[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 52046-52053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21273]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No: FTA-2009-0052]
Final Policy Statement on the Eligibility of Pedestrian and
Bicycle Improvements Under Federal Transit Law
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Final policy statement.
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SUMMARY: The Federal Transit Administration (FTA) hereby establishes a
formal policy on the eligibility of pedestrian and bicycle improvements
for FTA funding and defines the catchment area for pedestrians and
bicyclists in relation to public transportation stops and stations.
DATES: Effective Date: The effective date of this final policy
statement is August 19, 2011.
ADDRESSES: Availability of the Final Policy Statement and Comments: One
may access this final policy statement, the proposed policy statement,
and public comments on the proposed policy statement at docket number
FTA-2009-0052. For access to the docket, please visit http://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, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jayme L. Blakesley at
jayme.blakesley@dot.gov or Matthew Lesh at matthew.lesh@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The purpose of this notice is to simplify the process for
determining whether a pedestrian or bicycle improvement qualifies for
FTA funding by defining a radius around a public transportation stop or
station within which FTA will consider pedestrian and bicycle
improvements to have a de facto functional relationship to public
transportation. For the reasons outlined in this Policy Statement, and
for purposes of determining whether a pedestrian or bicycle improvement
has a physical or functional relationship to public transportation, all
pedestrian improvements located within one-half mile and all bicycle
improvements located within three miles of a public transportation stop
or station shall have a de facto physical and functional relationship
to public transportation. Pedestrian and bicycle improvements beyond
these distances may be eligible for FTA funding by demonstrating that
the improvement is within the distance that people will travel by foot
or by bicycle to use a particular stop or station.
II. Background
Walking, bicycling, and public transportation are complementary
modes of transportation: many people access public transportation by
walking a short distance; others arrive by bicycle. The success of
public transportation can often be limited by poor ``first and last
mile'' access to the system. Further, safe walking and bicycling access
can be important inducements to using public transportation. Thus, it
is essential to develop safe, secure, and appropriate pedestrian and
bicycle infrastructure if the users of public transportation are to
[[Page 52047]]
have safe, convenient, and practical access routes to, as well as
appropriate amenities to enhance the utility of, public transportation
systems across the country.
Adequate sidewalks, pathways, and roadway crossings in the area
around public transportation access points and amenities such as
benches, shelters, and lighting at stops and stations are important for
pedestrian comfort and safety. The most successful and useful public
transportation systems have safe and convenient pedestrian access and
provide comfortable waiting areas, all of which encourage greater
use.\1\ Well-connected sidewalks should be installed in all areas with
regular public transportation service so that public transportation
patrons will not be forced to walk in the street while traveling to or
from a stop or station. Additionally, roadway crossings should be made
safer with an appropriate combination of facilities, such as marked
crosswalks, median crossing islands, warning signs, and pedestrian
signals.\2\
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\1\ Pedestrian Safety Guide for Transit Agencies, Federal
Highway Administration, United States Department of Transportation,
February 2008.
\2\ Pedestrian Safety Guide for Transit Agencies, Federal
Highway Administration, United States Department of Transportation,
February 2008.
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Distances beyond the ``walkshed'' of public transportation stops
and stations may, in fact, be within the range of a short bicycle trip.
Indeed, as one author stated, ``[bicycles] are the perfect
transportation choice for a short one- to three-mile trip to and from a
transit station.'' \3\ Providing secure parking and other amenities for
bicycles and cyclists at public transportation stops or stations can be
less expensive than providing parking for automobiles. Access to public
transportation allows bicyclists the opportunity to make longer trips.
Further, where physical conditions prevent a continuous bicycle trip,
public transportation can provide a link to previously inaccessible
destinations.
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\3\ Andrea White-Kjoss, Building Multimodal Transit Facilities:
The One Clear Step toward the New Transportation Paradigm, Mass
Transit, July/August 2009, at 36-37.
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A community's design, including the layout of the roads, public
transportation systems, and walkways, has a huge impact on its
residents. A ``livable community'' may promote quality of life,
economic development, and social equity. As Secretary of Transportation
Ray LaHood noted, a ``livable community'' is ``a community where if
people don't want an automobile, they don't have to have one; a
community where you can walk to work, your doctor's appointment,
pharmacy or grocery store. Or you could take light rail, a bus, or ride
a bike.'' \4\ As the Secretary further described, ``livable communities
are mixed-use neighborhoods with highly-connected streets promoting
mobility for all users, whether they are children walking or biking to
school or commuters riding transit or driving motor vehicles. Benefits
include improved traffic flow, shorter trip lengths, safer streets for
pedestrians and cyclists, lower greenhouse gas emissions, reduced
dependence on fossil fuels, increased trip-chaining, and independence
for those who prefer not to or are unable to drive. In addition,
investing in a `complete street' concept stimulates private-sector
economic activity by increasing the viability of street-level retail
small businesses and professional services, creating housing
opportunities and extending the usefulness of school and transit
facilities.'' \5\ As one leading scholar noted, ``Pedestrian and
bicycle traffic use fewer resources and affect the environment less
than any other form of transport.'' \6\ If we are to create livable
communities, ``the range of transportation choices available to all
Americans--including transit, walking, bicycling, and improved
connectivity for various modes--must be expanded.'' \7\
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\4\ Christie Findlay, Living in a Post-Car World, AARP Bulletin,
October 1, 2009.
\5\ Statement of Ray LaHood, Secretary of Transportation, before
the Committee on Banking, Housing, and Urban Affairs, United States
Senate Hearing on Greener Communities, Greater Opportunities: New
Ideas for Sustainable Development and Economic Growth (June 16,
2009).
