[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5957-5958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov/.
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov/ 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 https://www.regulations.gov/ 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 https://www.regulations.gov 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: [email protected].

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