FR Doc 05-6856

[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Notices]
[Page 17754-17763]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-130]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Over-the-Road Bus Accessibility Program Grants

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability of fiscal year 2005 funds: solicitation
of grant applications.

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SUMMARY: The U.S. Department of Transportation (DOT) Federal Transit
Administration (FTA) announces the availability of funds in fiscal year
(FY) 2005 for the Over-the-Road Bus (OTRB) Accessibility Program,
authorized by section 3038 of the Transportation Equity Act for the
21st Century (TEA-21). The OTRB Accessibility Program makes funds
available to private operators of over-the-road buses to finance the
incremental capital and training costs of complying with DOT's over-
the-road bus accessibility final rule, 49 CFR part 37, published in a
Federal Register notice on September 28, 1998 (63 FR 51670). The
authorizing legislation calls for national solicitation of
applications, with grantees to be selected on a competitive basis.
Federal transit funds are available to intercity fixed-route providers
and other OTRB providers at up to 90 percent of the project cost.
In FY 2005, $5,208,000 was appropriated for intercity fixed-route
service providers and $1,686,400 was appropriated for other over-the-
road bus service providers.
This announcement is available on the Internet on the FTA Web site
at: http://www.fta.dot.gov. FTA will announce final selections on the

Web site and in the Federal Register. A synopsis of this announcement
will be posted in the FIND module of the government-wide electronic
grants Web site at http://www.grants.gov. Applications may be submitted

to FTA in hard copy or electronically through the GRANTS.GOV APPLY
function.

DATES: Complete applications for Over-the-Road Bus (OTRB) Program
grants must be submitted to the appropriate FTA regional office (see
Appendix C) by June 6, 2005, or submitted electronically through the
GRANTS.GOV Web site by the same date. Anyone intending to apply
electronically should initiate the process of registering on the
GRANTS.GOV site immediately to ensure completion of registration before
the deadline for submission. FTA will announce grant selections when
the competitive selection process is complete.

FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional
Administrator (Appendix C) for application-specific information and
issues. For general program information, contact Blenda Younger, Office
of Program Management, (202) 366-2053, e-mail:
blenda.younger@fta.dot.gov. A TDD is available at 1-800-877-8339 (TDD/
FIRS).

Overview Information

Federal Agency Name: Department of Transportation, Federal Transit
Administration (FTA).
Funding Opportunity Title: Capital and Training Assistance Program
for over-the-road bus accessibility.
Announcement Type: Initial announcement: notice of availability of
fiscal year 2005 funds: solicitation of grant applications.
Catalog of Federal Domestic Assistance (CFDA) Number: 20.518.
Capital and Training Assistance Program for over-the-road bus
accessibility.

SUPPLEMENTARY INFORMATION

Table of Contents

I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review Information
VI. Award Administration Information
VII. Agency Contacts
Appendix A Over-the-Road Bus Accessibility Program Application
Appendix B Federal Fiscal Year 2005 Certifications and
Assurances for the Federal Transit Administration Over-the-Road Bus
Accessibility Grants
Appendix C FTA Regional Offices

[[Page 17755]]

I. Funding Opportunity Description

A. Authority

The program is authorized under Section 3038 of the Transportation
Equity Act for the 21st Century (TEA-21) as extended by the Surface
Transportation Extension Act of 2004, Part V (Pub. L 108-310, September
30, 2004).

B. Background

Over-the-road buses are used in intercity fixed-route service as
well as other services, such as commuter, charter, and tour bus
services. These services are an important element of the U.S.
transportation system. TEA-21 authorized FTA's Over-the-road Bus
Accessibility Program to assist over-the-road bus operators in
complying with the Department's Over-the-Road Bus Accessibility rule,
``Transportation for Individuals with Disabilities'' (49 CFR Part 37)
published in a Federal Register notice on September 28, 1998 (63 FR
51670).
Summary of DOT's Over-the-Road Bus Accessibility Rule
Deadlines for Acquiring Accessible Vehicles. Under the over-the-
road bus accessibility rule, all new buses obtained by large (Class I
carriers, i.e., those with gross annual operating revenues of $5.3
million or more), fixed-route carriers after October 30, 2000 must be
accessible, with wheelchair lifts and tie-downs that allow passengers
to ride in their own wheelchairs. The rule requires 50 percent of the
fixed-route carriers' fleets to be accessible by 2006, and 100 percent
of the vehicles in their fleets to be accessible by 2012. The buses
acquired by small (gross operating revenues of less than $5.3 million
annually) fixed-route providers after October 29, 2001 also are
required to be lift-equipped, although they do not have a deadline for
total fleet accessibility. Small providers also can provide equivalent
service in lieu of obtaining accessible buses. Starting in 2001,
charter and tour companies have to provide service in an accessible bus
on 48 hours' advance notice. Fixed-route companies must also provide
this kind of service on an interim basis until their fleets are
completely accessible.
Deadlines for Delivering Accessible Service. The rules for
delivering accessible motorcoach service went into effect October 29,
2001 for large fixed-route, charter, tour and other demand-responsive
motorcoach companies. The rules went into effect for small operators on
October 28, 2002. After these dates, companies must provide service in
an accessible coach to a passenger who requests it and gives 48 hours'
advance notice. Small companies may provide equivalent service, instead
of acquiring accessible coaches. This equivalent service may be
provided in an alternate vehicle (e.g., a van), provided that the
service allows passengers to travel in their own wheelchairs.
Specifications describing the design features that an over-the-road
bus must have to be readily accessible to and usable by persons who use
wheelchairs or other mobility aids required by the ``Americans with
Disabilities Act Accessibility Guidelines for Transportation Vehicles:
Over-the-Road Buses'' rule (36 CFR part 1192) were published in another
Federal Register notice on September 28, 1998.

C. Purpose

Improving mobility and shaping America's future by ensuring that
the transportation system is accessible, integrated, and efficient, and
offers flexibility of choices is a key strategic goal of the Department
of Transportation. Over-the-road Bus Accessibility projects will
improve mobility for individuals with disabilities by providing
financial assistance to help make vehicles accessible and training to
ensure that drivers and others understand how to use accessibility
features as well as how to treat patrons with disabilities.