\6\ Jan Gehl, Cities for People 105 (2010).
\7\ Statement of Ray LaHood, Secretary of Transportation, before
the Committee on Banking, Housing, and Urban Affairs, U.S. Senate
Hearing on Greener Communities, Greater Opportunities: New Ideas for
Sustainable Development and Economic Growth (June 16, 2009).
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III. United States Department of Transportation Policy
On March 15, 2010, the United States Department of Transportation
(DOT or the Department) issued a Policy Statement on Bicycle and
Pedestrian Accommodations.\8\ The statement expressed ``support for * *
* the establishment of well-connected walking and bicycling networks''
and recommended actions to encourage active transportation networks.
According to the Policy Statement, ``walking and bicycling foster
safer, more livable, family-friendly communities; promote physical
activity and health; and reduce vehicle emissions and fuel use.'' The
Department's policy is ``to incorporate safe and convenient walking and
bicycling facilities into transportation projects.''
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\8\ United States Department of Transportation, Policy Statement
on Bicycle and Pedestrian Accommodation Regulations and
Recommendations, March 15, 2010, available at http://www.dot.gov/affairs/2010/bicycle-ped.html.
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IV. Planning Requirements
The joint planning regulations of FTA and the Federal Highway
Administration (FHWA) require States and metropolitan planning
organizations to integrate pedestrian and bicycle facilities into all
transportation plans and improvement programs. Pedestrians and
bicyclists must be provided with a reasonable opportunity to comment on
long-range statewide transportation plans and metropolitan
transportation master plans.\9\
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\9\ Federal Transit Law, Title 49, Chapter 53, United States
Code, encourages states and metropolitan areas to develop innovative
transportation plans and programs which better integrate public
transportation, bicycle facilities, pedestrian walkways, and other
modes of travel into the existing transportation system. To this
end, the statewide transportation plan and the transportation
improvement program developed for each state must ``provide for the
development and integrated management and operation of
transportation systems and facilities (including accessible
pedestrian walkways and bicycle transportation facilities) that will
function as an intermodal transportation system.'' 49 U.S.C.
5304(a)(2). Similarly, the plans and transportation improvement
programs (TIP) of all metropolitan areas must ``provide for the
integrated management and operation of transportation systems and
facilities (including accessible pedestrian walkways and bicycle
transportation facilities).'' 49 U.S.C. 5303(c)(2). Moreover, when
preparing long-range statewide transportation plans and
transportation master plan, each state and metropolitan planning
organization (MPO) must provide a reasonable opportunity to comment
to the ``representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities,'' among others. 49 U.S.C. 5303(i)(5) and
5304(f)(3).
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V. Eligibility of Pedestrian and Bicycle Improvements for FTA Funding
Most grant programs administered by FTA may be used to fund the
design, construction, and maintenance of pedestrian and bicycle
projects that enhance or are related to public transportation
facilities. Improvements made expressly eligible by statute include
capital projects like pedestrian and bicycle access to a public
transportation facility;\10\ and transit enhancements like pedestrian
access, walkways, and bicycle access, including bicycle storage
facilities and equipment for transporting bicycles on public
transportation vehicles.\11\ Additionally, certain funding programs
administered by FHWA, including the Surface Transportation Program
(STP) and the
[[Page 52048]]
Congestion Mitigation and Air Quality (CMAQ) Program, may be used for
public transportation purposes. Once transferred to FTA for a public
transportation purpose, these ``flexible'' funds are administered as
FTA funds and take on all the eligibility and requirements of the FTA
program to which they are transferred, except for the Federal share,
which remains that required under the FHWA program.\12\ The following
is a description of the eligibility requirements for pedestrian and
bicycle improvements under Federal Transit Law.
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\10\ 49 U.S.C. 5302(a)(1)(g).
\11\ 49 U.S.C. 5302(a)(15)(f).
\12\ 49 U.S.C. 5334(i).
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A. Capital Projects
An FTA grantee may use any of the following programs under Title
49, Chapter 53, of the United States Code to fund capital projects for
pedestrian and bicycle access to a public transportation facility:
Section 5307 Urbanized Area Formula Program;
Section 5309 New Starts and Small Starts Major Capital Investment
Programs;
Section 5309 Fixed Guideway Modernization Program;
Section 5309 Bus and Bus Facilities Discretionary Program;
Section 5310 Elderly Individuals and Individuals with Disabilities
Formula Program;
Section 5311 Non-Urbanized Area Formula Program;
Section 5311 Public Transportation on Indian Reservations;
Section 5316 Job Access and Reverse Commute Formula Program;
Section 5317 New Freedom Program; and,
Section 5320 Paul S. Sarbanes Alternative Transportation in Parks
and Public Lands.
Federal Transit Law defines the term ``capital project'' to mean,
among other things, ``a public transportation improvement that enhances
economic development or incorporates private investment, including * *
* pedestrian and bicycle access to a [public] transportation
facility.'' \13\
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\13\ 49 U.S.C. 5302(a)(1)(G).
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This eligibility is not without restrictions.\14\ Pedestrian and
bicycle projects made eligible under the definition of ``capital
project'' must satisfy additional statutory criteria, including
requirements to enhance economic development or incorporate private
investment; to enhance the effectiveness of public transportation
project and relate physically or functionally to that project, or to
establish new or enhanced coordination between public transportation
and other transportation; and to provide a fair share of revenue for
public transportation.\15\
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\14\ Note: The restrictions described in this paragraph do not
apply to projects funded under 49 U.S.C. 5320, Paul S. Sarbanes
Alternative Transportation in Parks and Public Lands. Alternative
transportation expressly includes activities that provide ``a
nonmotorized transportation system (including the provision of
facilities for pedestrians, bicycles, and nonmotorized
watercraft).''
