[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46514-46515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19200]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 611

[Docket No. FTA-2015-0007]
RIN 2132-ZA03


Notice of Availability of Final Interim Policy Guidance for the 
Capital Investment Grant Program

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability of final interim policy guidance.

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SUMMARY: The Federal Transit Administration (FTA) is announcing the 
availability of final interim policy guidance on the Capital Investment 
Grant (``CIG'') program. The final interim guidance has been placed 
both in the docket and on FTA's Web site. In brief, the policy guidance 
that FTA periodically issues on the CIG program complements the FTA 
regulations that govern the program. The regulations set forth the 
process that grant applicants must follow to be eligible for 
discretionary funding under the CIG program. The policy guidance 
provides a greater level of detail about the methods FTA uses to apply 
the evaluation criteria and the sequential steps a sponsor must follow 
in developing a project.

DATES: This final policy guidance is effective August 5, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Day, FTA Office of Planning 
and Environment, telephone (202) 366-5159 or [email protected].

SUPPLEMENTARY INFORMATION:  Pursuant to 49 U.S.C. 5309(g)(5), FTA is 
required to publish policy guidance on the CIG program each time the 
agency makes significant changes to the process and/or evaluation 
criteria, and in any event, at least once every two years. Also, FTA

[[Page 46515]]

is required to invite public comment on the policy guidance, and to 
publish its response to comments. In this instance, FTA published 
proposed interim policy guidance on April 8, 2015, at 80 FR 18796 
(http://www.gpo.gov/fdsys/pkg/FR-2015-04-08/pdf/2015-08063.pdf). The 
final interim policy guidance and our response to comments is available 
on FTA's public Web site at http://www.fta.dot.gov/newstarts and in the 
docket at http://www.regulations.gov.
    The final interim policy guidance addresses four subjects not 
addressed in either the regulations or the previous policy guidance 
document for the CIG program. Specifically these are: (1) The measures 
and breakpoints for the congestion relief criterion applicable to New 
Starts and Small Starts projects; (2) the evaluation and rating process 
for Core Capacity Improvement projects, including the measures and 
breakpoints for all the project justification and local financial 
commitment criteria applicable to those projects; (3) the prerequisites 
for entry into each phase of the CIG process for each type of project 
in the CIG program, and the requirements for completing each phase of 
that process; and (4) ways in which certain New Starts, Small Starts, 
and Core Capacity Improvement projects can qualify for ``warrants'' 
entitling them to automatic ratings on some of the evaluation criteria. 
This final policy guidance is characterized as ``interim'' because, in 
the near future, FTA will initiate a rulemaking to amend the 
regulations at 49 CFR part 611 to fully carry out the authorizing 
statute for the CIG program, 49 U.S.C. 5309, as amended by the Moving 
Ahead for Progress in the 21st Century Act (Pub. L. 112-141; July 6, 
2012) (``MAP-21''). The information gained through the public comment 
process on the interim policy guidance will inform the future 
rulemaking.
    The final interim policy guidance being published today is 
approximately 100 typewritten pages in length, arranged in three stand-
alone chapters for each of the three types of projects eligible for CIG 
funds: New Starts, Small Starts, and Core Capacity Improvements. Each 
chapter provides a short introduction, a discussion of eligibility for 
that type of project, a summary of the requirements for entry into and 
getting through each step of the CIG process, information on each of 
the project evaluation criteria, and an explanation of how FTA will 
determine the overall rating for a project. Each type of project in the 
CIG program--a New Start, Small Start, or Core Capacity Improvement--is 
governed by a unique set of requirements, although there are many 
similarities amongst the three sets of requirements.
    The final interim policy guidance does not address the Program of 
Interrelated Projects provisions or the pilot program for expedited 
project delivery included in MAP-21. The Program of Interrelated 
Projects provisions will be addressed through future rulemaking and 
policy guidance updates. On July 7, 2015, FTA published in a separate 
Federal Register notice at 80 FR 38801 (http://www.gpo.gov/fdsys/pkg/FR-2015-07-07/pdf/2015-16515.pdf), a request for expressions of 
interest for the pilot program for expedited project delivery.
    FTA received 539 separate comments on the proposed interim policy 
guidance from 41 commenters, including cities, transit operators, state 
agencies, metropolitan planning organizations, non-profit 
organizations, and interested citizens. FTA's summary and response to 
these comments is available both on the agency's public Web site at 
http://www.fta.dot.gov/newstarts and in the docket at http://www.regulations.gov. The public comments are available, in their 
entirety, on the docket at http://www.regulations.gov.
    This final interim policy guidance is effective immediately. It 
provides technical details necessary for FTA to apply the project 
evaluation and rating criteria. Sponsors of New Starts, Small Starts, 
and Core Capacity projects need this final interim policy guidance to 
gather and submit the data and information needed by FTA to move their 
projects into and through the process. In turn, FTA needs this data 
from project sponsors to prepare the agency's annual report to Congress 
on capital investment funding recommendations for the forthcoming 
Federal fiscal year, as required by 49 U.S.C. 5309(o)(1). For these 
reasons, and in accordance with the Administrative Procedure Act, 5 
U.S.C. 553(d), FTA finds good cause for an exception to the requirement 
for 30-day publication prior to an effective date.

    Issued in Washington, DC, under the authority delegated at 49 
CFR 1.91.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015-19200 Filed 8-4-15; 8:45 am]
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