D. Vehicle and Service Definitions

An ``over-the-road bus'' is a bus characterized by an elevated
passenger deck located over a baggage compartment.
Intercity, fixed-route over-the-road bus service is regularly
scheduled bus service for the general public, using an over-the-road
bus that: operates with limited stops over fixed routes connecting two
or more urban areas not in close proximity or connecting one or more
rural communities with an urban area not in close proximity; has the
capacity for transporting baggage carried by passengers; and makes
meaningful connections with scheduled intercity bus service to more
distant points.
Other over-the-road bus service means any other transportation
using over-the-road buses, including local fixed-route service,
commuter service, and charter or tour service (including tour or
excursion service that includes features in addition to bus
transportation such as meals, lodging, admission to points of interest
or special attractions). While some commuter service may also serve the
needs of some intercity fixed-route passengers, the statute includes
commuter service in the definition of ``other'' service. Commuter
service providers should apply for these funds, even though the
services designed to meet the needs of commuters may also provide
service to intercity fixed-route passengers on an incidental basis. If
a service provider can document that more than 50 percent of its
passengers are using the service as intercity fixed-route service, the
provider may apply for the funds designated for intercity fixed-route
operators.

II. Award Information

Federal transit funds are available to intercity fixed-route
providers and other OTRB providers at up to 90 percent of the project
cost. In FY 2005, $5,208,000 was appropriated for intercity fixed-route
service providers and $1,686,400 was appropriated for other over-the-
road bus service providers. Successful applicants will be awarded
grants. Typical grants under this program range from $20,000 to
$291,000.

III. Eligibility Information

1. Eligible Applicants

Grants will be made directly to operators of over-the-road buses.
Intercity, fixed-route over-the-road bus service providers may apply
for the $5,208,000 that FTA expects will be available to intercity
fixed-route providers in FY 2005. Other over-the-road bus service
providers, including operators of local fixed-route service, commuter
service, and charter or tour service may apply for the $1,686,400
available in FY 2005 for these providers. OTRB operators who provide
both intercity, fixed-route service and another type of service, such
as commuter, charter or tour, may apply for both categories of funds
with a single application. Private for-profit operators of over-the-
road buses are eligible to be direct applicants for this program. This
is a departure from most other FTA programs for which the direct
applicant must be a state or local public body.
Eligible Projects
Projects to finance the incremental capital and training costs of
complying with DOT's over-the-road bus accessibility rule (49 CFR part
37) are eligible for funding. Incremental capital costs eligible for
funding include adding lifts, tie-downs, moveable seats, doors and all
labor costs associated with work on the vehicle needed to make vehicles
accessible. Retrofitting vehicles with such accessibility components is
also an eligible expense. Please see Buy America section for further
determination of eligibility.
FTA may award funds for costs already incurred by the applicants.
Any

[[Page 17756]]

new wheelchair accessible vehicles delivered since June 8, 1998, the
date that the Transportation Equity Act for the 21st Century was
effective, are eligible for funding under the program. Vehicles of any
age that have been retrofitted with lifts and other accessibility
components since June 8, 1998 are also eligible for funding.
Eligible training costs are those required by the final
accessibility rule as described in 49 CFR 37.209. These activities
include training in proper operation and maintenance of accessibility
features and equipment, boarding assistance, securement of mobility
aids, sensitive and appropriate interaction with passengers with
disabilities, and handling and storage of mobility devices. The costs
associated with developing training materials or providing training for
local providers of over-the-road bus services for these purposes are
eligible expenses.
FTA will not fund the incremental costs of acquiring used
wheelchair accessible OTRBs, as it may be impossible to verify whether
or not FTA funds were already used to make the vehicles accessible.
Also, it would be difficult to place a value on the accessibility
features based upon the depreciated value of the vehicle. FTA wishes to
increase the number of wheelchair accessible over-the-road buses
available to persons with disabilities throughout the country, and the
purchase of used accessible vehicles, whether or not they were
previously funded by FTA, does not further this objective.
FTA has sponsored the development of accessibility training
materials for public transit operators. FTA-funded Project Action is a
national technical assistance program to promote cooperation between
the disability community and the transportation industry. Project
Action provides training, resources and technical assistance to
thousands of disability organizations, consumers with disabilities, and
transportation operators. It maintains a resource center with the most
up-to-date information on transportation accessibility. Project Action
may be contacted at: Project Action, 700 Thirteenth Street NW., Suite
200, Washington, DC 20590, Phone: 1-800-659-6428, Internet address:
http://www.projectaction.org/.

2. Cost Sharing or Matching

Federal transit funds are available to intercity fixed-route
providers and other OTRB providers at up to 90 percent of the project
cost. A 10 percent match is required.

IV. Application and Submission Information

1. Address To Request Application Package

This announcement includes all of the information that you need to
apply. It is available on the Internet on the FTA Web site at http://www.fta.dot.gov.
FTA will announce final selections on the Web site and

in the Federal Register. A synopsis of this announcement will be posted
in the FIND module of the government-wide electronic grants Web site at
http://www.grants.gov.

2. Content and Form of Application Submission

Guidelines for Preparing Grant Application
FTA is conducting a national solicitation for applications under
the OTRB Accessibility program. Grant awards will be made on a
competitive basis. The application should provide information on all
items for which you are requesting funding in FY 2005. If you use
another company's previous application as a guide, remember to modify
all elements as appropriate to reflect your company's situation. The
application must include a project narrative in the format provided in
Appendix A, in addition to Standard Form 424, ``Application for Federal
Assistance''.
Application Content
Applicant Information
This addresses basic identifying information, including:
a. Company name.
b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number.
c. Contact information for notification of project selection:
Contact name, address, fax and phone number.
d. Description of services provided by company, including areas
served.
e. For fixed-route carriers, whether you are a large (Class I, with
gross annual operating revenues of $5.3 million or more) or small
(gross operating revenues of less than $5.3 million annually) carrier.
f. Existing fleet and employee information, including number of
over-the-road buses used for intercity fixed-route service and other
service and number of employees.
g. If you provide both intercity fixed-route service and another
type of service, such as commuter, charter or tour service, please
provide an estimate of the proportion of your service that is
intercity.
h. Description of your technical, legal, and financial capacity to
implement the proposed project. Include evidence that you currently
possess appropriate operating authority--e.g. DOT number if you operate
interstate or identifier assigned by state if you do not operate
interstate service.
Project Information
Every application must:
a. Provide the Federal amount requested for each purpose for which
funds are sought in the format in Appendix A.
b. If requesting funding for intercity service, document how
intercity fixed-route service meets the definition of intercity fixed-
route service, including how service makes meaningful connections with
scheduled intercity bus service to more distant points.
c. Document that intercity service is included in Russell's
Official National Motor Coach Guide.
d. Document matching funds, including amount and source.
e. Describe project, including components to be funded, i.e.,
lifts, tie-downs, moveable seats, etc., and/or training.
f. Provide project time-line, including significant milestones such
as date or contract for purchase of vehicle(s), and actual or expected
delivery date of vehicles.
g. Address each of the five statutory evaluation criteria described
in V.
Labor Information
a. Identify any labor organizations that may represent your
employees and all labor organizations that represent the employees of
any transit providers in the service area of the project. For each
local of a nationally affiliated union, the applicant must provide the
name of the national organization and the number or other designation
of the local union. (For example, Amalgamated Transit Union local
1258.) Since DOL makes its referral to the national union's
headquarters, there is no need to provide a means of contacting the
local organization.
b. For each independent labor organization (i.e., a union that is
not affiliated with a national or international organization) the local
information will be necessary (name of organization, address, contact
person, phone, fax numbers).
c. Where a labor organization represents transit employees in the
service area of the project, DOL must refer the proposed protective
arrangements to each union and to each recipient. For this reason,
please provide DOL with a contact person, address, telephone number and
fax number for your company and associated union information.