\15\ For more information, see FTA's February 7, 2007 guidance
on the Eligibility of Joint Development Projects under Federal
Transit Law at 72 FR 5788.
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B. Transit Enhancement Activities
One percent of FTA's Urbanized Area Formula program funds
apportioned to urbanized areas with populations of at least 200,000 are
set aside for transit enhancements. Eligible transit enhancement
projects include pedestrian access and walkways, bicycle access,
bicycle storage facilities, and installing equipment for transporting
bicycles on public transportation vehicles.\16\ As an added incentive,
the Federal share of transit enhancement grants covers 90 percent of
the cost of the project.\17\ If the project involves providing bicycle
access to public transportation, the grant or portion of that grant may
be at a Federal share of 95 percent.\18\
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\16\ 49 U.S.C. 5302(a)(15).
\17\ 49 U.S.C. 5319.
\18\ 49 U.S.C. 5319.
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VI. Response to Public Comments
FTA received approximately 159 comments on its Proposed Policy
Statement on the Eligibility of Pedestrian and Bicycle Improvements
under Federal Transit Law. Of those 159 comments, 46 comments were
filed after the January 12, 2010 deadline. Only three of those comments
were filed after January 15, 2010, with the final comment being filed
on March 9, 2010. FTA has considered all comments submitted to the
docket on or before June 1, 2011.
The commenters represent a broad spectrum of stakeholders
throughout the United States, including the New York Metropolitan
Transportation Authority, the Washington Metropolitan Area Transit
Authority, the Seattle Department of Transportation, the City of
Dallas, the Metropolitan Planning Council of Chicago, the Tri-County
Metropolitan Transportation District of Oregon, the Center for Transit-
Oriented Development, the American Public Transportation Association,
the United States Environmental Protection Agency, the Association of
Pedestrian and Bicycle Professionals, Smart Growth America, the
National Complete Streets Coalition, and the Bicycle Transportation
Alliance. Numerous other State governments, local governments,
metropolitan planning organizations, trade associations, and
individuals commented on the Proposed Policy Statement.
In this section, FTA responds to public comments in the following
topical order: (A) General Comments; (B) The Pedestrian Catchment Area;
(C) The Bicycle Catchment Area; (D) Funding Issues; (E) FTA's Capital
Investment Grants Program; (F) Access to Public Transportation for
Individuals With Disabilities; (G) Eligible Activities; (H) Bicycle
Sharing Programs; (I) Planning Issues; (J) Safety Concerns; (K) Bicycle
Improvements in Rural Areas; (L) Research Issues; (M) Public Health
Issues; (N) Carpooling and Ridesharing Initiatives; (O) The HUD-DOT-EPA
Partnership for Sustainable Communities; (P) Park-and-Ride Lots; (Q)
Continuing Control Issues; and, (R) Miscellaneous Comments. Several
commenters raised issues that are outside the scope of FTA's Proposed
Policy Statement, and FTA does not address those concerns in this Final
Policy Statement.
A. General Comments
The majority of commenters expressed overwhelming support for FTA's
Proposed Policy Statement. Many commenters generally indicated that,
through the Proposed Policy Statement, FTA was taking a positive step
towards fostering the development and the sustainability of livable
communities.
FTA Response: FTA appreciates the support for the Proposed Policy
Statement. As discussed above, by considering pedestrian improvements
located within one-half mile and bicycle improvements located within
three miles of a public transportation stop or station to have a de
facto physical and functional relationship to public transportation,
individuals will benefit from improved traffic flow, shorter trip
lengths, safer streets for pedestrians and cyclists, lower greenhouse
gas emissions, reduced dependence on fossil fuels, increased trip-
chaining, increased overall health, and independence for individuals
who prefer not to or are unable to drive. Additionally, pedestrian and
bicycle improvements benefit local economies by increasing activity
that supports street-level retail.
B. The Pedestrian Catchment Area
The majority of commenters supported FTA's proposal to create a de
facto public transportation stop or
[[Page 52049]]
station radius of one-half mile for purposes of determining whether a
pedestrian improvement has a physical or functional relationship to
public transportation. Additionally, the majority of commenters
supported FTA's proposal to make pedestrian improvements beyond this
threshold eligible for FTA funding if the improvement is within the
distance that people could be expected to safely and conveniently walk
to use the particular stop or station.
Some commenters suggested that FTA should expand the pedestrian
catchment radius to encompass more than one-half mile. Some commenters
suggested that FTA use a one mile pedestrian catchment area or a two
mile pedestrian catchment area. To support the expansion of the
pedestrian catchment area, the majority of these commenters made
general statements that some studies indicate pedestrians travel at
speeds of three miles per hour, and consequently, pedestrians can cover
more distance than one-half mile during a fifteen minute walk. Some
commenters also made general statements that some studies indicate the
majority of pedestrians are willing to walk more than one-half mile to
reach a public transportation stop or station.
Some commenters expressed concerns with FTA's proposed use of a de
facto ``radial distance'' from a public transportation stop or station
to measure whether a pedestrian improvement has a physical or
functional relationship to the stop or station. These commenters
suggested that FTA use a ``street network radius'' whereby FTA would
measure one-half mile of actual street walking, while considering
factors such as density, weather patterns, and physical obstructions
surrounding stops and stations, to determine the eligibility of a
pedestrian improvement. These commenters asserted that the
determination of whether a physical or functional relationship exists
varies greatly under the widely divergent circumstances of a local
transportation system, and that the relationship should not be mileage-
based, but rather, it should be based on a case-by-case analysis.
