[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56892-56896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se08-114]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2007-29122]
Grant Management Guidance
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Final Circular.
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site (http://www.fta.dot.gov) guidance in the
form of Circular 5010.1D, Grant Management Requirements, which circular
replaces FTA's prior Grant Management Circular 5010.1C. Circular
5010.1D includes information pertaining to new and existing FTA
programs; incorporates provisions of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU);
discusses the circumstances under which a grantee may request budget
revisions and grant amendments; identifies useful life standards for
trolleys, ferry boats, and facilities; and increases the threshold that
determines whether FTA must approve a real estate appraisal.
DATES: The effective date of the circular is November 1, 2008.
FOR FURTHER INFORMATION CONTACT: For program questions, please contact
MaryAnne Polkiewicz at 202-366-0203 or maryanne.polkiewicz@dot.gov. For
legal questions, please contact Jayme L. Blakesley at 202-366-0304 or
jayme.blakesley@dot.gov.
SUPPLEMENTARY INFORMATION:
Availability of Final Circular
The final circular is not included with this document. You may
download an electronic copy of the circular from FTA's Web site at
http://www.fta.dot.gov. From the home page, click on ``Legislation,
Regulations and Guidance'' and on that page click on ``Circulars.''
Circulars are listed in numerical order; the Grant Management Circular
is number 5010.1D. Paper copies of the circular may be obtained by
calling FTA's Administrative Services Help Desk at 202-366-4865.
You may retrieve the circular and comments online through the
Federal Document Management System (FDMS) at: http://
www.regulations.gov. Enter docket number 29122 in the search field.
Instructions on using FDMS can be found under the help section of the
Web site.
Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
B. Chapter II--Circular Overview
C. Chapter III--Grant Administration
D. Chapter IV--Project Management
E. Chapter V--Oversight
F. Chapter VI--Financial Management
G. Appendices
I. Overview
This notice provides a summary of changes to FTA's Grant Management
Circular. The prior Grant Management Circular was numbered C 5010.1C.
This new Grant Management Circular is numbered C 5010.1D. This final
Circular 5010.1D supersedes Circular 5010.1C.
This notice addresses comments received in response to the
September 28, 2007, Federal Register notice (72 FR 55629, Notice of
Proposed Guidance and Request for Comment on the Federal Transit
Administration's Grant Management Requirements FTA Circular 5010.1D).
FTA received comments from nine parties, including an industry
association, transit agencies, and State departments of transportation
(State DOTs).
FTA has adopted most of the proposed formatting changes published
in the proposed circular. For example, we changed the format to make
this circular consistent with the style of other circulars FTA is
updating while maintaining some consistency with the previous document.
Substantive changes in content and comments to the
[[Page 56893]]
proposed circular are discussed in the Chapter-by-Chapter Analysis
heading.
One commenter noted that in the September 28, 2007, Federal
Register notice FTA titled proposed Circular 5010.1D ``Grant Management
Requirements.'' This commenter asked FTA to change the title to ``Grant
Management Guidelines.'' FTA disagrees with this change. The
requirements in the circular are based on existing regulation.
The cover page to Circular 5010.1D includes a statement at Section
(6) that ``FTA reserves the right to update this circular to reflect
changes in other revised or new guidance and regulations that undergo
notice and comment without further notice and comment on this
circular.'' One commenter objected to this statement, arguing that all
changes should be subject to notice and comment. FTA disagrees. When
the revision of a circular or regulation includes an opportunity for
notice and comment, there is no need to duplicate that effort for each
circular affected by such revision.
One commenter lauded FTA, noting that the expanded narrative and
examples are positive improvements. This commenter and one other stated
that FTA could improve Circular 5010.1D by adding more references or
Web addresses. FTA agrees with this commenter and will include Web
addresses in the electronic version of Circular 5010.1D.
Three commenters asked FTA to clarify the difference between the
terms grantee, recipient, and subrecipient. FTA has added language to
Circular 5010.1D stating that it uses the terms grantee and recipient
interchangeably, and clarifying its pass-thru policies.
II. Chapter-by-Chapter Analysis
As a preliminary matter, some commenters had non-substantive
comments, such as formatting suggestions, a suggestion to remove
references to old Federal Register notices, to include specific terms
in the index, and to do a thorough review of the draft for typos,
cross-referencing errors, and the like. We have removed the old Federal
Register references, made some, but not all, of the suggested
formatting changes, added terms to the index, and we have thoroughly
reviewed the document in an effort to remove the errors noted by
commenters. Furthermore, we have reordered the sections of some of the
chapters to provide the material in a more organized fashion. Some
comments were outside the scope of the proposed circular, and we have
not addressed those comments in either the circular or this Federal
Register notice.