[[Page 17757]]

3. Submission Dates and Times

Complete applications for OTRB Accessibility Program grants must be
submitted to the appropriate FTA regional office (see Appendix C) June
6, 2005 or submitted electronically through the GRANTS.GOV Web site by
the same date. Applicants planning to apply electronically are
encouraged to begin the process of registration on the GRANTS.GOV site
well in advance of the submission deadline. Registration is a multi-
step process, which may take several weeks to complete before an
application can be submitted. FTA will announce grant selections when
the competitive selection process is complete.

4. Intergovernmental Review

This program is not generally subject to Executive Order (EO)
12372, ``Intergovernmental Review of Federal Programs.'' For more
information, contact the State's Single Point of Contact (SPOC) to find
out about and comply with the State's process under EO 12372. The names
and addresses of the SPOCs are listed in the Office of Management and
Budget's Home page at http://www.whitehouse.gov/omb/grants/spoc.html.

5. Funding Restrictions

Only applications from eligible recipients for eligible activities
will be considered for funding (see Section III). Due to funding
limitations, applicants that are selected for funding may receive less
than the amount requested.

6. Other Submission Requirements

Applicants should submit 3 copies of their project proposal
application, consistent with the application format provided at
Appendix A, to the appropriate regional office or apply electronically
through the governmentwide electronic grant application portal at
http://www.grants.gov.

V. Application Review Information

1. Project Evaluation Criteria--Projects Will Be Evaluated According to
the Following Criteria:

A. The identified need for over-the-road bus accessibility for
persons with disabilities in the areas served by the applicant. (20
points)
B. The extent to which the applicant demonstrated innovative
strategies and financial commitment to providing access to over-the-
road buses to persons with disabilities. (20 points)
C. The extent to which the over-the-road bus operator acquired
equipment required by DOT's over-the-road bus accessibility rule prior
to the required time-frame in the rule. (20 points)
D. The extent to which financing the costs of complying with DOT's
rule presents a financial hardship for the applicant. (20 points)
E. The impact of accessibility requirements on the continuation of
over-the-road bus service with particular consideration of the impact
of the requirements on service to rural areas and for low-income
individuals. (20 points)

Note: These are the statutory criteria upon which funding
decisions will be made. In addition to these criteria, FTA may also
consider other factors, such as the size of the applicant's fleet
and the level of FTA funding that may already have been awarded to
applicants in prior years.

2. Review and Selection Process

Each application is screened by a panel of members represented by
FTA headquarters and regional staff. Incomplete or non-responsive
applications will be disqualified. FTA will make an effort to award
every qualified applicant at least one lift. Prior year funding under
the program is a factor, however, so depending upon demand, an
applicant that received significant prior year funding may not be
selected to receive additional funding.

VI. Award Administration Information

1. Award Notices

FTA will screen all applications to determine whether all required
eligibility elements, as described in III. ``Eligibility Information''
are present. An FTA evaluation team will evaluate each application
according to the criteria described in this announcement. FTA will
notify all applicants, both those selected for funding and those not
selected when the competitive selection process is complete. Projects
selected for funding will be published in a Federal Register notice.
Applicants selected for funding must then apply to the FTA regional
office for the actual grant award, sign Certifications and Assurances,
etc. and execute a grant contract before funds can be drawn down.

2. Administrative and National Policy Requirements

A. Grant Requirements
Applicants selected for funding must include documentation
necessary to meet the requirements of FTA's Nonurbanized Area Formula
program (Section 5311 under Title 49, United States Code). Technical
assistance regarding these requirements is available from each FTA
regional office. The regional offices will contact those applicants
selected for funding regarding procedures for making the required
certifications and assurances to FTA before grants are made.
The authority for these requirements is provided by the
Transportation Equity Act for the 21st Century, Pub. L. 105-178, June
9, 1998, as amended by the TEA-21 Restoration Act 105-206, 112 Stat.
685, July 22, 1998, 49 U.S.C. chapter 53, Title 23, United States Code,
DOT and FTA regulations at 49 CFR, and FTA Circulars.
B. Buy America
In the OTRB Accessibility program, FTA's Buy America regulations,
49 CFR Part 661, apply to the incremental capital cost of making
vehicles accessible. Those regulations do not apply to associated labor
costs. The following discussion relates to the contract between the
grantee and the prime contractor.
The ``General Requirements'' found at 49 CFR 661.5 apply to that
portion of the accessibility system being funded. That section requires
that all of the manufacturing processes for the product take place in
the United States and that all components of the product be made in the
United States. A component is considered domestic if it is manufactured
in the U.S.A., regardless of the origin of its subcomponents. The lift,
the moveable seats, and the securement devices will all be considered
components for purposes of this program; accordingly, as components,
each must be manufactured in the United States. Should a recipient
choose to request funding for only a specific component, such as the
lift or the securement device, then the Buy America requirements would
apply only to that item funded by FTA.
Three exceptions to the general requirements can be found at 49 CFR
661.7: first, a waiver may be requested when the application of the
regulation is not in the public interest; second, a waiver may be
requested if the materials and products being procured are not produced
in the United States in sufficient and reasonably available quantities
and of a satisfactory quality; and third, a price differential waiver
may be requested where the results of competitive procurement show that
there is a 25 percent price difference between the domestic and foreign
products. FTA approval of a waiver must be received by the recipient of
FTA funds prior to the execution of contract.

