Rule2025-12140
Transit Asset Management
Primary source
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Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
This rulemaking revises FTA's Transit Asset Management (TAM) regulation to remove the initial TAM Plan implementation deadline, as this deadline has passed.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28235-28236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12140]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 625
[Docket No. FTA-2025-0007]
RIN 2132-AB56
Transit Asset Management
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rulemaking revises FTA's Transit Asset Management (TAM)
regulation to remove the initial TAM Plan implementation deadline, as
this deadline has passed.
DATES: This final rule is effective on July 1, 2025.
FOR FURTHER INFORMATION CONTACT: Heather Ueyama, Office of Chief
Counsel, (202) 366-7374 or <a href="/cdn-cgi/l/email-protection#93fbf6f2e7fbf6e1bde6f6eaf2fef2d3f7fce7bdf4fce5"><span class="__cf_email__" data-cfemail="a7cfc2c6d3cfc2d589d2c2dec6cac6e7c3c8d389c0c8d1">[email protected]</span></a>. Office hours are
from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Congress directed FTA to establish a national TAM system in section
20019 of the Moving Ahead for Progress in the 21st Century Act (Pub. L.
112-141 (2012), codified at 49 U.S.C. 5326. On July 26, 2016, FTA
issued a final rule that added part 625, ``Transit Asset Management''
to title 49 of the Code of Federal Regulations (81 FR 48962). Part 625
requires public transportation providers to develop and implement TAM
plans to improve the state of good repair of their capital assets. The
regulation also defines the term ``state of good repair'' and
establishes related standards and performance measures.
II. Discussion of the Changes
In this action, FTA is removing section 625.31 from the TAM
regulation. This section established an implementation deadline for
transit providers to complete their initial TAM plan. Pursuant to
section 625.31(a), a transit provider's initial TAM plan must have been
completed no later than two years after October 1, 2016. Section
625.31(b) allowed providers to submit to FTA a written request to
extend this initial implementation deadline. Given that the deadline
passed nearly seven years ago, FTA has determined that this provision
is no longer necessary and that it is appropriate for FTA to remove it
from the regulation. This action will reduce regulatory burden by
eliminating an outdated and unnecessary provision from the TAM
regulation.
III. Good Cause for Dispensing With Notice and Comment and Delayed
Effective Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)),
an agency may waive the normal notice and comment procedure if it
finds, for good cause, that it is impracticable, unnecessary, or
contrary to the public interest. Additionally, 5 U.S.C. 553(d) provides
that an agency may waive the 30-day delayed effective date upon finding
of good cause. As noted above, the initial TAM plan implementation
deadline passed on October 1, 2018. This provision therefore is
outdated and unnecessary. Removing it will have no substantive legal
effect or impact on the status quo.
Accordingly, FTA finds good cause that notice and comment for this
rule is unnecessary due to the nature of the revisions (i.e., the rule
will have no substantive impact on FTA requirements). For the same
reasons, FTA finds that the delayed effective date is unnecessary.
Accordingly, FTA finds good cause under 5 U.S.C. 553(b)(B) and (d)(3)
to waive notice and opportunity for comment and the delayed effective
date.
IV. Regulatory Analyses and Notices
A. Executive Orders 12866 and 13563 (Regulatory Review)
E.O. 12866 (``Regulatory Planning and Review''), as supplemented by
E.O. 13563 (``Improving Regulation and Regulatory Review''), directs
Federal agencies to assess the benefits and costs of regulations and to
select regulatory approaches that maximize net benefits when possible.
OMB has determined the rule is not significant within the meaning of
E.O. 12866 and has not reviewed the rule under that order.
The rule removes an outdated reference to the initial Transit Asset
Management (TAM) plan implementation deadline. Although the change does
not affect current requirements for regulated entities, improving the
clarity of the provisions could reduce the time needed for regulated
entities to understand TAM plan timelines and procedures, resulting in
minor and unquantified cost savings.
B. Executive Order 14192 (Deregulatory Action)
E.O. 14192 (``Unleashing Prosperity Through Deregulation'')
requires that for ``each new [E.O. 14192 regulatory action] issued, at
least ten prior regulations be identified for
[[Page 28236]]
elimination.'' Implementation Guidance for E.O. 14192, issued by OMB
(Memorandum M-25-20, March 25, 2025) defines an E.O. 14192 deregulatory
action as ``an action that has been finalized and has total costs less
than zero.'' This proposed rule, if finalized, is expected to have
total costs less than zero, and therefore is expected to be an E.O.
14192 deregulatory action.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to assess the impact of a regulation on small
entities unless the agency determines that the regulation is not
expected to have a significant economic impact on a substantial number
of small entities. The rule removes an outdated reference to the
initial TAM plan implementation deadline but does not change current
requirements for regulated entities. Therefore, FTA certifies that the
rule will not have a significant effect on a substantial number of
small entities.
D. Unfunded Mandates Reform Act of 1995
FTA has determined this rule would not impose unfunded mandates, as
defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule does not include a Federal mandate that may result in
expenditures of $100 million or more in any one year, adjusted for
inflation, by State, local, and tribal governments in the aggregate or
by the private sector.
E. Executive Order 13132 (Federalism Assessment)
E.O. 13132 (``Federalism'') requires agencies to assure meaningful
and timely input by State and local officials in the development of
regulatory policies that may have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This action has been analyzed in
accordance with the principles and criteria contained in E.O. 13132
dated August 4, 1999, and FTA determined this action will not have a
substantial direct effect or sufficient federalism implications on the
States. FTA also determined this action will not preempt any State law
or regulation or affect the States' ability to discharge traditional
State governmental functions.
F. Paperwork Reduction Act
Federal agencies must obtain approval from the Office of Management
and Budget (OMB) for each collection of information they conduct,
sponsor, or require through regulations. FTA has analyzed this rule
under the Paperwork Reduction Act and believes it does not impose
additional information collection requirements for the purposes of the
Act above and beyond existing information collection clearances from
OMB.
G. National Environmental Policy Act
FTA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FTA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
H. Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under E.O. 13175 (``Consultation and
Coordination with Indian Tribal Governments''), and it will not have
substantial direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal laws. Therefore, a tribal
summary impact statement is not required.
I. Executive Order 13211 (Energy Effects)
FTA has analyzed this action under E.O. 13211 (``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use''). FTA has determined this action is not a significant energy
action under that order and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, a
Statement of Energy Effects is not required.
J. Regulation Identifier Number (RIN)
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 625
Mass transportation, Reporting and recordkeeping requirements,
Safety.
In consideration of the foregoing, and under the authority of 49
U.S.C. 5326 and 5334, and the delegation of authority at 49 CFR 1.91,
the Federal Transit Administration amends 49 CFR part 625 as follows:
PART 625--TRANSIT ASSET MANAGEMENT
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1. The authority citation for part 625 continues to read as follows:
Authority: Sec. 20019 of Pub. L. 112-141, 126 Stat. 707, 49
U.S.C. 5326; Sec. 20025(a) of Pub. L. 112-141, 126 Stat, 718; 49 CFR
1.91.
Sec. 625.31 [Removed and reserved]
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2. Remove and reserve Sec. 625.31.
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12140 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-57-P
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