SAFETEA-LU Rulemaking and Notices

To view the proposed rule or notice, click on the topic name.

To review the APTA comments, click on the APTA comments date.

To review comments received by FTA from all parties and submit your own comments, go to www.regulations.gov and follow the directions in this tutorial. 

To submit content or discuss the draft APTA comments, contact Jim LaRusch.

To submit comments directly to FTA, follow the directions in the notice.

Please note the new layout of this webpage.  Select a topic from the list below for related information.  Within each chart the most current item is listed first, descending to the earliest item.

Current Rulemaking Issues TIGER Discretionary Grant Program High-Speed Rail/Intercity Passenger Rail Grant Program OMB Guidance on ARRA Reporting Disadvantaged Business Enterprise Program; Potential Program Improvements Disadvantaged Business Enterprise; Overall Goal Schedule and Substitution

• Major Investment Projects
• Environmental
• Public-Private Partnerships/Joint Development/Urban Partnerships
• Funding
• Americans with Disabilities & Civil Rights
• New Freedom, JARC, 5310
• Buy America
• Charter/School Bus
• Safety & Security
• Other Programs
• Administrative Requirements

Major Investment Projects

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Notice of Availability of Proposed Guidance for New Starts/Small Starts Policies and Procedures and Request for Comments Proposed Guidance on New Starts/Small Starts Policies and Procedures	FTA-2009-0009	6/12/09	6/19/9	Final Comments
Notice of Availability of Discussion Paper on the Evaluation of Economic Development				Final Comments 3/27/09
Railroad Corridor Preservation Federal Register Announcement Draft Guidance	FTA-2008-0054	1/23/09	1/30/09	Final Comments 1/30/09	Notice of Availability of Final Guidance
Proposed Guidance on New Starts Policies and Procedures Draft Guidance	FTA-2008-0020	5/11/08	5/18/08	Final Comments 5/19/08	Final Guidance on New Starts/Small Starts Policies and Procedures
Contractor Performance Incentives for the Capital Investment Program	FTA- 2008-0005	4/14/08	4/21/08	Final Comments 4/21/08	Notice of Withdrawal
Capital Investment Program Federal Register Announcement Draft Circular Comment Period Extension	29123	1/18/08	1/25/08	Final Comments 1/25/08 Request for Comment Period Extension	Notice of Availability of Final Circular Final Circular
Major Capital Investment Projects Notice of Public Meetings on Notice of Proposed Rulemaking for Major Capital Investment Projects  Notice of Proposed Rulemaking; Withdrawal	25737	10/25/07	11/1/07	Final Comments 11/01/07	Notice of Withdrawal

Environmental

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Environmental Impact and Related Procedures Notice of Proposed Rulemaking	FTA 2006-26604	10/2/2007	10/9/2007	Final comments 10/9/2007	Final Rule
Transportation Conformity Rule Amendments	Note: EPA Docket EPA-HQ-OAR-2006-0612	5/25/07	6/1/07	Final Comments 6/1/07	Final Rule 1/9/08
Parks, Recreation Areas, Wildlife and Waterfowl Refuges and Historic Sites (4f)	FHWA 22884	9/18/06	9/25/06	Final Comments 9/25/06	Final Rule 3/12/08 Correcting Amendment 6/6/08

Public-Private Partnerships/Joint Development/Urban Partnerships

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Public-Private Partnership Pilot Program	23697	N/A – This announcement is a request for proposals only.
Agency Guidance and Request for Comments on the Eligibility of Joint Development Improvements Under Federal Transit Law	23511	10/5/06	10/12/06	Final Comments 10/12/06	Final Guidance