[[Page 17758]]

It should also be noted that FTA has issued a general public
interest waiver for all purchases under the Federal ``small purchase''
threshold, which is currently $100,000. This waiver can be found in 49
CFR 661.7, Appendix A(e). In Section 3038(b) of TEA-21, Congress
authorized FTA financing of the incremental capital costs of compliance
with DOT's OTRB accessibility rule. Consistent with this provision, the
small purchase waiver applies only to the incremental cost of the
accessibility features FTA is funding. Where more than one bus is
purchased, the grantee must consider the incremental cost increase for
the entire procurement when determining if the small purchase waiver
applies. For example, if $30,000 is the incremental cost for the
accessibility features eligible under this program per bus (regardless
of the Federal share contribution), then a procurement of three buses
with a total such cost of $90,000, would qualify for the small purchase
waiver. No special application to FTA would be required.
The grantee must obtain a certification from the bus manufacturer
that all items included in the incremental cost for which the applicant
is applying for funds meet Buy America requirements. The Buy America
regulations can be found at http://www.fta.dot.gov/library/legal/buyamer/
.

C. Labor Protection
Before FTA may award a grant for capital assistance, 49 U.S.C.
5333(b) requires that fair and equitable arrangements must be made to
protect the interests of transit employees affected by FTA assistance.
Those arrangements must be certified by the Secretary of Labor as
meeting the requirements of the statute. When a labor organization
represents a group of affected employees in the service area of an FTA
project, the employee protective arrangement is usually the product of
negotiations or discussions with the union. The grant applicant can
facilitate Department of Labor (DOL) certification by identifying in
the application any previously certified protective arrangements that
have been applied to similar projects undertaken by the grant
applicant, if any. Receiving funds under the OTRB Accessibility
program, however, will not require the grantee's employees to be
represented by organized labor. Nothing in the labor protection
provisions in 49 U.S.C 5333(b) requires a motorcoach operator to become
a union carrier or encourages union organizing in any manner. Upon
receipt of a grant application requiring employee protective
arrangements, FTA will transmit the application to DOL and request
certification of the employee protective arrangements. In accordance
with DOL guidelines, DOL notifies the relevant unions in the area of
the project that a grant for assistance is pending and affords the
grant applicant and union the opportunity to agree to an arrangement
establishing the terms and conditions of the employee protections. If
necessary, DOL furnishes technical and mediation assistance to the
parties during their negotiations. The Secretary of Labor may determine
the protections to be certified if the parties do not reach an
agreement after good faith bargaining and mediation efforts have been
exhausted. DOL will also set the protective conditions when affected
employees in the service area are not represented by a union. When DOL
determines that employee protective arrangements comply with labor
protection requirements, DOL will provide a certification to FTA. The
grant agreement between FTA and the grant applicant incorporates by
reference the employee protective arrangements certified by DOL.
Applicants must identify any labor organizations that may represent
their employees and all labor organizations that represent the
employees of any other transit providers in the service area of the
project.
For each local of a nationally affiliated union, the applicant must
provide the name of the national organization and the number or other
designation of the local union. (For example, Amalgamated Transit Union
local 1258) Since DOL makes its referral to the national union's
headquarters, there is no need to provide a means of contacting the
local organization.
However, for each independent labor organization (i.e., a union
that is not affiliated with a national or international organization)
the local information will be necessary (name of organization, address,
contact person, phone, fax numbers).
Where a labor organization represents transit employees in the
service area of the project, DOL must refer the proposed protective
arrangements to each union and to each recipient. For this reason,
please provide DOL with a contact person, address, telephone number and
fax number for your company, and associated union information.
DOL issued a Federal Register notice addressing the new TEA-21
programs, including the OTRB Accessibility Program, ``Amendment to
Section 5333(b) Guidelines to Carry Out New Programs Authorized by the
Transportation Equity Act for the 21st Century (TEA-21)''; Final Rule,
dated July 28, 1999. FTA issued a ``Dear Colleague'' letter, dated
December 5, 2000, addressing DOL processing of grant applications.
Attached to the letter is an application checklist, which provides
information that DOL must have in order to review and certify FTA grant
applications. This letter and attachment can be found at: http://www.fta.dot.gov/office/public/c0019.html
.

Questions concerning protective arrangements and related matters
pertaining to transit employees should be addressed to the Division of
Statutory Programs, Department of Labor, 200 Constitution Avenue NW.,
Room N-5411, Washington, DC 20210; telephone (202) 693-0126, fax (202)
219-5338.
D. Planning
Applicants are encouraged to notify the appropriate state
departments of transportation and metropolitan planning organizations
(MPO) in areas likely to be served by equipment made accessible through
funds made available in this program. Those organizations, in turn,
should take appropriate steps to inform the public, and individuals
requiring fully accessible services in particular, of operators'
intentions to expand the accessibility of their services. Incorporation
of funded projects in the plans and transportation improvement programs
of states and metropolitan areas by states and MPOs also is encouraged,
but is not required.
E. Standard Assurances
The Applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, FTA circulars, and
other Federal administrative requirements in carrying out any project
supported by the FTA grant. The Applicant acknowledges that it is under
a continuing obligation to comply with the terms and conditions of the
grant agreement issued for its project with FTA. The Applicant
understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and affect
the implementation of the project. The Applicant agrees that the most
recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The Applicant must submit the
Certifications and Assurances for the FTA Over-the-Road Bus
Accessibility Program found at Appendix B.
3. Reporting
Post-award reporting requirements include submission of final
Financial Status Report and milestone report, or annual reports for
grants remaining

[[Page 17759]]

open at the end of each Federal fiscal year (September 30).
Documentation is required for payment.

VII. Agency Contact(s)

Contact the appropriate FTA Regional Administrator (see Appendix C)
for application-specific information and issues. For general program
information, contact Blenda Younger, Office of Program Management,
(202) 366-2053, e-mail: blenda.younger@fta.dot.gov. A TDD is available
at 1-800-877-8339 (TDD/FIRS).

Issued on: April 1, 2005.
Jennifer L. Dorn,
Administrator.

