Notice2023-05284
Proposed Asset Disposition Guidance and Request for Comments
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
March 15, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) has placed in the docket, and on its website, proposed guidance intended to provide clarity on an asset disposition option under the National Defense Authorization Act (NDAA) for fiscal year 2022. Under the new provision, FTA may authorize the transfer of an asset acquired with Federal assistance, but no longer needed for the originally authorized purpose, to a local governmental authority, non- profit organization, or other third-party entity if certain statutory criteria are met.
Full Text
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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16076-16077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05284]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2022-0029]
Proposed Asset Disposition Guidance and Request for Comments
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of availability of proposed guidance relating to an
asset disposition option for FTA recipients under the National Defense
Authorization Act (NDAA) for fiscal year 2022.
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket, and on its website, proposed
[[Page 16077]]
guidance intended to provide clarity on an asset disposition option
under the National Defense Authorization Act (NDAA) for fiscal year
2022. Under the new provision, FTA may authorize the transfer of an
asset acquired with Federal assistance, but no longer needed for the
originally authorized purpose, to a local governmental authority, non-
profit organization, or other third-party entity if certain statutory
criteria are met.
DATES: Comments must be submitted by April 14, 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 with Docket Number FTA-2022-0029. All
electronic submissions must be made to the U.S. Government electronic
site at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Federal e-Rulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
follow the online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 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-2022-0029) 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="http://www.regulations.gov">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 Access: For access to the docket to read background
documents and comments received, go to <a href="http://www.regulations.gov">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 Standard
Time, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For policy guidance questions, contact
Maggie 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 <a href="/cdn-cgi/l/email-protection#7d101c1a1a1418530e1e1514111114131a3d191209531a120b"><span class="__cf_email__" data-cfemail="3d505c5a5a5458134e5e5554515154535a7d595249135a524b">[email protected]</span></a>. For legal
questions, contact Kathryn Loster at 202-705-1269 or email
<a href="/cdn-cgi/l/email-protection#83e8e2f7ebf1faedadefecf0f7e6f1c3e7ecf7ade4ecf5"><span class="__cf_email__" data-cfemail="5833392c302a21367634372b2c3d2a183c372c763f372e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: FTA is seeking comment on proposed guidance,
published as Frequently Asked Questions on FTA's website, regarding a
new asset disposition option for FTA recipients. This guidance explains
changes made to 49 U.S.C. 5334(h)(1) by the National Defense
Authorization Act (NDAA) for fiscal year 2022 (Pub. L. 117-81).
Specifically, section 6609 of the NDAA added a new disposition option
for assets acquired with Federal assistance that are no longer needed
for the originally authorized purpose. Under the new provision, FTA may
authorize the transfer of property to a local government authority,
non-profit organization, or other third-party entity if, among other
criteria enumerated in the law, it will be used for transit-oriented
development and include affordable housing. The proposed guidance, in
the form of FAQs, is available on the agency's public website at:
<a href="https://www.transit.dot.gov/funding/funding-finance-resources/notice-proposed-asset-disposition-guidance-and-request-comments">https://www.transit.dot.gov/funding/funding-finance-resources/notice-proposed-asset-disposition-guidance-and-request-comments</a>. Based on
public comment, FTA may revise the definitions and standards in the
FAQ's.
After review and consideration of the comments provided on the
proposed guidance, FTA will issue a final version of the guidance and
will publish it on FTA's website. In addition, FTA will incorporate
this statutory change to other relevant FTA guidance in the future when
more comprehensive guidance updates occur, incorporating feedback FTA
receives on this document as applicable.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-05284 Filed 3-14-23; 8:45 am]
BILLING CODE 4910-57-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.