Funding

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
TIGER Discretionary Grant Funding Availability Federal Register Notice 5/18/09 Federal Register Notice 6/17/09	OST-2009-0115	N/A	N/A	N/A
High-Speed Rail/Intercity Passenger Rail Grant Program Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service Federal Register Notice of Funding Availability 6/23/9 Interim Program Guidance	FRA-2009-0045	5/28/09     7/2/09	6/5/09     7/10/09	Final Comments 6/5/09
Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service:	FRA–2009–0045	5/28/9	6/5/9	Draft Comments 6/2/09
ARRA Public Transportation Capital Investment Grants Program Appropriation and Allocations	N/A	N/A	N/A	N/A
OMB FR Notice on Section 1512 Recipient Reporting Data Specifications of the ARRA of 2009	OMB-2009-0009	4/22/9	5/1/9	Final Comments 5/1/9	Implementing Guidance Reporting Format
OMB FR Notice on Sections 1512, 1605, and 1606 of the ARRA of 2009	N/A	N/A	N/A	N/A	Interim Final Guidance
FTA Supplemental Fiscal Year 2009 Apportionments and Allocations	N/A	N/A	N/A	N/A
Solicitation of Grant Applications for ARRA Tribal Transit Program Funds	N/A	N/A	5/22/09	N/A	N/A
Notice of Availability of FY 2009 Funding for Transit Investments for Greenhouse Gas and Energy Reduction Grants	FTA-2009-0015	3/31/09	4/7/09	Final Comments 4/7/09
AARA Public Transportation Apportionments, Allocations and Grant Program Information	N/A	N/A	N/A	N/A	N/A
Paul S. Sarbanes Transit in Parks Program	N/A
Credit Assistance for Surface Transportation Projects Withdrawal of Notice of Proposed Rulemaking and request for comments	OST-2009-0004	3/16/2009	3/23/09		Notice of Withdrawal
FTA Fiscal Year 2009 Apportionments and Allocations and Program Information	N/A	Transit funding notice for FY 2009
FRA   Railroad Rehabilitation and Improvement Financing Program Extension of Comment Period Notice of Proposed Rulemaking; Withdrawal	FRA 2008–0061		8/8/08	Final Comments 8/8/2008
FTA Alternatives Analysis Discretionary Program Notice	N/A	Request for grant applications only			Announcement of Project Selections for FY 2007 Discretionary Programs
Rail Line Relocation and Improvement Project Grants	23774	2/28/07	3/5/07	Final Comments 3/5/07

Americans with Disabilities & Civil Rights

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles	Architectural and Transportation Barriers Compliance Board. Docket No. 2007–1	1/13/09	1/20/09	Final Comments 1/20/09
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities Proposed rule; Correction Notice of Hearing	Dept. of Justice, Civil Rights Division CRT docket number 106	8/11/08	8/18/08	Final Comments 8/18/08
Nondiscrimination on the Basis of Disability in State and Local Government Services Proposed rule; Correction Notice of Hearing	Dept. of Justice, Civil Rights Division CRT docket number 105	8/11/08	8/18/08	Final Comments 8/18/08
Medicaid Program; State Flexibility for Medicaid Benefit Packages	Dep’t of Health & Human Services docket number CMS-2232-P	3/17/08	3/24/08	Final Comments 3/24/08	Final Rule 12/3/08 Final Rule: Interim final rule: Delay of effective date and reopening of the comment period. 2/2/09 Final Rule; Delay of Effective Date and reopening of the comment period. 4/3/09
Medicaid Program: Elimination of Reimbursement for Transportation Between Home and School Proposed Revocation	Dep’t of Health & Human Services docket number CMS-2287-P	10/30/07     5/22/09	11/6/07     6/1/09	Final Comments 11/6/2007   Final Comments 6/1/09	Final Rule 12/28/2007 Statutory Moratorium enacted December 29, 2007
Medicaid Program; State Option To Establish Non-Emergency Medical Transportation Program	Dep’t of Health & Human Services docket number CMS-2234-P	9/17/2007	9/24/2007	Final Comments 9/24/2007	Final Rule 12/19/08
ADA for Ferry Operations Extension of Comment Period	26829	6/15/07	6/22/07	Final Comments 6/22/07
Transportation for Individuals with Disabilities Comment period extension	23985	7/21/06	7/28/06	Part 1, Final Comments, 7/20/06 Part 2, Final Comments, 7/28/06