Appendix A--Over-the-Road Bus Accessibility Program Project Proposal
Application (Paper or Electronic Project Narrative)

(See Section IV.2 of Federal Register announcement for detailed
explanation of application content).
In addition to OMB Standard Form 424, Application For Federal
Assistance, provide the following information:

1. Applicant Information
A. Company Name:
B. DUNS Number:
C. For Notification of Project Selection Contact:
Name of Individual:
Address:
FAX:
Telephone number:
D. Describe Services Provided by Company, including Areas
Served:
E. Intercity Fixed-Route Carriers:
----Large/Class I (gross annual operating revenues of $5.3 Million
or more)
----Small (gross annual revenues of less than $5.3 Million)
F. Existing Fleet and Employee Information:
----Total number of over-the-road buses in fleet
----Number of over-the-road buses in fleet used for intercity
fixed-route service
----Number of over-the-road buses intercity-fixed-route service
that currently have lifts
----Number of over-the-road buses in fleet used for Other
Service, e.g., Charter, Tour, & Commuter
----Number of over-the-road buses used in ``other'' service that
currently have lifts
----Number of Employees
G. Estimate of the proportion of service, if any, that is
intercity fixed-route
----% of services is intercity fixed-route.
H. Describe your technical, legal, and financial capacity to
implement the proposed project. Include evidence of operating
authority.
2. Project Information
A. Federal Amount Requested (Up to 90% Federal Share):
Intercity Fixed Route Service:
$------ for ------ New Over-the-road Buses
$------ for ------ Retrofits
$------ for ------ Employees--Training
Other Service (Commuter, Charter, or Tour)
$------ for ------ New Over-the-road Buses
$------ for ------ Retrofits
$------ for ------ Employees--Training
B. If funds are being requested for intercity fixed-route
services, please describe how the service meets the definition of
intercity fixed-route service, including how the service makes
meaningful connections with scheduled intercity bus service to more
distant points.
C. Is service currently listed in ``Russell's Official National
Motor Coach Guide'' ----yes ----no. If yes, provide details. If not,
why not?
D. Document Matching Funds, including Amount and Source:
E. Describe Project, including Components to be funded, i.e.,
Lifts, Tie-downs, Moveable Seats, etc. and/or Training:
F. Provide Project Time Line, including Significant Milestones
such as Date of Contract for Purchase of Vehicle(s), and actual or
expected delivery date of vehicles.
G. Project Evaluation Criteria
Provide information addressing the following criteria:
The identified need for over-the-road bus accessibility
for persons with disabilities in the areas served by the applicant.
(20 points)
The extent to which the applicant demonstrated
innovative strategies and financial commitment to providing access
to over-the-road buses to persons with disabilities. (20 points)
The extent to which the over-the-road bus operator
acquired equipment required by DOT's over-the-road bus accessibility
rule prior to the required time frame in the rule. (20 points)
The extent to which financing the costs of complying
with DOT's rule presents a financial hardship for the applicant. (20
points)
The impact of accessibility requirements on the
continuation of over-the-road bus service with particular
consideration of the impact of the requirements on service to rural
areas and for low income individuals. (20 points)
H. Labor Information
List labor organizations that may represent your
employees and all labor organizations that represent the employees
of any transit providers in the service area of the project.
For each local of a nationally affiliated union,
provide the name of the national organization and the number or
other designation of the local union.
For each independent labor organization, provide the
local information, including: name of organization, address, contact
person, phone and fax numbers.
For transit employee unions in service area of project,
provide information including: contact person, address, telephone
number and fax number for your company and associated union
information.

Appendix B--Federal Fiscal Year 2005 Certifications and Assurances for
the Federal Transit Administration Over-the-Road Bus Accessibility
Grants

This list is a comprehensive compilation of the certifications
and assurances required by Federal law for the OTRB Accessibility
Grants. At the end of this list is a Signature Page on which the
Applicant and its attorney certify compliance with all
certifications and assurances applicable to the OTRB Accessibility
Grants. All Applicants are advised to read the entire text of these
certifications and assurances to be confident of their
responsibilities and commitments.
If an Applicant has submitted the Federal Transit
Administration's (FTA) standard comprehensive Federal Fiscal Year
2005 Certifications and Assurances for Federal Transit
Administration Assistance Programs, the Applicant need not submit
these certifications and assurances. This is because the Categories
I and II of certifications and assurances below are identical,
respectively, to Categories 01 and 02 of FTA's standard
certifications and assurances for Fiscal Year 2005.
References: The Transportation Equity Act for the 21st Century,
Pub. L. 105-178, June 9, 1998, as amended, 49 U.S.C. chapter 53,
Title 23, U.S.C., U.S. DOT and FTA regulations at 49 CFR, joint U.S.
Architectural and Transportation Barriers Compliance Board/U.S. DOT
regulations at 36 CFR Part 1194, and FTA Circulars.

I. Required of Each Applicant

Each Applicant for FTA assistance must provide all
certifications and assurances in this Category ``01.'' FTA may not
award any Federal assistance until the Applicant provides these
certifications and assurances by selecting Category ``I.''

A. Authority of Applicant and Its Representative

The authorized representative of the Applicant and the attorney
who sign these certifications, assurances, and agreements affirm
that both the Applicant and its authorized representative have
adequate authority under applicable state and local law and the
Applicant's by-laws or internal rules to:
(1) Execute and file the application for Federal assistance on
behalf of the Applicant;
(2) Execute and file the required certifications, assurances,
and agreements on behalf of the Applicant binding the Applicant; and
(3) Execute grant agreements with FTA on behalf of the
Applicant.

B. Standard Assurances

The Applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, FTA circulars, and
other Federal requirements in carrying out any project supported by
an FTA grant agreement. The Applicant agrees that it is under a
continuing obligation to comply with the terms and conditions of the
grant agreement issued for its project with FTA. The Applicant
recognizes that Federal laws, regulations, policies, and
administrative practices may be modified from time to time

[[Page 17760]]

and those modifications may affect project implementation. The
Applicant agrees that the most recent Federal requirements will
apply to the project, unless FTA issues a written determination
otherwise.

C. Intergovernmental Review Assurance

The Applicant assures that each application for Federal
assistance it submits to FTA has been or will be submitted, as
required by each state, for intergovernmental review to the
appropriate state and local agencies. Specifically, the Applicant
assures that it has fulfilled or will fulfill the obligations
imposed on FTA by U.S. DOT regulations, ``Intergovernmental Review
of Department of Transportation Programs and Activities,'' 49 CFR
part 17.

