52046 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 

arrange for an alternative method of 

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Pursuant to section 127(e) of the 

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number USTR–2011–0002. The public 

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William Busis, 

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Representative for Monitoring and 

Enforcement. 

[FR Doc. 2011–21235 Filed 8–18–11; 8:45 am] 

BILLING CODE 3190–W1–P 

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. 

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 


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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 52047 

1Pedestrian Safety Guide for Transit Agencies, 

Federal Highway Administration, United States 

Department of Transportation, February 2008. 

2Pedestrian Safety Guide for Transit Agencies, 

Federal Highway Administration, United States 

Department of Transportation, February 2008. 

3Andrea White-Kjoss, Building Multimodal 

Transit Facilities: The One Clear Step toward the 

New Transportation Paradigm, Mass Transit, July/ 

August 2009, at 36–37. 

4Christie Findlay, Living in a Post-Car World, 

AARP Bulletin, October 1, 2009. 

5Statement 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). 

7Statement 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). 

8United 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. 

9Federal 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). 

10 49 U.S.C. 5302(a)(1)(g). 

11 49 U.S.C. 5302(a)(15)(f). 

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 Wellconnected 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

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. 

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

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.’’ 

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

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 


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12 49 U.S.C. 5334(i). 

13 49 U.S.C. 5302(a)(1)(G). 

14Note: 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).’’ 

15For more information, see FTA’s February 7, 

2007 guidance on the Eligibility of Joint 

Development Projects under Federal Transit Law at 

72 FR 5788. 

16 49 U.S.C. 5302(a)(15). 

17 49 U.S.C. 5319. 

18 49 U.S.C. 5319. 

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. 

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

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

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

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 


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19Schlossberg, 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. 

20See 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. 

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. 

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. 

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 


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52050 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 

21League 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. 

22Alliance for Biking and Walking, Bicycling and 

Walking in the United States: 2010 Benchmarking 

Report, 2010, at 16, 78. 

23Federal Transit Administration, Advance 

Notice of Proposed Rulemaking, Request for 

Comments on Major Capital Investment Projects, 75 

FR 31383 (June 3, 2010). 

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. 

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. 

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 costeffectiveness 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 costeffectiveness. These commenters 

suggested that FTA re-evaluate its 

method for calculating costeffectiveness 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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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 52051 

24 49 U.S.C. 5302(a)(1)(g). 

25 49 U.S.C. 5302(a)(15)(f). 

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. 

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 


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52052 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 

26 23 CFR 450.210, 771.111 (2010). 

27National 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; 

28Centers for Disease Control and Prevention, 

Healthy Community Design Fact Sheet, June 2008. 

29Federal Transit Administration, Proposed 

Policy Statement on the Eligibility of Pedestrian 

and Bicycle Improvements under Federal Transit 

Law, 74 FR 58679 (Nov. 13, 2009). 

‘‘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. 

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. 

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-DOTEPA 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.’’ 

FTA Response: FTA thanks these 

commenters for noting the spelling and 

grammatical error. FTA has changed the 

word ‘‘complimentary’’ to 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 52053 

30FTA guidance on the Eligibility of Joint 

Development Improvements under Federal Transit 

Law, 72 FR 5790 (Feb. 7, 2007). 

31 Kevin J. Krizek, Ann Forsyth and Laura Baum, 

Walking and Cycling International Literature 

Review, Victoria Department of Transport, 2009, at 

29. 

32Schlossberg, M. et al. How Far, By Which 

Route, and Why? A Spatial Analysis of Pedestrian 

Reference, Mineta Transportation Institute, June 

2007. 

33L.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. 

34 Kevin J. Krizek, Ann Forsyth and Laura Baum, 

Walking and Cycling International Literature 

Review, Victoria Department of Transport, 2009, at 

18. 

35League of American Bicyclists. Retrieved From: 

http://www.bikeleague.org/resources/better/ 

commuters.php. 

‘‘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

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

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. 

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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for 

Modification of Special Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR part 107, subpart 


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