A. Chapter I--Introduction and Background
Chapter I introduces the Federal Transit Administration (FTA) and
its authorizing legislation (49 U.S.C. Chapter 53). It also instructs
readers on how to contact FTA and how to find out about competitive
grant opportunities using Grants.gov. Finally, Chapter I defines all
terms-of-art used in Circular 5010.1D.
One commenter asked FTA to change its definition of ``real
property'' to conform to certain State provisions that define real
property to include machinery and equipment that are fixtures. After
careful consideration, FTA has decided against changing its definition
of real property.
The same commenter asked FTA to revise its definitions of
``equipment'' and ``supplies'' so that the dollar value thresholds are
comparable. This commenter asked FTA to raise the ceiling for supplies
to $25,000. FTA declines to revise its definitions of ``equipment'' and
``supplies.'' These definitions are based on the definitions and
requirements at 49 CFR part 18--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (also
known as the Common Grant Rule).
One commenter noted that by defining a budget revision to include
the addition or deletion of an activity line item (ALI) in FTA's
Transportation Electronic Award and Management (TEAM) system, the
proposed circular appeared to contradict prior FTA guidance. FTA notes
that this change is intentional and in the instance of any such
contradictions, Circular 5010.1D supersedes prior versions of the
circular.
One commenter recommended that the proposed definition for
discretionary funding should be revised to read ``grant funds
distributed at the discretion of the agency, or Congress, as distinct
from formula funding.'' Except for ``or Congress,'' FTA has
incorporated this language into the final version of Circular 5010.1D.
Another commenter suggested that FTA revise its definition of
straight line depreciation. FTA has modified its definition
accordingly.
Another commenter asked FTA to define ECHO. FTA has added a
definition of ECHO-Electronic Clearing House Operation.
One commenter noted discrepancies in FTA's use of the term ``force
account.'' This same commenter asked FTA to add information about the
Catalog of Federal Domestic Assistance (CFDA). The definition of force
account has been revised and Catalog of Federal Domestic Assistance has
been added to the definition section.
Another commenter asked FTA to clarify whether a Native American
tribe is considered a local government authority. FTA has edited the
introduction section to include federally recognized Indian tribes and
a definition of Tribal Government from 43 U.S.C. 1601.
One commenter asked FTA to state that the Common Rule (49 CFR part
18) applies to all FTA grantees. FTA has added language making clear
the applicability of the Common Rule.
B. Chapter II--Circular Overview
Chapter II provides an overview of Circular 5010.1D, including
applicable program descriptions, grant management responsibilities, and
Federal civil rights requirements.
One commenter suggested that the applicable program descriptions
should include fewer details. FTA disagrees. FTA is using the same
program descriptions in all of its circulars to reduce the need for ad
hoc revisions to each circular whenever programs change.
The same commenter asked FTA to consider adding under its role that
FTA may utilize a Project Management Oversight Consultant to aid in its
management of grants. FTA declines to make this revision, noting that
this is explained in Chapter V, Oversight.
One commenter said it was redundant for FTA to provide an
introduction under the heading ``Responsibilities of Grant Management''
and to add another list of specifications. FTA disagrees. These
sections are similar but not identical.
Another commenter asked FTA to review the list of Civil Rights
requirements to ensure that it includes the proper thresholds. FTA has
updated Circular 5010.1D accordingly.
C. Chapter III--Grant Administration
Chapter III discusses the mechanics and requirements for grant
administration, including the grant application process, reporting
requirements, and grant modifications (including budget revisions).
One commenter noted that FTA's TEAM system requires FTA approval on
all budget revisions. As noted, TEAM does not recognize the difference
between budget revisions that do and do not require FTA approval.
Accordingly, grantees may continue to make certain budget revisions
without prior FTA approval.
[[Page 56894]]
This same commenter asked FTA to add descriptions of size and
physical characteristics to Subsection 4.a(3)(e). FTA declines to add
more detail to this subsection, for any change in size or physical
characteristic would require FTA approval. Even the smallest change in
the size or physical characteristic, such as the difference between
surface or structured parking, could affect FTA and grantee
responsibilities under the National Environmental Policy Act or other
Federal requirements.
One commenter urged FTA to enlarge the universe of changes that may
be made without pre-approval. FTA disagrees with this commenter.
Circular 5010.1D strikes a balance between flexibility and good
stewardship. To allow greater flexibility would risk the misuse of
Federal funds.
