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Notice of Availability: Joint Development Circular C 7050.1C and Response to Comments Publication: Federal Register Agency: Federal Transit Administration Byline: Nuria I. Fernandez Date: 31 January 2024 Subjects: American Government  , Buses
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[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: stacy.weisfeld@dot.gov.
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