[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16076-16077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 http://www.regulations.gov.
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov 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 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 Access: For access to the docket to read background 
documents and comments received, go to 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 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 [email protected]. For legal 
questions, contact Kathryn Loster at 202-705-1269 or email 
[email protected].

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: 
https://www.transit.dot.gov/funding/funding-finance-resources/notice-proposed-asset-disposition-guidance-and-request-comments. 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]
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