FTA Response: FTA appreciates the support for the creation of the
de facto one-half mile pedestrian catchment area and for its proposal
to make pedestrian improvements beyond the one-half mile threshold
eligible for FTA funding if the improvement is within the distance that
people could be expected to safely and conveniently walk to use the
particular stop or station.
For purposes of the Final Policy Statement, FTA believes that a
conservative, one-half mile de facto catchment area is appropriate. As
discussed above, recent research indicates that: (1) Pedestrians walk
at a pace of approximately two miles per hour, and (2) pedestrians
generally are willing to walk approximately fifteen minutes to reach a
public transportation stop or station.\19\ Accordingly, pedestrians
generally are able to walk a distance of approximately one-half mile
during a fifteen minute walk at a two mile per hour pace. Based on this
information, FTA hereby establishes a one-half mile de facto pedestrian
catchment area. This de facto catchment area will simplify the process
of determining whether a pedestrian improvement is eligible for FTA
funding. Moreover, FTA will measure one-half mile using a ``radial
distance'' because the radial method further simplifies these
determinations.
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\19\ Schlossberg, M. et al., How Far, By Which Route, and Why? A
Spatial Analysis of Pedestrian Reference, Mineta Transportation
Institute, June 2007. See L.M. Besser and A.L. Dannenberg, Walking
to Public Transit: Steps to Help Meet Physical Activity
Recommendations, Am. J. Prev. Med., November 2005, at 273.
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FTA notes that the majority of the commenters who proposed a
catchment area beyond one-half mile did not offer citations to specific
studies which lend support to their proposals. Notwithstanding this
fact, FTA acknowledges that, in some localities, pedestrians are
willing to spend up to thirty minutes walking to a public
transportation stop or station.\20\ FTA supports investments in
pedestrian projects beyond the de facto catchment area. Therefore, FTA
hereby makes eligible for funding pedestrian improvements beyond the
one-half mile catchment area if the improvement is within the distance
that people could be expected to safely and conveniently walk to use
the particular stop or station. This policy will allow investments in
pedestrian improvements well beyond the one-half mile catchment area,
and it will account for the variety of factors in any given locality
that may impact an individual's ability to reach a public
transportation stop or station by walking.
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\20\ See L.M. Besser and A.L. Dannenberg, Walking to Public
Transit: Steps to Help Meet Physical Activity Recommendations, Am.
J. Prev. Med., November 2005, at 273.
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C. The Bicycle Catchment Area
The majority of commenters supported FTA's proposal to create a de
facto public transportation stop or station radius of three miles for
purposes of determining whether a bicycle improvement has a physical or
functional relationship to public transportation. Additionally, the
majority of commenters supported FTA's proposal to make bicycle
improvements beyond this threshold eligible for FTA funding if the
improvement is within the distance that people could be expected to
safely and conveniently bike to use the particular stop or station.
Some commenters suggested that FTA should expand the bicycle
catchment radius to encompass more than three miles. Some commenters
suggested that FTA use a four mile, a five mile, or a six mile bicycle
catchment area. The majority of these commenters did not offer a
rationale for these suggestions. However, some commenters referred to
various studies which indicate that bicyclists travel at average speeds
of twelve to fifteen miles per hour, and they therefore can cover more
distance than three miles during a fifteen minute bicycle ride.
Some commenters expressed concerns with FTA's proposed use of a de
facto radial distance from a public transportation stop or station to
measure whether a bicycle improvement has a physical or functional
relationship to the stop or station. These commenters suggested that
FTA use a ``street network radius'' whereby FTA would measure three
miles of actual bicycling while considering factors such as density,
weather patterns, and physical obstructions surrounding stops and
stations, to determine the eligibility of a bicycle improvement. These
commenters asserted that the determination of whether a physical or
functional relationship exists varies greatly under the widely
divergent circumstances of a local transportation system, and that the
relationship should not be mileage-based, but rather, it should be
based on a case-by-case analysis.
Finally, some commenters suggested, without rationale, that FTA
should limit bicycle improvements only to areas where transit-oriented
development is likely.
FTA Response: FTA appreciates the support for the creation of the
de facto three mile bicycle catchment area. FTA also appreciates the
support for its proposal to make bicycle improvements beyond the three
mile threshold eligible for FTA funding if the improvement is within
the distance that people could be expected to safely and conveniently
bike to use the particular stop or station.
For purposes of the Final Policy Statement, FTA believes that a
conservative, three mile de facto catchment area is appropriate. As
discussed above, recent research indicates that: (1) Bicyclists can
ride at
[[Page 52050]]
a pace of approximately ten miles per hour in almost any environment,
and (2) bicyclists generally are willing to bike at least fifteen
minutes to reach a public transportation stop or station.\21\
Accordingly, bicyclists can cover at least three miles during a fifteen
minute bicycle ride at a pace of ten miles per hour. Consequently, FTA
hereby establishes a three mile de facto bicycle catchment area. This
de facto catchment area will simplify the process of determining
whether a bicycle improvement is eligible for FTA funding. Moreover,
FTA will measure three miles using a ``radial distance'' because the
radial method further simplifies these determinations and avoids the
complex decision-making that a ``street network radius'' would foster.
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\21\ League of American Bicyclists. Retrieved From: http://www.bikeleague.org/resources/better/commuters.php. See Kevin J.
