented as the Infrastructure Investment and Jobs Act that amended the definition of a "Capital Project."
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5957-5958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01830]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2022-0038]
Notice of Availability: Proposed Updates to Joint Development
Circular
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of availability: proposed updates to joint development
Circular.
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SUMMARY: The Federal Transit Administration (FTA) is seeking public
comment on proposed changes to Circular 7050.1B regarding joint
development projects using FTA funds or FTA-funded property. The
purpose of these proposed changes is to incorporate changes made by the
Bipartisan Infrastructure Law (BIL), implemented as the Infrastructure
Investment and Jobs Act that amended the definition of a ``Capital
Project.''
DATES: Comments must be received on or before March 31, 2023. Late
filed comments will be considered to the extent practicable.
ADDRESSES: Please submit your comments by any of the following methods,
identifying your submission by DOT Docket Number FTA-2022-0038. All
electronic submissions must be made to the U.S. Government electronic
site at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
Federal e-Rulemaking Portal: Go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and
follow the online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200
[[Page 5958]]
New Jersey Avenue SE, West Building, Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. Eastern time,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2022-0038) for this notice at
the beginning of each submission of your comments. Submit two copies of
your comments if you submit them by mail. For confirmation that FTA
received your comments, include a self-addressed stamped postcard. All
comments received will be posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> including any personal information provided and
will be available to internet users. You may review DOT's complete
Privacy Act Statement published in the Federal Register on April 11,
2000 (65 FR 19477).
Docket: For access to the docket to read background documents and
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> at any time or to
the U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Docket Operations, M-30, West Building Ground Floor, Room W12-140,
Washington, DC 20590 between 9:00 a.m. and 5:00 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For policy guidance questions, contact
Margaret Schilling, Office of Budget and Policy, Federal Transit
Administration, 1200 New Jersey Ave. SE, Room E52-315, Washington, DC
20590, phone: (202) 366-1487, or email: <a href="/cdn-cgi/l/email-protection#0469657663657661702a77676c6d68686d6a6344606b702a636b72"><span class="__cf_email__" data-cfemail="523f332035332037267c21313a3b3e3e3b3c3512363d267c353d24">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice provides a summary of the
proposed changes to Circular 7050.1B. The Circular itself is not
included in this notice; instead, a redline version of the updated
Circular showing the proposed changes is posted in Docket FTA-2022-
0038.
FTA is proposing to update Circular 7050.1B, to add ``technology to
fuel a zero-emission vehicle'' as an eligible joint development
improvement under FTA programs. Recipients of assistance for these
improvements must collect fees for the use of the charging facilities
unless exceptions apply.
Sec. 30001 of the BIL amended section 5302 of title 49, United
States Code, by adding section 5302(4)(G)(vi)(XV); revising section
5302(4)(G)(iv); and reordering Sections 5302(4)(G)(i-vi).\1\ Section
5302(4)(G)(vi)(XV) added ``technology to fuel a zero-emission vehicle''
as an eligible joint development improvement under the definition of a
``Capital Project.''
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\1\ Previously section 5302(3)(G).
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Section 5302(4)(G)(iv) provides that ``if equipment to fuel
privately owned zero-emission passenger vehicles is installed, the
recipient of assistance shall collect fees from users of the equipment
in order to recover the costs of construction, maintenance, and
operation of the equipment.'' FTA is proposing to add this language to
the Circular on pages III-7 and VI-4--VI-5, with the following
clarifying language: ``The recipient of assistance shall be required to
collect fees from usage only if the equipment is used primarily by
privately-owned passenger vehicles. Fee collection may also be waived
if the recipient demonstrates in the joint development application that
the cost to install a fee collection system is more than the recipient
anticipates collecting from users of the equipment. The method of fee
collection in all circumstances is at the discretion of the site host
and/or recipient of FTA assistance.''
This update of Circular 7050.1B is a direct implementation of a
statutory change. FTA recommends that interested stakeholders review
the proposed changes to the Circular and provide comment on any impacts
these proposed changes may have on future joint development projects.
After a review and consideration of the comments provided on these
changes, FTA will publish the updated Circular on its website. No other
changes to the Circular are being proposed at this time.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-01830 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-57-P
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