[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14620-14622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05226]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2013-0013]
Joint Development: Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Proposed Circular and Request for
Comments
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its web site proposed guidance, in the form of a
circular, on joint development. This circular provides guidance to
recipients of Federal Transit Administration (FTA) financial assistance
on how to use FTA funds or FTA-funded real property for joint
development. This circular: (1) Defines the term ``joint development'';
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(2) explains how to determine which joint development activities are
eligible for FTA funding; (3) describes the legal requirements
applicable to the acquisition, use, and disposition of FTA-funded real
property; and (4) outlines the most common crosscutting requirements.
This circular incorporates provisions of the Moving Ahead for Progress
in the 21st Century Act (MAP-21), Public Law 112-141 (2012), advances
the goals of 49 U.S.C. 5315 by informing FTA recipients of
opportunities for private sector participation in public transportation
projects, and includes the most current guidance for the federal public
transportation program. By this notice, FTA invites public comment on
this proposed circular.
DATES: Comments must be submitted by April 5, 2013. Late-filed comments
will be considered to the extent practicable.
ADDRESSES: You may submit comments to DOT Docket ID Number FTA-2013-
0013 by any of the following methods:
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-2013-0013) for this notice at
the beginning of your comments. You should submit two copies of your
comments if you submit them by mail. If you wish to receive
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be
posted without change to http://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
http://www.regulations.gov at any time or to the U.S. Department of
Transportation, 1200 New Jersey Ave. 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., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For legal questions, Jayme L.
Blakesley, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room
E56-316, phone: (202) 366-0304, or email, [email protected]; For
program questions, Sharon Pugh, Office of Budget and Policy, Federal
Transit Administration, 1200 New Jersey Ave. SE., Room E52-322,
Washington, DC 20590, phone: (202) 366-0713, or email,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
It is FTA's policy to maximize the utility of FTA-funded projects
and to encourage transit agencies to generate program income through
joint development. The benefits of joint development include revenue
generation for the transit system through ``value capture'' mechanisms,
such as income derived from rental or lease payments, and private
sector contributions to public infrastructure. Other benefits include
shared costs, efficient land use, reduced distance between
transportation and other activities, economic development, increased
transit ridership, and improved transit connectivity.
This proposed circular is intended to guide interested parties
through the FTA program and policy requirements that must be considered
when pursuing a joint development project.
This following is a summary of the proposed circular. The proposed
circular itself is not included in this notice; an electronic version
may be found on FTA's Web site at www.fta.dot.gov or on the Docket at
www.regulations.gov (Docket No. FTA-2013-0013). Paper copies of the
proposed circular may be obtained by contacting FTA's Administrative
Services Help Desk at (202) 366-4865. FTA seeks comment on the proposed
circular.
II. Chapter Summary
A. Chapter I--Introduction and Background
Chapter I is an introductory chapter. It defines terms used
throughout the proposed circular, provides a brief background of FTA's
authorizing legislation, the effect of the circular, and instructions
for how to contact FTA.
B. Chapter II--Circular Overview
Chapter II introduces the substance of the proposed circular. It
describes joint development as a concept and lists several elements of
a joint development capital project, including the funding sources,
project eligibility criteria, crosscutting requirements, and
restrictions on the use of real property acquired with federal
assistance. The real property section includes discussion on the
requirements for real property acquisition, satisfactory continuing
control, incidental use, and disposition.
C. Chapter III--FTA Assistance for Planning and Capital Projects
Chapter III describes the eligibility requirements for an FTA-
funded joint development capital project or planning activity.
FTA planning grants are available to assist states, metropolitan
planning organizations, local governments, and others to plan
transportation projects, including joint developments.
FTA program funds may be used to support capital projects. The
Moving Ahead for Progress in the Twenty First Century Act (MAP-21),
Public Law 112-141, provides the most recent authorization for FTA's
programs. MAP-21 explicitly includes joint development within the
definition of capital project. The proposed circular describes the MAP-
21 provisions on joint development and explains each element of the
statutory eligibility criteria. Chapter III is based on previously
published guidance on the eligibility of joint development activities
for FTA funding. 72 FR 5788 (Feb. 7, 2007).
D. Chapter IV--Real Property Considerations
Chapter IV reviews the requirements applicable to the acquisition,
use, and disposition of real property acquired with FTA funds. Chapter
IV gives special attention to circumstances that are most likely to be
part of a joint development project. For example, Chapter IV discusses
subordination of the federal government's unrecorded interest in real
property, the incidental use of real property for non-transit purposes,
and the maintenance of satisfactory continuing control of real property
in the context of a joint development project.
E. Chapter V--Crosscutting Federal Requirements
Chapter V reviews federal requirements that are not unique to
public transportation projects, but which have application to all
federally assisted projects, including joint development projects
funded by FTA.
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III. Request for Comments and Examples
In addition to general comments about the proposed circular, FTA
invites comments on the following topics specifically:
Currently, the proposed circular does not expressly define the term
``fair share of revenue'' and does not set a monetary threshold for the
same. Instead, FTA proposes to reserve the right to decline funding for
a joint development project if the project does not generate a
meaningful amount of revenue. FTA seeks comment on how it should assess
whether a project generates a ``fair share of revenue,'' including any
measures or criteria FTA should use.
The proposed circular does not yet include a chapter on the process
FTA will follow to review and approve or concur in a joint development
project. Before drafting this chapter, FTA seeks comment from its
stakeholders. After considering comments, FTA intends to include a
chapter on FTA's review process in the final version of the proposed
circular.
FTA requests the submission of examples that illustrate the many
issues that arise in joint development projects.
Issued in Washington, DC, this 27th day of February, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013-05226 Filed 3-5-13; 8:45 am]
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