Krizek, Ann Forsyth and Laura Baum, Walking and Cycling
International Literature Review, Victoria Department of Transport,
2009, at 18.
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FTA acknowledges that, in some circumstances, bicyclists travel at
higher speeds may be willing to spend more than fifteen minutes biking
to a public transportation stop or station. FTA supports investments in
bicycle projects beyond the de facto catchment area. Therefore, FTA
hereby makes eligible for funding bicycle improvements beyond the three
mile catchment area if the improvement is within the distance that
people could be expected to safely and conveniently bike to use the
particular stop or station. This policy will allow investments in
bicycle improvements well beyond the three mile catchment area, and it
will account for the variety of factors in any given locality that may
impact an individual's ability to reach a public transportation stop or
station by biking.
D. Funding Issues
In light of FTA's Proposed Policy Statement, numerous commenters
expressed a need for additional Federal funding for pedestrian and
bicycle improvements. Some commenters expressed a need for increased
Federal funding for (1) capital projects, (2) the Surface
Transportation Program, and (3) the CMAQ Program. These commenters
asserted that, through the increased funding, local communities could
implement livability initiatives, create jobs, and maintain pedestrian
and bicycle projects in a state of good repair.
Some commenters suggested that Congress should establish a
dedicated funding source for pedestrian and bicycle projects, such as a
formula funding program. These commenters asserted that, through a
formula funding program, recipients of Federal transportation funds
would not have to weigh the needs of competing projects when making
local planning decisions. Other commenters suggested that Congress
should provide a short-term operating subsidy to FTA's grantees to
support pedestrian and bicycle projects.
Some commenters suggested various methods of raising revenues to
support increased funding in pedestrian and bicycle projects. Some
commenters suggested that Congress should raise the Federal gas tax to
raise revenues. Other commenters suggested that the Department should
encourage road pricing throughout the United States so that local
governments could finance pedestrian and bicycle improvements.
FTA Response: FTA supports additional funding for pedestrian and
bicycle improvements. Indeed, recent research indicates a significant
disparity between the percentage of pedestrian and bicycle trips in the
United States and the amount of Federal transportation funding for
those trips. Approximately 10 percent of all trips are by foot or by
bicycle nationwide, however, these modes receive only 1 percent of the
total amount of transportation funding at the Federal level.\22\ To
remedy this disparity, FTA supports the expansion of funding sources,
such as the Surface Transportation Program and the CMAQ Program. FTA
agrees that, through an increase in Federal funding, local communities
could implement livability initiatives, create jobs, and maintain
pedestrian and bicycle projects in a state of good repair.
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\22\ Alliance for Biking and Walking, Bicycling and Walking in
the United States: 2010 Benchmarking Report, 2010, at 16, 78.
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FTA notes that a purpose of this Final Policy Statement is to
provide flexibility to recipients of Federal funds so that they can use
those funds when alternative funding sources are insufficient to
support pedestrian and bicycle projects. These planning and funding
decisions take place at the local level, and the burden is on transit
agencies and project sponsors to coordinate and identify funding
priorities.
Finally, in response to comments that Congress should raise the
Federal gas tax or that the Department should encourage road pricing to
support funding for pedestrian and bicycle improvements, FTA notes that
Congress is in the process of developing a surface transportation
reauthorization bill. That bill will establish surface transportation
priorities and funding sources to support those priorities. FTA is
currently working with Congress in an effort to develop these
priorities and identify potential funding sources for the next
reauthorization legislation.
E. FTA's Capital Investment Grants Program
Many commenters identified potential issues with the Proposed
Policy Statement as it relates to FTA's Capital Investment Grants
Program at 49 U.S.C. 5309, commonly referred to as FTA's ``New Starts''
Program. These commenters expressed concerns with FTA's method of
calculating the cost-effectiveness of a New Starts project. These
commenters asserted that an investment in a pedestrian or bicycle
component of a New Starts project would increase capital costs and
thereby potentially decrease the project's cost-effectiveness. These
commenters suggested that FTA re-evaluate its method for calculating
cost-effectiveness so that project sponsors may capture the benefits of
a pedestrian or bicycle project--such as decreased carbon emissions--
and account for the return that applicants would receive on their
investment.
FTA Response: FTA appreciates the comments that it received on the
relationship between the Proposed Policy Statement and the New Starts
program. FTA acknowledges that major capital projects, such as those
funded by the New Starts program, benefit from pedestrian and bicycle
improvements and that, historically, these improvements may have
adversely affected the ability for a project to remain cost effective.
For this reason and others, FTA has revisited its New Starts
evaluation criteria. On June 3, 2010, FTA issued an Advanced Notice of
Proposed Rulemaking which sought public comments regarding its New
Starts and Small Starts project justification criteria.\23\ In
particular, FTA sought public input on how to improve its calculation
of ``cost effectiveness'' and whether FTA should measure quantifiable
benefits other than reduced travel time. Additionally, FTA sought
public comments on how it should evaluate environmental benefits and
economic development effects. FTA intends to issue a Notice of Proposed
Rulemaking on this subject in the near future.
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\23\ Federal Transit Administration, Advance Notice of Proposed
Rulemaking, Request for Comments on Major Capital Investment
Projects, 75 FR 31383 (June 3, 2010).
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[[Page 52051]]
F. Access to Public Transportation for Individuals With Disabilities
Many commenters expressed support for FTA's Proposed Policy
Statement because they believed that, through pedestrian and bicycle
improvements, individuals with disabilities will have better access to
public transportation stops and stations. These commenters believed
that the Proposed Policy Statement is an excellent ``complete streets''
initiative.