New Freedom, JARC, 5310

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Proposed Policy Change to Expand Eligible Activities under the New Freedom Program	FTA-2009-0003	2/16/08	2/23/09	Final Comments 2/23/09	Notice of Policy Statement for Eligible New Freedom Projects

Buy America

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Buy America Requirements; Bi-Metallic Composite Conducting Rail	FTA 2008–0057	1/16/09	1/23/09	Final Comments 1/23/09	Final Rule 6/25/09
Buy America Extension of Comment Period & Public Meeting Announcement	23082	2/21/07	2/28/07	Final Comments 2/28/07	Final Rule 9/20/07 Corrected Final Rule 9/27/07 Request for Clarification of Bus Shell Requirements FTA Clarification of Bus Shell Requirements
Buy America requirements amendments to definitions and waiver requirements	23082	1/20/06	1/27/06	Final Comments 01/27/06	Partial Final Rule 3/21/06

Charter/School Bus

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
School Bus Operations	2008-0044	2/10/09	2/17/09	Final Comments 2/17/09
Policy Statement on FTA’s School Bus Operations Regulations	2008-0015	6/11/08	6/18/08	Final Comments, 6/18/08	Final Policy Statement on FTA’s School Bus Operations Regulations 9/16/08
Charter Service Information Paper	22657	4/9/07	4/16/07	Final Comments 4/16/07	Final Rule: response to petitions for reconsideration and amendments Final Rule 1/14/08 APTA Charter Primer Webinar Presentation Materials Webinar Recording

Safety & Security

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Emergency Order to Restrict On-Duty Railroad Operating Employees’ Use of Cellular Telephones and other Distracting Electronic and Electrical Devices	FRA Emergency Order No. 26	Information only
Bus Testing; Phase-In of Brake Performance and Emissions Testing, and Program Updates	FTA-2007-0011	11/21/08	12/1/08	Final Comments

Other Programs

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
Disadvantaged Business Enterprise Program; Potential Program Improvements	OST–2009	6/27/09	7/7/09	Under Construction
Disadvantaged Business Enterprise; Overall Goal Schedule and Substitution	OST–2009–0081	6/27/09	7/7/09	Under Construction
Disadvantaged Business Enterprise Program; Inflationary Adjustment	DOT-OST-2009-0074	N/A	N/A	N/A	Final Rule 4/3/9
Passenger Rail Investment and Improvement Act	STB Ex Parte No. 683	1/21/09	1/28/09	Final Comments 1/30/08
Development of a Guarantee Program for Troubled Assets	N/A	10/22/2008	10/28/2008	Final Comments 10/28/2008
Grant Management Requirements Federal Register Announcement Draft Guidance Comment Period Extension	29122	12/28//2007	1/4/2008	Final Comments 1/4/2008 Request for Comment Period Extension	Notice of Availability of Final Circular Final Circular

Administrative Requirements

Topic	DOT Docket Number	Comments Due to APTA	Comments Due to FTA	APTA Comments	Result
OMB Federal Regulatory Review	N/A	3/9/09	3/16/9	Final Comments 3/16/09
Regulatory Review by Obama Administration	N/A	N/A	N/A	N/A
Capital Metropolitan Transportation Authority: Public Hearing	FRA-2006-25040	N/A	1/8/09	Final Comments 1/08/09
Alcohol and Drug Testing Determination of Minimum Random Testing Rates for 2009	FTA 2001-11213	N/A	N/A	N/A	N/A
National Transit Database:  Natural Disaster Adjustments for Urbanized Area Apportionments	FTA-2008-0035	9/8/2008	9/15/2008	Final Comments 9/15/2008
Disadvantaged Business Enterprises; Western States Guidance for Public Transportation Providers	24063	4/17/06	4/24/06	Final Comments 4/21/06

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