Rule/Notice/NOFO: Major Capital Investment Projects
Federal Register/Notice: federalregister.gov
Description: This rulemaking revises FTA’s major capital investment projects regulation to remove Appendix A, which provided outdated descriptions of the measures used for the evaluation of Capital Investment Grant (CIG) projects. The regulation contemplates the CIG Policy Guidance, not the Appendix, will serve as the most up-to-date source of information about the evaluation measures by noting that FTA may update the measures in the future through the CIG Policy Guidance (See, e.g.,49 CFR 601.203(a)(2) and 601.205(g)). FTA and project sponsors therefore rely on the CIG Policy Guidance for the definitive description of CIG project evaluation measures. Removing it will conform the regulation to FTA’s current practice and will have no substantive effect on FTA’s evaluation and rating of CIG projects.
This rulemaking also adopts minor conforming changes to the regulation to reflect the removal of Appendix A. The Definitions section has been revised at 49 CFR 611.105 to remove terms. In addition, FTA has removed references to Appendix A from 49 CFR 611.203(a)(2) and 611.303(a)(2). These changes are non-substantive. FTA has also removed outdated cross references from 49 CFR 611.201(a)(2) and 611.301(a)(2). FTA notes there have been multiple reauthorizations that amended 49 U.S.C. 5309 since FTA last updated 49 CFR part 611 in 2013. FTA intends to update part 611 in the future to incorporate these statutory changes.
APTA Staff Advisor: Taria Barron, tbarron@apta.com