Some commenters believed one of the benefits of the Proposed Policy
Statement is that, with increased pedestrian and bicycle improvements,
there will be a decreased need for paratransit service because public
transportation stops and stations will become more accessible. They
also noted that pedestrian and bicycle improvements are significantly
less costly than paratransit service.
Several commenters questioned whether the Proposed Policy Statement
would impact any interpretation of the Americans with Disabilities Act.
FTA Response: FTA appreciates the comments that it received
regarding the relationship between this Final Policy Statement and
access to public transportation for individuals with disabilities. FTA
agrees that, through pedestrian and bicycle improvements, individuals
with disabilities will have better access to public transportation
stops and stations. One of the purposes of this Final Policy Statement
is to make fixed-route public transportation available and accessible
to the largest number of individuals possible. Indeed, pedestrian and
bicycle improvements will improve access to public transportation for
all users, including individuals with disabilities.
FTA notes that this Final Policy Statement will not impact any
interpretation of the Americans with Disabilities Act.
G. Eligible Activities
Several commenters expressed support for FTA's Proposed Policy
Statement because, through the Policy Statement, FTA makes ``all''
pedestrian and bicycle improvements within the one-half mile radius and
three mile radius eligible for Federal funding. Other commenters
requested that FTA define the pedestrian and bicycle improvements that
would be eligible for Federal funding under the Proposed Policy
Statement. These commenters suggested that eligible activities should
include bicycle parking and bicycle stations with storage rooms,
bicycle lockers, changing rooms, and space for bicycle repair and
rental shops.
FTA Response: FTA appreciates the comments that it received
regarding eligible activities. Indeed, as discussed in detail above and
as indicated in the Final Policy below, ``[A]ll pedestrian improvements
located within one-half mile and all bicycle improvements located
within three miles of a public transportation stop or station shall
have a de facto physical and functional relationship to public
transportation.''
More specifically, as discussed above, most grant programs
administered by FTA may be used to fund the design, construction, and
maintenance of pedestrian and bicycle projects that enhance or are
related to public transportation facilities. Improvements made
expressly eligible by statute include capital projects such as
pedestrian and bicycle access to a public transportation facility,\24\
and transit enhancements such as pedestrian access, walkways, and
bicycle access, including bicycle storage facilities and equipment for
transporting bicycles on public transportation vehicles.\25\
Additionally, certain funding programs administered by FHWA, including
the Surface Transportation Program and the CMAQ Program, may be used
for public transportation purposes. Once transferred to FTA for a
public transportation purpose, these ``flexible'' funds are
administered as FTA funds and take on all the eligibility and
requirements of the FTA program to which they are transferred, except
for the Federal share, which remains that required under the FHWA
program.
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\24\ 49 U.S.C. 5302(a)(1)(g).
\25\ 49 U.S.C. 5302(a)(15)(f).
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FTA grantees may use any of the following programs to fund capital
projects for pedestrian and bicycle access to a public transportation
facility:
Section 5307 Urbanized Area Formula Program;
Section 5309 New Starts and Small Starts Major Capital Investment
Programs;
Section 5309 Fixed Guideway Modernization Program;
Section 5309 Bus and Bus Facilities Discretionary Program;
Section 5310 Elderly Individuals and Individuals with Disabilities
Formula Program;
Section 5311 Non-Urbanized Area Formula Program;
Section 5311 Public Transportation on Indian Reservations;
Section 5316 Job Access and Reverse Commute Formula Program;
Section 5317 New Freedom Program; and
Section 5320 Paul S. Sarbanes Alternative Transportation in Parks
and Public Lands.
Pursuant to 49 U.S.C. 5302(a)(1)(G), the term ``capital project''
means, among other things, ``a public transportation improvement that
enhances economic development or incorporates private investment,
including * * * pedestrian and bicycle access to a [public]
transportation facility.'' This eligibility is not without
restrictions. Pedestrian and bicycle projects made eligible under the
definition of ``capital project'' must satisfy additional statutory
criteria, including requirements to enhance economic development or
incorporate private investment; to enhance the effectiveness of public
transportation project and relate physically or functionally to that
project, or to establish new or enhanced coordination between public
transportation and other transportation; and to provide a fair share of
revenue for public transportation.
Finally, one percent of Urbanized Area Formula program funds
apportioned to urbanized areas with populations of at least 200,000 are
set aside for transit enhancements. Eligible transit enhancement
projects include pedestrian access and walkways, and bicycle access,
including bicycle storage facilities and installing equipment for
transporting bicycles on public transportation vehicles. As an added
incentive, the Federal share of transit enhancement grants covers 90
percent of the cost of the project. If the project involves providing
bicycle access to public transportation, the grant or portion of that
grant may be at a Federal share of 95 percent.
H. Bicycle Sharing Programs
Several commenters expressed a hope that FTA would eventually
expand funding eligibility to include bicycle sharing initiatives.
These commenters believed that bicycle sharing systems assist commuters
with the ``first and last mile'' problem by linking them to public
transportation during the beginning and ending of their commutes.
FTA Response: FTA agrees that bicycle sharing systems provide
meaningful access to public transportation and help address the problem
of the ``first and last mile.'' Moreover, bicycle sharing programs,
like all forms of active transportation, provide numerous benefits,
such as reduced carbon emissions and improved public health.
Federal Transit Law limits the use of FTA funds for ``public
transportation.'' Historically, FTA has not included ``bicycle'' within
the definition of
[[Page 52052]]
``public transportation.'' Therefore, while a grantee may use FTA funds
to purchase aspects of a bicycle sharing system if those aspects are
located near public transportation stops and stations, an FTA grantee
may not use FTA funds to purchase bicycles, regardless of whether those
bicycles comply with Federal Buy America requirements.