D. Nondiscrimination Assurance

As required by 49 U.S.C. 5332 (which prohibits discrimination on
the basis of race, color, creed, national origin, sex, or age, and
prohibits discrimination in employment or business opportunity),
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000d, and U.S. DOT regulations, ``Nondiscrimination in Federally-
Assisted Programs of the Department of Transportation--Effectuation
of Title VI of the Civil Rights Act,'' 49 CFR part 21 at 21.7, the
Applicant assures that it will comply with all requirements of 49
CFR part 21; FTA Circular 4702.1, ``Title VI Program Guidelines for
Federal Transit Administration Recipients,'' and other applicable
directives, so that no person in the United States, on the basis of
race, color, national origin, creed, sex, or age will be excluded
from participation in, be denied the benefits of, or otherwise be
subjected to discrimination in any program or activity (particularly
in the level and quality of transportation services and
transportation-related benefits) for which the Applicant receives
Federal assistance awarded by the U.S. DOT or FTA.
Specifically, during the period in which Federal assistance is
extended to the project, or project property is used for a purpose
for which the Federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long
as the Applicant retains ownership or possession of the project
property, whichever is longer, the Applicant assures that:
(1) Each project will be conducted, property acquisitions will
be undertaken, and project facilities will be operated in accordance
with all applicable requirements of 49 U.S.C. 5332 and 49 CFR part
21, and understands that this assurance extends to its entire
facility and to facilities operated in connection with the project.
(2) It will promptly take the necessary actions to effectuate
this assurance, including notifying the public that complaints of
discrimination in the provision of transportation-related services
or benefits may be filed with U.S. DOT or FTA. Upon request by U.S.
DOT or FTA, the Applicant assures that it will submit the required
information pertaining to its compliance with these requirements.
(3) It will include in each subagreement, property transfer
agreement, third party contract, third party subcontract, or
participation agreement adequate provisions to extend the
requirements of 49 U.S.C. 5332 and 49 CFR part 21 to other parties
involved therein including any subrecipient, transferee, third party
contractor, third party subcontractor at any level, successor in
interest, or any other participant in the project.
(4) Should it transfer real property, structures, or
improvements financed with Federal assistance provided by FTA to
another party, any deeds and instruments recording the transfer of
that property shall contain a covenant running with the land
assuring nondiscrimination for the period during which the property
is used for a purpose for which the Federal assistance is extended
or for another purpose involving the provision of similar services
or benefits.
(5) The United States has a right to seek judicial enforcement
with regard to any matter arising under the Act, regulations, and
this assurance.
(6) It will make any changes in its 49 U.S.C. 5332 and Title VI
implementing procedures as U.S. DOT or FTA may request.

E. Assurance of Nondiscrimination on the Basis of Disability

As required by U.S. DOT regulations, ``Nondiscrimination on the
Basis of Handicap in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance,'' at 49 CFR 27.9, the Applicant
assures that, as a condition to the approval or extension of any
Federal assistance awarded by FTA to construct any facility, obtain
any rolling stock or other equipment, undertake studies, conduct
research, or to participate in or obtain any benefit from any
program administered by FTA, no otherwise qualified person with a
disability shall be, solely by reason of that disability, excluded
from participation in, denied the benefits of, or otherwise
subjected to discrimination in any program or activity receiving or
benefiting from Federal assistance administered by the FTA or any
entity within U.S. DOT. The Applicant assures that project
implementation and operations so assisted will comply with all
applicable requirements of U.S. DOT regulations implementing the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C.
12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts
27, 37, and 38, and any applicable regulations and directives issued
by other Federal departments or agencies.

F. Certifications and Assurances Required by the U.S. Office of
Management and Budget (OMB) (SF-424B and SF-424D)

As required by OMB, the Applicant certifies that it:
(1) Has the legal authority to apply for Federal assistance and
the institutional, managerial, and financial capability (including
funds sufficient to pay the non-Federal share of project cost) to
ensure proper planning, management, and completion of the project
described in its application;
(2) Will give FTA, the Comptroller General of the United States,
and, if appropriate, the state, through any authorized
representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted
accounting standards or agency directives;
(3) Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or
personal gain;
(4) Will initiate and complete the work within the applicable
project time periods following receipt of FTA approval;
(5) Will comply with all applicable Federal statutes relating to
nondiscrimination including, but not limited to:
(a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which
prohibits discrimination on the basis of race, color, or national
origin;
(b) Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT
regulations, ``Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance,'' 49
CFR part 25, which prohibit discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. 794, which prohibits discrimination on the basis of
handicap;
(d) The Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 through 6107, which prohibits discrimination on the basis of
age;
(e) The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-
255, March 21, 1972, and amendments thereto, 21 U.S.C. 1174 et seq.
relating to nondiscrimination on the basis of drug abuse;
(f) The Comprehensive Alcohol Abuse and Alcoholism Prevention
Act of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendments thereto,
42 U.S.C. 4581 et seq. relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(g) The Public Health Service Act of 1912, as amended, 42 U.S.C.
290dd-3 and 290ee-3, related to confidentiality of alcohol and drug
abuse patient records;
(h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq.,
relating to nondiscrimination in the sale, rental, or financing of
housing;
(i) Any other nondiscrimination provisions in the specific
statutes under which Federal assistance for the project may be
provided including, but not limited, to 49 U.S.C. 5332, which
prohibits discrimination on the basis of race, color, creed,
national origin, sex, or age, and prohibits discrimination in
employment or business opportunity, and section 1101(b) of the
Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note,
which provides for participation of disadvantaged business
enterprises in FTA programs; and
(j) Any other nondiscrimination statute(s) that may apply to the
project;
(6) Will comply with, or has complied with, the requirements of
Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, (Uniform
Relocation Act) 42 U.S.C.

[[Page 17761]]