With respect to spare vehicles, another commenter suggested that as
long as the spare ratio requirements are maintained and funds are
available within the rolling stock scope or other scopes, FTA should
permit grantees to make revisions regarding fleet number without prior
FTA approval. FTA disagrees with this commenter. Prior FTA approval
must be obtained for revenue rolling stock, whenever the budget
revision changes the number of vehicles to be purchased by more than
two units (for grants with fewer than 10 vehicles) or more than 20
percent from the quantity identified in the original grant. The grantee
must continue to meet FTA bus spare ratio requirements for any change
in the number of revenue rolling stock. If the change in the number of
revenue rolling stock exceeds 20 percent, the budget revision must be
supported by a Rolling Stock Status Report.
Another commenter noted that the addition or deletion of ALIs
represents significant changes to the purpose of a grant and asked FTA
to clarify the difference between revisions and amendments. This same
commenter asked FTA to establish time limits for processing budget
revisions and to advise grantees whenever administrative amendments are
anticipated. FTA appreciates these suggestions. With respect to the
difference between budget revisions and grant amendments, FTA has
included language in Circular 5010 distinguishing between budget
revisions, administrative amendments, and grant amendments.
A budget revision is any change within the scope that impacts
budget allocations of the original grant. A budget revision may be a
transfer of funds within a project scope or between existing ALIs
within an approved grant. It could also include the addition or
deletion of an ALI.
An administrative amendment is a minor change in a grant agreement
normally initiated by FTA to modify or clarify certain terms,
conditions, or provisions of a grant. A grant amendment is the
modification of a grant that includes a change in scope and/or a change
in Federal funds. With respect to establishing time limits for
processing budget revisions and grant amendments, FTA agrees with the
commenter but believes that such timeframes are best made through
internal standard operating procedures (SOPs) and not through this
circular.
FTA proposed requiring prior approval for budget revisions for all
grants with a Federal share of more than $100,000 and if the change in
the cumulative amount of funds allocated to each scope from the
originally approved scope exceeds 20 percent. One commenter asked FTA
to rethink the $100,000 threshold. This commenter suggests applying the
20 percent rule to all grants, regardless of whether the Federal share
exceeds $100,000. The $100,000 threshold is based on the Common Grant
Rule requirements at 49 CFR part 18--Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments.
One commenter asked FTA to inform the grantee when FTA is about to
take any unilateral action with respect to a grant, especially if that
action relates to closing out a grant. FTA agrees. Although it is
common practice to inform the grantee of such actions, FTA will
reemphasize the need to contact grantees before taking unilateral
action to close out a grant.
This same commenter asked FTA to explain why the ``details''
section in TEAM limits text to 60 characters. FTA instructs its
grantees to use the attachment feature if 60 characters are
insufficient.
One commenter pointed out that, contrary to its statement in the
Federal Register, FTA did not indicate in proposed Circular 5010.1D how
it has changed its use of the term ``scope.'' FTA agrees with this
commenter and clarified the definitions of scope and activity line
items (ALIs).
Milestone/progress reporting for all Section 5309 grant recipients,
regardless of location and population area, has been revised to reflect
the requirement to submit quarterly reports in TEAM when grants include
construction of a facility.
In the records retention section of its proposed guidance, FTA
noted that photocopies are acceptable. One commenter asked FTA to
expand this policy to include other formats such as microfiche or
digitally scanned documents. FTA has examined this comment and added
language to Circular 5010.1D that allows for other formats.
D. Chapter IV--Project Management
Real property, equipment and supplies, rolling stock, and
facilities purchased or constructed for project purposes must be
managed, used, and disposed of in accordance with applicable laws and
regulations. Chapter IV provides guidance on the management, use, and
disposition of FTA funded real property, equipment, supplies, rolling
stock, and facilities.
One commenter asked why FTA decided to include real property in its
Grant Management Circular and not in its Procurement Circular. FTA
notes that it may need to include a section on real property in its
Procurement Circular, but declines to remove it from Circular 5010.1D.
Another commenter applauded FTA's proposal to raise the threshold
for appraisal concurrence from $100,000 to $500,000, but asked FTA to
consider increasing the threshold to $1,000,000. While FTA appreciates
this comment, it is still common for FTA to discover incorrect
appraisals. For this reason, FTA will not increase the threshold to
$1,000,000.
One commenter asked FTA to better explain the conditions that may
warrant the use of a grantee's own labor forces, commonly referred to
as force account. FTA has added the following conditions to Circular
5010.1D: (1) Cost savings, (2) exclusive expertise, (3) safety and
efficiency of operations, and (4) union agreement.
