6164 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Notices 

advantages of the Draft EIS Preferred 

Alternative. The Refined Long-span 

Alternative, which addressed that 

directive and was evaluated in the 

SDEIS, was identified as the Preferred 

Alternative in the SDEIS that was made 

available for public review and 

comment. The public was able to view 

and comment on the SDEIS for a period 

of 45 days from April 29 to June 13, 

2022. The SDEIS NOA was published in 

the Federal Register on April 29, 2022. 

Multnomah County held live SDEIS 

Public Hearing testimony on June 8, 

2022. 

(Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 

139) 

Issued on: January 25, 2024. 

Keith Lynch, 

FHWA Division Administrator, Salem, OR. 

[FR Doc. 2024–01830 Filed 1–30–24; 8:45 am] 

BILLING CODE 4910–RY–P 

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. 

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 


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Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Notices 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 zeroemission 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 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[[Docket No. MARAD–2024–0011] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: KALA (Sail); Invitation for 

Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

March 1, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2024–0011 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2024–0011 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2024–0011, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you include 

your name and a mailing address, an email 

address, or a telephone number in the body 

of your document so that we can contact you 

if we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email: 

patricia.hagerty@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel KALA is: 

—Intended Commercial Use of Vessel: 

Requester intends to use for sailing 

and sightseeing trips. 

—Geographic Region Including Base of 

Operations: Florida. Base of 

Operations: Clearwater Beach, FL. 

—Vessel Length and Type: 39′ Sailing 

Catamaran. 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2024–0011 at https://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 


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