[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Notices]
[Pages 70111-70112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22950]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket Number: FTA-2005-22658]


Notice of Policy Statement for Implementation of Notice and 
Comment Procedures for Documents Imposing ``Binding Obligations''

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice.

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SUMMARY: This notice establishes the Federal Transit Administration's 
(FTA, we) policy concerning notice and comment for FTA documents that 
impose binding obligations. This new policy is consistent with recent 
amendments to FTA's administrative procedures statute and provides the 
public and opportunity to comment on documents that FTA issues 
routinely.

DATES: Comments must be received by December 21, 2005. Late filed 
comments will be considered to the extent practicable. FTA will publish 
a second notice in the Federal Register summarizing all comments 
received regarding this notice, and, if appropriate, may modify this 
policy statement.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
FTA-2005-22658] by any of the following methods:
    Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 202-493-2251.

[[Page 70112]]

    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: You must include the agency name (Federal Transit 
Administration) and the docket number (FTA-2005-22428). You should 
submit two copies of your comments if you submit them by mail. If you 
wish to receive confirmation that FTA received your comments, you must 
include a self-addressed stamped postcard. Note that all comments 
received will be posted without change to the Department's Docket 
Management System (DMS) Web site located at http://dms.dot.gov. This 
means that is your comments includes any personal identifying 
information, such information will be made available to users of DMS.

FOR FURTHER INFORMATION CONTACT: Linda Lasley, Assistant Chief Counsel, 
Legislation and Regulations Division, Office of the Chief Counsel, 
Federal Transit Administration, 400 Seventh Street, SW., Room 9316, 
Washington, DC., 20590, (202) 366-4011 or <a href="/cdn-cgi/l/email-protection#6b2702050f0a45270a18070e122b0f041f450c041d"><span class="__cf_email__" data-cfemail="bbf7d2d5dfda95f7dac8d7dec2fbdfd4cf95dcd4cd">[email protected]</span></a>

SUPPLEMENTARY INFORMATION:

1. Background

    On August 10, 2005, President Bush signed into law the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act of 2005--a 
Legacy for Users (SAFETEA-LU), which reauthorizes Federal transit, 
highway, and highway safety programs through September 30, 2009. That 
Act amends FTA's administrative procedures contained in 49 U.S.C. 5334. 
The amendment specifically states: ``The Administrator of the Federal 
Transit Administration shall follow applicable rulemaking procedures 
under section 553 of title 5 before the Federal Transit Administration 
issues a statement that imposes a binding obligation on recipients of 
Federal assistance under this chapter.'' The amendment also defines a 
``binding obligation'' as: ``a substantive policy statement, rule, or 
guidance document issued by the Federal Transit Administration that 
grants rights, imposes obligations, produces significant effects on 
private interests, or effects a significant change in existing 
policy.'' In accordance with the above requirement, FTA announces in 
this notice our policy with respect to documents that impose biding 
obligations.

A. Rulemaking

    When FTA promulgates a ``legislative'' or legally binding rule, we 
will provide notice and an opportunity to comment as required by the 
Administrative Procedure Act (APA) and we will publish in the Federal 
Register. Rules that are designated as significant will be reviewed 
prior to publication in the Federal Register by the Office of the 
Secretary of Transportation and the Office of Management and Budget in 
accordance with Department of Transportation (DOT) policies and 
procedures and Executive Order 12866. In addition, when Congress 
authorizes FTA to establish a new program, we may issue a rule setting 
out the basic criteria for the new program.
Circulars, Guidance, and Policy Documents
    We issue circulars, guidance documents or interpretations, and 
policy statements in connection with the administration of our grant 
programs. In certain instances, such documents grant rights to or 
impose obligations on grant recipients, produce significant effects on 
private interests or effect a significant change in existing policy. 
Before adopting such documents, we will provide notice and an 
opportunity for the public to comment. We will accomplish this by 
establishing a docket in the Department's Docket Management System and 
posting the entire document in the docket. We will then publish a 
notice in the Federal Register announcing the document's availability 
and the time period for providing public comment.

B. Other Information

    Besides rules, circulars, policies, and guidance documents, FTA 
will often distribute material to assist grant recipients regarding 
specific topics. These documents have not and will not impose binding 
obligations on the public, and, therefore, will not be subject to the 
procedures for notice and comment set forth in section 5334(1) of Title 
49. These documents will continue to be available on FTA's public Web 
site at http://fta.dot.gov.

    Issued in Washington, DC, this 14th day of November 2005.
David B. Horner,
Acting Deputy Administrator.
[FR Doc. 05-22950 Filed 11-18-05; 8:45 am]
BILLING CODE 4910-57-M


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