A commenter stated that FTA should require its grantees to notify
FTA of excess land as soon as it becomes excess, and asked that such
notification include a disposition proposal and schedule for
disposition. FTA does not agree with this commenter. Grantees must
notify FTA when property is removed from the service originally
intended. The notification must include the anticipated disposition or
action proposed.
Previously, FTA would rely upon a grantee's expertise when
determining the useful life for assets other than rolling stock. One
commenter asked FTA to continue this practice instead of fixing a
useful life for all assets. FTA disagrees with this commenter. By
establishing a useful life for facilities, FTA ensures consistency
across projects and regions. Where a useful life policy has not been
defined by FTA, the
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grantee, in consultation with the FTA regional or metropolitan office
shall ``make the case'' by identifying a useful life period for all
equipment and facilities with an acquisition value greater than $5,000
to be procured with Federal funds. In the grant application, the
grantee shall propose and identify a useful life for the capital asset
to be purchased with Federal funds. FTA approval of the grant
represents FTA concurrence of the final determination of useful life
for the purpose of project property acquisition. This in turn will
identify the useful life of the Federal interest for the disposition of
the project property in later years. Acceptable methods to determine
useful life include but are not limited to:
(a) Generally accepted accounting principles.
(b) Independent evaluation.
(c) Manufacturer's estimated useful life.
(d) Internal Revenue Service guidelines.
(e) Industry standards.
(f) Grantee experience.
(g) The grantee's independent auditor who needs to concur that the
useful life is reasonable for depreciation purposes.
(h) Proven useful life developed at a Federal test facility.
Useful Life of a fixed guideway electric trolley-bus with rubber
tires obtaining traction from overhead catenary has been revised to be
15 years from previously proposed 18 years.
One commenter stated that FTA's proposal concerning vehicles
removed from service because of fire, collision, or natural disaster
inappropriately shifts risk to its grantees, noting that the existing
circular looks to the post-event value of the vehicle to measure the
remaining Federal interest while the proposed circular would refer to
the pre-event value. This commenter urged FTA to maintain the existing
policy. FTA disagrees. The policy articulated in Circular 5010.1D is
consistent with FTA's Master Agreement and current FTA practice.
Similar to Circular 5010.1D, Section 19.h(b)(1) of FTA's Master
Agreement states that the fair market value of project equipment and
supplies shall be the value immediately before the occurrence prompting
the withdrawal of the equipment or supplies from appropriate use. In
the case of project equipment or supplies lost or damaged by fire,
casualty, or natural disaster, the fair market value shall be
calculated on the basis of the condition of the equipment or supplies
immediately before the fire, casualty, or natural disaster,
irrespective of the extent of insurance coverage.
One commenter asked FTA to consider adopting the practice of
communicating directly with the grantee receiving a new grant award,
perhaps by modifying TEAM to include a facility for automatically
advising grantee contacts by e-mail when FTA revises the grant's status
or inputs comments. FTA is looking at improving TEAM accordingly. In
the meantime, FTA's regional offices will make every effort to contact
grantees when modifying a grant application or award.
Several parties offered comments on the reporting requirements
articulated in proposed Circular 5010.1D. Please note that FTA has made
its best effort to avoid duplicative reporting requirements. Moreover,
FTA notes that the reporting requirements may vary depending on the
size of the grantee, the type of funding, or the amount of funding a
grantee receives. Please contact the regional or metropolitan office
with questions regarding the applicability of the reporting
requirements of Chapter III. With respect to requiring grantees to
state the useful life of an asset in its grant application, FTA is
ensuring that it can verify the use and disposition of that asset
throughout its useful life.
Another commenter identified several misnumbered sections in this
chapter. FTA has corrected these errors.
A State DOT asked FTA to clarify language regarding its Equal
Employment Opportunity programs to apply to more than just transit
agencies. FTA has modified Chapter III accordingly.
The same commenter noted that the National Transit Database Safety
and Security Reporting requirement is exclusive to urban areas. FTA
agrees and has clarified this point.
Another State DOT asked FTA to note that there is no minimum
vehicle threshold for reporting in the nonurbanized program. FTA agrees
and has modified Circular 5010.1D accordingly.
One commenter stated its understanding that 49 U.S.C. 5334(h)(1)-
(3) applies to transferring property that has not met useful life
standards, and suggested that FTA amend the circular text to include
this statement. FTA agrees and has modified Circular 5010.1D
accordingly.
