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This ANPRM has been consolidated with the ANPRM for the National and Public Transportation Agency Safety Plans. See 2132-AB20. This rule will establish a system for Transit Asset Management (TAM) for all operators of public transportation, for all modes of transportation throughout the United States. This national system will be based on the term "State of Good Repair," to be developed through rulemaking, which will generate accurate data about the condition of the transit agencies' assets, and performance measures for improving the conditions of those assets.

Statement of Need:

In its most recent biennial Conditions and Performance Report, FTA estimated that the nation's transit state of good repair backlog is $86 billion and growing. It is the goal of the FTA to help bring the nation's public transportation capital assets into a state of good repair. To attain this goal, this NPRM establishes the National Transit Asset Management (TAM) System, that includes: the definition of state of good repair; requirements for Transit Asset Management Plans based on inventories of transit providers' facilities, equipment, rolling stock, and infrastructure, their assessments of the condition of those assets, and a prioritization of projects to meet state of good repair targets; requirements for reporting to the National Transit Database; an analytical process and decision support tool to assist transit provider in estimating their capital investment needs and prioritizing investments; and technical assistance from FTA. Also, this NPRM establishes performance measures for classes of assets and requirements for transit provider's to set performance targets for assets based on the performance measures. In addition, the National Transit Asset Management System complements the needs-based, formula program of Federal financial assistance for State of Good Repair administered under 49 U.S.C. 5337. The National TAM System is designed to foster informed decision-making on the needs for repair, rehabilitation, and replacement of capital assets used or available for use in public transportation, based on accurate and comprehensive data and information about the condition of those assets. In concert with the planning requirements at 49 U.S.C. 5303 and 5304, and the regulations there under, FTA expects States, transit providers, and metropolitan planning organizations to allocate available Federal, State and local funding towards those capital assets most in need of recapitalization.

Summary of the Legal Basis:

49 U.S.C. 5326

Alternatives:

MAP-21 requires the Department to issue this regulation. This NPRM will set forth FTA's rulemaking goals, soliciting comments on alternatives to regulation, such circulars and guidance.

Anticipated Costs and Benefits:

The costs of this rulemaking are unknown, as the prospective shape and direction of the regulatory obligations are undetermined.

Risks:

Regulated parties could raise the traditional concerns about unfunded Federal mandates and lack of transparency. But, the costs of developing a TAM Plan are eligible for reimbursement under the section 5307, 5311, and 5337 program.