[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6164-6165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01919]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA 2022-0038]


Notice of Availability: Joint Development Circular C 7050.1C and 
Response to Comments

AGENCY:  Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice of availability: Joint Development Circular C 7050.1C 
and response to comments.

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SUMMARY: The Federal Transit Administration (FTA) is issuing a new 
Circular 7050.1C to address joint development projects using FTA funds 
or FTA-funded property. The purpose of these 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: The applicable date of these changes is January 31, 2024.

ADDRESSES: One may view the comments at docket number FTA-2022-0038 For 
access to the docket, please visit https://www.regulations.gov or the 
Docket Operations office located in the West Building of the United 
States Department of Transportation, Room W12-140, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: For policy guidance questions, contact 
Stacy Weisfeld, Office of Budget and Policy, Federal Transit 
Administration, 1200 New Jersey Ave. SE, Room E52-316, Washington, DC 
20590, phone: (202) 366-6166, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    This notice announces the availability of Joint Development 
Circular 7050.1C, which replaces Circular 7050.1B. This notice also 
responds to comments received on the proposed changes that were 
announced in a notice published in the Federal Register on January 30, 
2023 (88 FR 5957). The Circular itself is not included in this notice; 
instead, an electronic version may be viewed on FTA's website at: 
https://www.transit.dot.gov/JointDevelopment.
    Sec. 30001 of the Bipartisan Infrastructure Law (Pub. L. 117-58) 
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).
    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.'' Accordingly, Joint Development 
Circular 7050.1C adds ``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.
    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.'' Accordingly, this language is addressed 
in the Joint Development Circular on pages III-7 and VI-4--VI-5, with 
the following clarifying conditions: ``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 (the owner or occupant of land on which 
the charging station is built) and/or recipient of FTA assistance. 
Electricity costs are considered operating costs and would, therefore, 
fall under the fee collection requirements.''

II. Response to Public Comments

    FTA received submissions from three commenters in response to the 
Federal Register notice. The following is a summary of the comments 
received, FTA's responses, and the clarifications included in the final 
guidance.
    Comment: One commenter requested clarification if Zero Emission 
Vehicle (ZEV) fees are considered program income.
    Response: Yes, ZEV fees collected under this provision shall be 
considered program income.
    Comment: A transit agency requested clarification whether 
recipients are required to charge for the use of fueling equipment that 
is constructed, operated, and maintained with funds other than FTA 
funds; in other words, are recipients required to charge for the use of 
fueling equipment if there are no FTA-assisted construction, 
maintenance, or operation costs to recover; or if the equipment is not 
owned or operated by the recipient.
    Response: Circular 7050.1C provides on pages III-7 and VI-5 that 
recipients are not required to charge for the use of fueling equipment 
if no FTA funds are used to construct, operate, or maintain the 
equipment and the equipment is not owned or operated by the recipient. 
Though not required, recipients may negotiate for any fees charged to 
be shared as part of the joint development agreement.
    Comment: The transit agency also asked FTA to clarify whether 
collection of the required fees by the owner and/or operator of the 
fueling equipment is sufficient or if such fees need to be passed 
through to the project sponsors.
    Response: Recipients are not required to charge for the use of 
fueling equipment that they do not own or operate. Though not required, 
recipients may negotiate for any fees charged to be shared as part of 
the joint development agreement.
    Comment: The transit agency commented that the term ``site host'' 
was undefined.
    Response: FTA is clarifying in Circular 7050.1C that a site host is 
the owner or occupant of land on which the charging station is built.
    Comment: The transit agency also requested clarification as to 
whether the owner/operator of the fueling equipment possesses the 
discretion to determine the method of fee collection.
    Response: In instances where the recipient partners with another 
entity in constructing, operating, or maintaining the charging 
equipment and is required

[[Page 6165]]

to charge for the use of the equipment, the recipient and their 
partner(s) should come to an agreement as to the fee collection method.
    Comment: The transit agency further commented that FTA should 
consider exempting the vehicles of a joint developments' affordable 
housing tenants from the fee collection requirement.
    Response: Exempting any private users from the fee collection 
requirements is outside the scope of the statute and is therefore not 
discussed further in Circular7050.1C. However, FTA encourages 
recipients to work with their partners to consider negotiating a 
different fee structure for affordable housing tenants.
    Comment: An industry association commented in support of the 
proposed changes to the Joint Development Circular and noted the 
importance of allowing the fee collection to be waived if the recipient 
demonstrates the cost to install a fee collection system is more than 
the costs paid by the users.
    Response: FTA acknowledges these comments and refers the reader to 
the response provided above.
    Comment: The industry association further commented that charging 
stations should be allowed to accommodate not only personal automobiles 
but any other form of electrically powered mobility devices such as 
electric bicycles, electric scooters, electric mopeds, or any other 
emerging battery-powered or zero-emission vehicle.
    Response: The statute only addresses the collection of fees from 
``passenger vehicles'' and does not address the shared or incidental 
use of the equipment by other vehicle types or the collection of fees 
from the users of those vehicles. 49 U.S.C. 5302(4)(G)(iv). While the 
term ``passenger vehicle'' is not defined in the statute, FTA 
interprets it to mean automobiles or vans, consistent with similar 
definitions in other Federal statutes. See 49 U.S.C. 30127(a)(2) 
(``multipurpose passenger vehicle''); 49 U.S.C. 32101(9)-(10) 
(``multipurpose passenger vehicle'' and ``passenger motor vehicle''); 
49 U.S.C. 30127(a)(3) (``passenger car'').
    Comment: The industry association also commented that agencies 
should have the ability to cover the costs of the infrastructure, the 
operation and maintenance costs as well as the cost of the electricity 
provided.
    Response: FTA concurs with this comment and further clarifies in 
the final circular that electricity costs are considered operating 
costs and would, therefore, fall under the fee collection requirements. 
Electricity costs may also be negotiated as part of the fair share of 
costs pursuant to 49 U.S.C. 5302(4)(G)(v).

Nuria I. Fernandez,
Administrator.
[FR Doc. 2024-01919 Filed 1-30-24; 8:45 am]
BILLING CODE 4910-57-P