I. Planning Issues
Several commenters highlighted the need for transit agencies to
work collaboratively with local stakeholders when planning pedestrian
and bicycle improvements.
FTA Response: FTA and FHWA require coordinated planning efforts and
public involvement for project development.\26\ FTA requires grantees
to work collaboratively with local stakeholders when planning
pedestrian and bicycle improvements.
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\26\ 23 CFR 450.210, 771.111 (2010).
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J. Safety Concerns
Several commenters expressed a general concern that pedestrians and
bicyclists should be safe during their commutes.
FTA Response: FTA agrees that pedestrians and bicyclists should be
safe during their commutes, and FTA expects its grantees to consider
the safety of pedestrians and bicyclists at all times. This Final
Policy Statement, however, is limited to identifying the eligibility of
capital projects and transit enhancements.
K. Bicycle Improvements in Rural Areas
One commenter hoped that the Proposed Policy Statement will foster
the development of bicycle lanes in rural areas so that commuters have
better access to public transportation.
FTA Response: FTA promotes the use of public transportation in both
urban and rural areas. Consequently, through this Final Policy
Statement, FTA hopes to encourage the development of bicycle lanes in
rural areas.
L. Research Issues
One commenter suggested that FTA compile and present a series of
``best practices'' for grantees that intend to develop and implement
pedestrian and bicycle projects.
FTA Response: FTA is exploring research programs that will support
the objectives of this Final Policy Statement. FTA looks forward to
working with stakeholders and industry partners to collect information
regarding pedestrian and bicycle connections to public transportation
systems.
M. Public Health Issues
One commenter highlighted potential public health benefits
associated with the pedestrian and bicycle catchment areas. This
commenter suggested that FTA should require consideration of health
benefits when determining catchment areas.
FTA Response: FTA appreciates comments regarding the public health
benefits related to pedestrian and bicycle improvements. Indeed, there
are numerous public health benefits associated with walking and biking,
such as a decreased risk of obesity, diabetes, heart disease, and high
blood pressure, and reduced overall depression and anxiety.\27\ The
Centers for Disease Control and Prevention have noted that, to increase
overall public health, communities should ``[b]uild good pedestrian and
bicycle infrastructure, including sidewalks and bike paths.'' \28\
Additionally, by walking or biking to or from public transportation,
individuals reduce overall carbon emissions.
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\27\ National Center for Bicycling and Walking, Increasing
Physical Activity Through Community Design, June 2010; Smart Growth
for America, Measuring the Health Effects of Sprawl, September 2003;
\28\ Centers for Disease Control and Prevention, Healthy
Community Design Fact Sheet, June 2008.
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N. Carpooling and Ridesharing Initiatives
One commenter urged FTA to consider expanding the scope of eligible
activities to include carpooling and ridesharing initiatives.
FTA Response: FTA recognizes that carpooling and ridesharing
initiatives provide a viable solution to many transportation
challenges. Although FTA encourages carpooling or ridesharing, this
Final Policy Statement focuses on providing pedestrians and bicyclists
with greater access to public transportation.
O. The HUD-DOT-EPA Partnership for Sustainable Communities
One commenter suggested that the United States Department of
Housing and Urban Development (HUD), the United States Environmental
Protection Agency (EPA), and FHWA should make funds available for
pedestrian and bicycle improvements.
FTA Response: DOT and FTA are strongly committed to the HUD-DOT-EPA
Partnership for Sustainable Communities. Together, these agencies are
working to promote livable communities.
P. Park-and-Ride Lots
Several commenters expressed a preference for investments in
pedestrian and bicycle improvements over investments in park-and-ride
lots. These commenters believed that investments in pedestrian and
bicycle projects are more effective tools of promoting livability.
FTA Response: FTA agrees with these comments. Pedestrian and
bicycle projects have many advantages over park-and-ride lots. Unlike
motor vehicles, pedestrian and bicycle improvements allow individuals
to access public transportation without the costs and negative health
effects of motor vehicle travel.
Q. Continuing Control Issues
Several commenters expressed concerns with potential continuing
control issues. By expanding pedestrian and bicycle catchment areas,
project sponsors may create access routes on property that is outside
the control of the transit agency. One commenter suggested that, in
these scenarios, FTA should require the transit agency to execute a
subgrantee agreement with the locality to address potential continuing
control issues.
FTA Response: FTA agrees that continuing control issues may arise
through the expansion of pedestrian and bicycle catchment areas. For
example, a grantee may expand pedestrian and bicycle catchment areas on
real estate that is under the control of a locality.
Pursuant to Section 19 of FTA's Master Agreement, a grantee
``agrees to maintain continuing control of the use of Project property
to the extent satisfactory to FTA.'' FTA believes that, in scenarios
such as the one described above, a subgrantee agreement may be
necessary to ensure the grantee has a degree of continuing control over
real estate that is subject to an FTA investment.
R. Miscellaneous Comments
Two commenters noted a spelling error in the following sentence in
the Preamble of the Proposed Policy Statement: ``Walking, bicycling,
and public transportation are complimentary.'' \29\ These commenters
noted that the word ``complimentary'' should be spelled
``complementary.''
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\29\ Federal Transit Administration, Proposed Policy Statement
on the Eligibility of Pedestrian and Bicycle Improvements under
Federal Transit Law, 74 FR 58679 (Nov. 13, 2009).
