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Report on DOT Significant Rulemakings

Table of Contents

Federal Transit Administration

45. Major Capital Investment Projects - New/Small Starts

46. Protection of Parks, Wildlife and Waterfowl Refuges, and Historical Sites

47. Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates

48. Contractor Performance Assessment for Capital Investment Program



Federal Transit Administration
Federal Transit Administration
45. 
Major Capital Investment Projects - New/Small Starts Black
Popular Title: New/Small Starts
RIN 2132-AA81
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 01/30/2006; End of Comment Period 03/10/2006. NPRM: Publication Date 08/03/2007; End of Comment Period 11/01/2007.
Abstract: This rulemaking would establish a simplified evaulation process for projects seeking less than $75 million in New Starts funds. The rule will set out FTA´s evaluation and rating process for proposed projects based on the results of project justification and local financial commitment. This action is mandated by SAFETEA-LU. A final rule had been scheduled for July 3, 2008. FTA is making a determination of what their next action will be because the 2008 Appropriations Act prohibits a Final Rule.
Effects:
  Economically Significant
Major
Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  Final rule by : 04/07/2006
Rulemaking Project Initiated: 08/10/2005
Docket Number: FTA-2006-25737
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Federal Transit Administration
46. 
Protection of Parks, Wildlife and Waterfowl Refuges, and Historical Sites Red
Popular Title: 4(f) Parks
RIN 2132-AA83
Stage: Final Rule
Previous Stage: NPRM: Publication Date 7/27/2006; End of Comment Period 9/25/2006.
Abstract: This FTA/FHWA joint rulemaking would clarify the factors to be considered and the standards to be applied in determining the prudence and feasability of alternatives under section 4(f) (138 of title 23, U.S. Code, and section 303 of title 49, U.S. Code). Section 4(f) properties include certain parks, recreation areas, wildlife and waterfowl refuges, and historic sites described in section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670). Section 4(f) generally prohibits the use of such properties for transportation projects unless the Secretary of Transportation finds there is no feasible and prudent alternative and all possible planning to minimize the harm is undertaken.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule by : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Docket Number: FHWA-2005-22884
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/03/2007  08/31/2007  08/31/2007 
To OMB 05/31/2007  11/15/2007  11/08/2007 
OMB Clearance 08/29/2007  02/08/2008   
Publication Date 09/10/2007  02/19/2008   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Transit Administration
47. 
Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates Black
Popular Title: Bus Testing
RIN 2132-AA95
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would modify the Bus Testing rule to incorporate tests for brake performance and emissions. This rulemaking would also update and clarify the existing regulation found at 49 CFR 665.
Effects:
  None
Prompting action: Statute
Legal Deadline: None
Rulemaking Project Initiated: 07/18/2007
Docket Number: FTA-2007-0011
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Transit Administration
48. 
Contractor Performance Assessment for Capital Investment Program Green
Popular Title: Contractor Performance
RIN 2132-AA96
Stage: NPRM
Previous Stage:None
Abstract: On August 10, 2005, the President signed the Safe, Accountable, Flexible, and Efficient Transportation Equity Act-A Legacy for Users (SAFETEA-LU). Section 3011 of SAFETEA-LU made a number of changes to 49 U.S.C. 5309 ("Section 5309"), which authorizes the Federal Transit Administration´s (FTA´s) capital investment grant program. SAFETEA-LU emphasized the need to improve the accuracy of the estimates of ridership and costs used to support the selection of a major capital investment ("New Start") as a locally preferred alternative (LPA) for Section 5309 funds. Federal transit law supports the use of incentives to encourage the development of more reliable cost and ridership estimates for New Starts funded under Section 5309. A number of provisions in Section 5309 recognize that contractors to grant recipients play an important role in increasing the reliability of forecasting methods to estimate costs and utilization of New Starts projects. This rulemaking would establish a new part 612 in the Code of Federal Regulations. It would encourage accurate cost and ridership estimates through the award of additional New Starts funds to project sponsors, which they can choose to pass along to their contractors. FTA is considering the effect of recently-enacted statutory language concerning the issuance of final rules under 49 U.S.C. 5309 on this rulemaking.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 07/17/2007
Docket Number: FTA-2008-0005
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/01/2008  10/04/2007  09/18/2007 
To OMB 04/10/2008  11/01/2007  11/06/2007 
OMB Clearance 07/10/2008  02/01/2008  02/06/2008 
Publication Date 07/20/2008  02/15/2008   
End of Comment Period 09/20/2008  04/15/2008   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None