4601 et seq., which, among other things, provide for fair and
equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs.
These requirements apply to all interests in real property acquired
for project purposes regardless of Federal participation in any
purchase. As required by sections 210 and 305 of the Uniform
Relocation Act, 42 U.S.C. 4630 and 4655, and U.S. DOT regulations,
``Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs,'' 49 CFR 24.4, the
Applicant assures that it has the requisite authority under
applicable state and local law to comply with the requirements of
the Uniform Relocation Act, 42 U.S.C. 4601 et seq., and U.S. DOT
regulations, ``Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs,'' 49 CFR
part 24, and will comply with or has complied with that Act and
those implementing regulations, including but not limited to the
following:
(a) The Applicant will adequately inform each affected person of
the benefits, policies, and procedures provided for in 49 CFR part
24;
(b) The Applicant will provide fair and reasonable relocation
payments and assistance as required by 42 U.S.C. 4622, 4623, and
4624; 49 CFR part 24; and any applicable FTA procedures, to or for
families, individuals, partnerships, corporations, or associations
displaced as a result of any project financed with FTA assistance;
(c) The Applicant will provide relocation assistance programs
offering the services described in 42 U.S.C. 4625 to such displaced
families, individuals, partnerships, corporations, or associations
in the manner provided in 49 CFR part 24 and FTA procedures;
(d) Within a reasonable time before displacement, the Applicant
will make available comparable replacement dwellings to displaced
families and individuals as required by 42 U.S.C. 4625(c)(3);
(e) The Applicant will carry out the relocation process in such
manner as to provide displaced persons with uniform and consistent
services, and will make available replacement housing in the same
range of choices with respect to such housing to all displaced
persons regardless of race, color, religion, or national origin;
(f) In acquiring real property, the Applicant will be guided to
the greatest extent practicable under state law, by the real
property acquisition policies of 42 U.S.C. 4651 and 4652;
(g) The Applicant will pay or reimburse property owners for
necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the
understanding that FTA will provide Federal financial assistance for
the Applicant's eligible costs of providing payments for those
expenses, as required by 42 U.S.C. 4631;
(h) The Applicant will execute such amendments to third party
contracts and subagreements financed with FTA assistance and
execute, furnish, and be bound by such additional documents as FTA
may determine necessary to effectuate or implement the assurances
provided herein; and
(i) The Applicant agrees to make these assurances part of or
incorporate them by reference into any third party contract or
subagreement, or any amendments thereto, relating to any project
financed by FTA involving relocation or land acquisition and provide
in any affected document that these relocation and land acquisition
provisions shall supersede any conflicting provisions;
(7) To the extent applicable, will comply with the Davis-Bacon
Act, as amended, 40 U.S.C. 3141 et seq., the Copeland ``Anti-
Kickback'' Act, as amended, 18 U.S.C. 874, and the Contract Work
Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq.,
regarding labor standards for federally assisted subagreements;
(8) To the extent applicable, will comply with the flood
insurance purchase requirements of section 102(a) of the Flood
Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a),
requiring Applicants and their subrecipients in a special flood
hazard area to participate in the program and purchase flood
insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(9) Will comply with the Lead-Based Paint Poisoning Prevention
Act, 42 U.S.C. 4831(b), which prohibits the use of lead-based paint
in the construction or rehabilitation of residence structures;
(10) Will not dispose of, modify the use of, or change the terms
of the real property title or other interest in the site and
facilities on which a construction project supported with FTA
assistance takes place without permission and instructions from the
awarding agency;
(11) To the extent required by FTA, will record the Federal
interest in the title of real property, and will include a covenant
in the title of real property acquired in whole or in part with
Federal assistance funds to assure nondiscrimination during the
useful life of the project;
(12) Will comply with FTA requirements concerning the drafting,
review, and approval of construction plans and specifications of any
construction project supported with FTA assistance. As required by
U.S. DOT regulations, ``Seismic Safety,'' 49 CFR 41.117(d), before
accepting delivery of any building financed with FTA assistance, it
will obtain a certificate of compliance with the seismic design and
construction requirements of 49 CFR part 41;
(13) Will provide and maintain competent and adequate
engineering supervision at the construction site of any project
supported with FTA assistance to ensure that the complete work
conforms with the approved plans and specifications, and will
furnish progress reports and such other information as may be
required by FTA or the state;
(14) Will comply with any applicable environmental standards
that may be prescribed to implement the following Federal laws and
executive orders:
(a) Institution of environmental quality control measures under
the National Environmental Policy Act of 1969, as amended, 42 U.S.C.
4321-4335 and Executive Order No. 11514, as amended, 42 U.S.C. 4321
note;
(b) Notification of violating facilities pursuant to Executive
Order No. 11738, 42 U.S.C. 7606 note;
(c) Protection of wetlands pursuant to Executive Order No.
11990, 42 U.S.C. 4321 note;
(d) Evaluation of flood hazards in floodplains in accordance
with Executive Order 11988, 42 U.S.C. 4321 note;
(e) Assurance of project consistency with the approved state
management program developed pursuant to the requirements of the
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451-
1465;
(f) Conformity of Federal actions to State (Clean Air)
Implementation Plans under section 176(c) of the Clean Air Act of
1955, as amended, 42 U.S.C. 7401-7671q;
(g) Protection of underground sources of drinking water under
the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f-
300j-6;
(h) Protection of endangered species under the Endangered
Species Act of 1973, as amended, 16 U.S.C. 1531-1544; and
(i) Environmental protections for Federal transportation
programs, including, but not limited to, protections for parks,
recreation areas, or wildlife or waterfowl refuges of national,
state, or local significance or any land from a historic site of
national, state, or local significance to be used in a
transportation project as required by 49 U.S.C. 303(b) and (c);
(j) Protection of the components of the national wild and scenic
rivers systems, as required under the Wild and Scenic Rivers Act of
1968, as amended, 16 U.S.C. 1271-1287; and
(k) Provision of assistance to FTA in complying with section 106
of the National Historic Preservation Act of 1966, as amended, 16
U.S.C. 470f; the Archaeological and Historic Preservation Act of
1974, as amended, 16 U.S.C. 469-469c; and Executive Order No. 11593
(identification and protection of historic properties), 16 U.S.C.
470 note;
(15) To the extent applicable, will comply with the requirements
of the Hatch Act, 5 U.S.C. 1501 through 1508, and 7324 through 7326,
which limit the political activities of state and local agencies and
their officers and employees whose primary employment activities are
financed in whole or part with Federal funds including a Federal
loan, grant agreement, except, in accordance with 23 U.S.C. 142(g),
the Hatch Act does not apply to a nonsupervisory employee of a
transit system (or of any other agency or entity performing related
functions) receiving FTA assistance to whom that Act does not
otherwise apply;
(16) Will comply with the National Research Act, Pub. L. 93-348,
July 12, 1974, as amended, 42 U.S.C. 289 et seq., and U.S. DOT
regulations, ``Protection of Human Subjects,'' 49 CFR part 11,
regarding the protection of human subjects involved in research,
development, and related activities supported by Federal assistance;
(17) Will comply with the Laboratory Animal Welfare Act of 1966,
as amended, 7 U.S.C. 2131 et seq., and U.S. Department of
Agriculture regulations, ``Animal Welfare,'' 9 CFR subchapter A,
parts 1, 2, 3, and 4,

[[Page 17762]]

regarding the care, handling, and treatment of warm blooded animals
held or used for research, teaching, or other activities supported
by Federal assistance;
(18) Will have performed the financial and compliance audits as
required by the Single Audit Act Amendments of 1996, 31 U.S.C. 7501
et seq., OMB Circular No. A-133, ``Audits of States, Local
Governments, and Non-Profit Organizations,'' Revised, and the most
recent applicable OMB A-133 Compliance Supplement provisions for the
Department of Transportation; and
(19) Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies governing
the project.