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FTA Response: FTA thanks these commenters for noting the spelling
and grammatical error. FTA has changed the word ``complimentary'' to
[[Page 52053]]
``complementary'' in the Preamble of this Final Policy Statement.
One commenter suggested that FTA should require recipients of
Federal funds for pedestrian and bicycle improvements to certify that
the projects will increase public transportation ridership as a result
of the Federal investments.
FTA Response: The purpose of this Policy Statement is to improve
access to public transportation stops and stations by simplifying the
process for determining whether the improvements have a physical or
functional relationship to public transportation. FTA grantees will not
need to certify ridership figures for projects within the one-half mile
walk shed and three mile bike shed set forth in this Policy Statement.
Research indicates that improved access to a stop or station typically
results in higher ridership. For improvements beyond these distances, a
study indicating the likelihood of increased ridership would be a valid
justification for the improvement.
VII. Statement of Policy
A. Background
In accordance with the goals, principles, and legal authority
outlined in this notice, FTA encourages the use of its funds for
pedestrian and bicycle amenities that expand the catchment area and
utility of public transportation stops and stations. Therefore, FTA
hereby establishes threshold catchment areas of one-half mile for
pedestrian improvements and three miles for bicycle improvements near
public transportation stops and stations.
A key requirement for determining the eligibility of a pedestrian
or bicycle improvement is whether it has a functional relationship to a
public transportation facility. FTA grantees can benefit from FTA
determining the typical distances pedestrians and bicyclists can be
expected to travel to access a public transportation stop or station.
The purpose of this Policy Statement is to propose a radius around a
public transportation stop or station within which FTA will consider
pedestrian and bicycle improvements to have a de facto functional
relationship to public transportation.
FTA's existing guidance on the eligibility of joint development
improvements serves as the foundation for this proposed policy.
According to that guidance, ``the functional relationship test of
activity and use permits the use of FTA funds for joint development
improvements [including pedestrian and bicycle improvements] located
outside the structural envelope of a public transportation project, and
may extend across an intervening street, major thoroughfare or
unrelated property, [but] should not extend beyond the distance most
people can be expected to safely and conveniently walk to use the
transit service.'' \30\
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\30\ FTA guidance on the Eligibility of Joint Development
Improvements under Federal Transit Law, 72 FR 5790 (Feb. 7, 2007).
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Relying on this guidance, in most circumstances FTA has considered
pedestrian improvements within approximately 1,500 feet of a public
transportation stop or station to be functionally related. Improvements
beyond a 1,500 foot radius were considered functionally related to
public transportation only if they satisfied a test of activity and
use.
The distance stated in FTA's existing guidance is too short.
``While distance is very important for pedestrians, on average they
will walk further than the anecdotal rule of thumb of 400 meters used
in many planning applications.'' \31\ Research indicates that
pedestrians are willing to walk at least one-half mile to train
stations or other forms of reliable public transportation when the
environment surrounding the station is safe and well-designed.\32\ A
pedestrian may travel a distance of one-half mile during fifteen
minutes at a pace of two miles per hour. A one-half mile catchment area
is a conservative estimate of the distance a pedestrian is willing to
travel to a public transportation stop or station. FTA has reason to
believe that pedestrians are willing to spend more than fifteen minutes
walking to public transportation stops and stations: A study published
in the American Journal of Preventative Medicine concluded that
Americans who use public transportation spend a median of nineteen
minutes daily walking to and from public transportation; and people in
high-density urban areas were more likely to spend approximately thirty
minutes walking to and from public transportation daily.\33\
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\31\ Kevin J. Krizek, Ann Forsyth and Laura Baum, Walking and
Cycling International Literature Review, Victoria Department of
Transport, 2009, at 29.
\32\ Schlossberg, M. et al. How Far, By Which Route, and Why? A
Spatial Analysis of Pedestrian Reference, Mineta Transportation
Institute, June 2007.
\33\ L.M. Besser and A.L. Dannenberg, Walking to Public Transit:
Steps to Help Meet Physical Activity Recommendations, Am. J. Prev.
Med., November 2005, at 273.
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Applying the same timeframes to bicyclists yields at least a three
mile catchment area. Bicycle paths may extend further than pedestrian
walkways and still be functionally related to public transportation
because ``bicyclists are willing to travel much longer distances than
pedestrians, largely due to higher average speeds attainable by
bicycle.'' \34\ Inasmuch as the average bicycle commuter travels at ten
miles per hour,\35\ FTA proposes a bicycle catchment area of three
miles from public transportation stops and stations. The three mile
catchment area equals the distance the average bicyclist could travel
in fifteen minutes time.
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\34\ Kevin J. Krizek, Ann Forsyth and Laura Baum, Walking and
Cycling International Literature Review, Victoria Department of
Transport, 2009, at 18.
\35\ League of American Bicyclists. Retrieved From: http://www.bikeleague.org/resources/better/commuters.php.
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B. Final Policy
For purposes of determining whether a pedestrian or bicycle
improvement has a physical or functional relationship to public
transportation, regardless of whether it is funded as a capital project
or public transportation enhancement, all pedestrian improvements
located within one-half mile and all bicycle improvements located
within three miles of a public transportation stop or station shall
have a de facto physical and functional relationship to public
transportation. Pedestrian and bicycle improvements beyond these
threshold distances may be eligible for FTA funding if the improvement
is within the distance that people could be expected to safely and
conveniently walk or bicycle to use that particular transit stop or
station.
Issued this 15th day of August, 2011.
Peter M. Rogoff,
Administrator, Federal Transit Administration.
[FR Doc. 2011-21273 Filed 8-18-11; 8:45 am]
BILLING CODE 4910-57-P