The same commenter noted that insurance proceeds set the current
fair market value of an asset and that the Federal share is based upon
this number. FTA refers this commenter to the following language from
FTA's Master Agreement: In the case of Project equipment or supplies
lost or damaged by fire, casualty, or natural disaster, the fair market
value shall be calculated on the basis of the condition of the
equipment or supplies immediately before the fire, casualty, or natural
disaster, irrespective of the extent of insurance coverage.
One commenter identified several inadvertent omissions from the
section on real property. FTA has updated this section in accordance
with the Department's Uniform Relocation Act regulations.
Two parties asked FTA to distinguish between rebuilding and
overhauling a vehicle or system. Accordingly, FTA has updated Circular
5010.1D to distinguish between overhaul and rebuild. Overhaul is
performed as a planned or concentrated preventative maintenance
activity and is intended to enable the rolling stock to perform to the
end of its original useful life. Rebuild is a capital expense incurred
at or near the end of the useful life of rolling stock that results in
a new useful life for the rolling stock that is consistent with the
extent of the rebuilding.
One commenter asked FTA to clarify when a grantee or recipient must
return insurance money that it receives from a subrecipient. FTA's
Master Agreement in Section 19, Subsection i states that if the
recipient receives insurance proceeds as a result of damage or
destruction to the project property, the recipient agrees to: (1) Apply
those insurance proceeds to the cost of replacing the damaged or
destroyed Project property taken out of service, or (2) Return to the
Federal Government an amount equal to the remaining Federal interest in
the damaged or destroyed Project property.
Another commenter asked FTA to clarify when a grantee should submit
a Project Management Plan (PMP) to FTA as a prerequisite to grant
approval. According to FTA's Project Management Oversight rule, 49 CFR
part 633, for all major capital projects, the grantee must submit a PMP
as part of its grant application.
Several commenters expressed concern that FTA proposes to include
useful life determination in grant agreements and that the minimum
threshold for such determinations is $5,000. FTA disagrees with these
commenters. According to the Common Grant Rule, every asset over $5,000
must be accounted for. Indirectly, this means that every asset over
$5,000 must have a useful life.
E. Chapter V--Oversight
Chapter V discusses FTA oversight. FTA evaluates grantee adherence
to program and administrative requirements through a comprehensive
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oversight program. FTA's Master Agreement specifies these requirements.
FTA determines compliance through self-certification, oversight review
and audits, and site visits. FTA annually completes an individual
Grantee Oversight Assessment Questionnaire, which serves as baseline
information for each grantee's capacity to comply, and the degree of
the risk the grantee's program may represent for the Federal program.
Based on this information, FTA makes decisions about which grantees
will receive oversight reviews during the coming year. Regional staff
uses the information to develop regional oversight plans and to
allocate oversight resources within the region for the upcoming fiscal
year, which may include oversight reviews, regional meetings, and/or
regional site visits.
One commenter asked FTA to add its Job Access Reverse Commute
(JARC) and New Freedom Programs to the list of programs covered by
State Management Reviews. FTA only listed programs for which it is
authorized to withhold a percentage for oversight activities. FTA
retains the right to review any of its programs through State
Management Reviews.
F. Chapter VI--Financial Management
Chapter VI discusses the proper use and management of Federal funds
FTA expects from its grantees. Financial management is one of the most
important practices in the management of Federal funds.
One commenter asked FTA to define the Cash Basis of Accounting and
its permissible use. Definitions have been added.
Another commenter asked FTA to clarify whether a specific form is
required for documenting internal controls. FTA notes that the form
checklist provided in Circular 5010.1D is not mandatory. FTA has
provided it to those transit properties that do not currently do their
own testing. FTA has modified Circular 5010.1D to make clear that this
form is a tool, not a requirement.
G. Appendices
One commenter noted that Appendix C, Guide for Preparing an
Appraisal Scope of Work, is excellent guidance and asked FTA to include
a review appraisal scope of work. FTA agrees with this comment and has
indicated that the Guide for Preparing an Appraisal Scope of work can
also be used for a review appraisal.
Appendix D, Fleet Status Report, has been renamed and revised so as
to not be confused with the Fleet Status Report screen in TEAM. The new
name is Rolling Stock Status Report. The use of this report is limited
to disposing of a vehicle that has met minimum useful life and fair
market value is greater than $5,000, disposing of a vehicle before it
reaches minimum useful life, or requesting a budget revision affecting
vehicles.
Issued in Washington, DC, this 22nd day of September, 2008.
James S. Simpson,
Administrator.
[FR Doc. E8-22891 Filed 9-29-08; 8:45 am]
BILLING CODE 4910-57-P