[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Page 2166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 [email protected].

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 https://www.transit.dot.gov/funding/grant-programs/capital-investments/capital-investment-grants-program-regulations-guidance, and 
in the docket at https://www.regulations.gov/docket/FTA-2021-0010/. 
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]
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