II. Lobbying

An Applicant that submits or intends to submit an application
for Federal assistance exceeding $100,000 must provide the following
certification. FTA may not award Federal assistance exceeding
$100,000 until the Applicant provides this certification by
selecting Category ``II.''
A. As required by U.S. DOT regulations, ``New Restrictions on
Lobbying,'' at 49 CFR 20.110, the Applicant's authorized
representative certifies to the best of his or her knowledge and
belief that for each application for Federal assistance exceeding
$100,000:
(1) No Federal appropriated funds have been or will be paid by
or on behalf of the Applicant to any person to influence or attempt
to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress regarding the award of Federal assistance, or the
extension, continuation, renewal, amendment, or modification of any
Federal assistance agreement; and
(2) If any funds other than Federal appropriated funds have been
or will be paid to any person to influence or attempt to influence
an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with any application for Federal assistance,
the Applicant assures that it will complete and submit Standard
Form-LLL, ``Disclosure Form to Report Lobbying,'' including
information required by the instructions accompanying the form,
which form may be amended to omit such information as authorized by
31 U.S.C. 1352.
(3) The language of this certification shall be included in the
award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants).
B. The Applicant understands that this certification is a
material representation of fact upon which reliance is placed and
that submission of this certification is a prerequisite for
providing Federal assistance for a transaction covered by 31 U.S.C.
1352. The Applicant also understands that any person who fails to
file a required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such
failure.

SIGNATURE PAGE

Certifications and Assurances for the FTA Over-the-Road Bus
Accessibility Program

The Applicant agrees to comply with the applicable requirements
of the following Categories of certifications and assurances it has
selected below:

------------------------------------------------------------------------
Category Description
------------------------------------------------------------------------
I......................... Required of Each Applicant..... ...........
II........................ Lobbying....................... ...........
------------------------------------------------------------------------

AFFIRMATION OF APPLICANT

Name of Applicant:-----------------------------------------------------
Name and Relationship of Authorized Representative:--------------------
-----------------------------------------------------------------------

BY SIGNING BELOW, on behalf of the Applicant, I declare that the
Applicant has duly authorized me to make the certifications and
assurances set forth above and bind the Applicant's compliance.
Thus, the Applicant agrees to comply with all Federal statutes,
regulations, executive orders, and Federal requirements applicable
to each application it makes to the Federal Transit Administration
(FTA) in Federal Fiscal Year 2005.
FTA intends that the certifications and assurances the Applicant
selects above, as representative of the certifications and
assurances in set forth in this document, should apply, as required,
to each Over-the-Road Bus Accessibility Grant for which the
Applicant seeks now, or may later, seek FTA assistance during
Federal Fiscal Year 2005.
The Applicant affirms the truthfulness and accuracy of the
certifications and assurances it has made in the statements
submitted herein with this document and any other submission made to
FTA, and acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S.
DOT regulations, ``Program Fraud Civil Remedies,'' 49 CFR part 31
apply to any certification, assurance or submission made to FTA. The
criminal fraud provisions of 18 U.S.C. 1001 apply to any
certification, assurance, or submission made in connection with a
Federal Transit program authorized in Chapter 53 or any other
statute.
In signing this document, I declare under penalties of perjury
that the foregoing certifications and assurances, and any other
statements made by me on behalf of the Applicant are true and
correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Name:------------------------------------------------------------------

Authorized Representative of Applicant

SIGNATURE PAGE

AFFIRMATION OF APPLICANT'S ATTORNEY

For (Name of Applicant):
-----------------------------------------------------------------------

As the undersigned Attorney for the above named Applicant, I
hereby affirm to the Applicant that it has authority under state and
local law to make and comply with the certifications and assurances
as indicated on the foregoing pages. I further affirm that, in my
opinion, the certifications and assurances have been legally made
and constitute legal and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my
knowledge, there is no legislation or litigation pending or imminent
that might adversely affect the validity of these certifications and
assurances, or of the performance of the project.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Name:------------------------------------------------------------------

Attorney for Applicant

Each Applicant for an FTA Over-the-Road Bus Accessibility Grant
must provide an Affirmation of Applicant's Attorney pertaining to
the Applicant's legal capacity. The Applicant may enter its
signature in lieu of the Attorney's signature, provided the
Applicant has on file this Affirmation, signed by the attorney and
dated this Federal fiscal year.

(These Signature Pages must be appropriately completed and signed as
indicated.)

Appendix C--FTA Regional Offices

Region I--Massachusetts, Rhode Island, Connecticut, New
Hampshire,Vermont and Maine
Richard H. Doyle, FTA Regional Administrator, Volpe National
Transportation Systems Center, Kendall Square, 55 Broadway, Suite
920, Cambridge, MA 02142-1093, (617) 494-2055
Region II--New York, New Jersey, Virgin Islands
Letitia Thompson, FTA Regional Administrator, One Bowling Green,
Room 429, New York, NY 10004-1415, (212) 668-2170
Region III--Pennsylvania, Maryland, Virginia, West Virginia,
Delaware, Washington, DC
Susan Borinsky, FTA Regional Administrator, 1760 Market Street,
Suite 500, Philadelphia, PA 19103-4124, (215) 656-7100
Region IV--Georgia, North Carolina, South Carolina, Florida,
Mississippi, Tennessee, Kentucky, Alabama, Puerto Rico
Hiram J. Walker, FTA Regional Administrator, 61 Forsyth Street,
SW., Suite 17T50, Atlanta, GA 30303, (404) 562-3500
Region V--Illinois, Indiana, Ohio, Wisconsin, Minnesota, Michigan
Joel Ettinger, FTA Regional Administrator, 200 West Adams
Street, Suite 320, Chicago, IL 60606-5232, (312) 353-2789
Region VI--Texas, New Mexico, Louisiana, Arkansas, Oklahoma
Robert Patrick, FTA Regional Administrator, 819 Taylor Street,
Room 8A36, Ft. Worth, TX 76102, (817) 978-0550
Region VII--Iowa, Nebraska, Kansas, Missouri
Mokhtee Ahmad, Regional Administrator, 901 Locust Street, Suite
404, Kansas City, MO 64106, (816) 329-3920
Region VIII--Colorado, North Dakota, South Dakota, Montana, Wyoming,
Utah
Lee Waddleton, FTA Regional Administrator, 12300 West Dakota

[[Page 17763]]

Avenue Suite 310, Lakewood, CO 80228-2583, (720) 963-3300
Region IX--California, Arizona, Nevada, Hawaii, American Samoa, Guam
Leslie Rogers, FTA Regional Administrator, 201 Mission Street,
Suite 2210, San Francisco, CA 94105-1831, (415) 744-3133
Region X--Washington, Oregon, Idaho, Alaska
Richard Krochalis, FTA Regional Administrator, Jackson Federal
Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174-1002,
(206) 220-7954
[FR Doc. 05-6856 Filed 4-6-05; 8:45 am]

BILLING CODE 4910-57-P