[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4284-4285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja09-122]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2009-0003]
Notice of Proposed Policy Statement for Eligible New Freedom
Projects
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
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SUMMARY: The Federal Transit Administration (FTA) is proposing to
expand the type of projects it considers to be ``beyond the ADA'' and
thus increase the types of projects eligible for funding under the New
Freedom program. Under the proposed interpretation, new and expanded
fixed route and demand responsive transit service designed to meet the
needs of individuals with disabilities would be eligible projects.
DATES: FTA must receive all comments by February 23, 2009. FTA will
consider late-filed comments to the extent practicable.
ADDRESSES: To ensure your comments are not entered more than once into
the Docket, please identify your submissions with the following Docket
No. FTA-2009-0003. Please make your submissions by only one of the
following means:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments.
Fax: 1-202-493-2251.
U.S. Post or Express Mail: U.S. Department of Transportation,
Docket Operations, West Building Ground Floor, Room W12-140, 1200 New
Jersey Ave., SE., Washington, DC 20590.
Hand Delivery: The West Building of the U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Instructions: You must include the agency name (Federal Transit
Administration) and the Docket number (FTA-2009-0003) at the beginning
of your comment. You should include two copies of your comment if you
submit it by mail. If you wish to receive confirmation that FTA
received your comment, you must include a self-addressed stamped
postcard. Note that FTA will post all comments that it receives,
including any personal information provided therein, without change to
http://www.regulations.gov.
Due to security procedures in effect since October 2001 regarding
mail deliveries, mail received through the U.S. Postal Service may be
subject to delays. Anyone submitting a comment responsive to this
notice should consider using an express mail firm to ensure the prompt
filing of any submissions not filed electronically or by hand.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division, Office of Chief Counsel, Federal
Transit Administration, 1200 New Jersey Ave., SE., Washington, DC
20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-mail,
Bonnie.Graves@dot.gov; or David Schneider, same address, (202) 493-
0175, or e-mail, David.Schneider@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
The New Freedom Program (49 U.S.C 5317) was established to fund
capital and operating expenses that support new public transportation
services and public transportation alternatives beyond those required
by the Americans with Disabilities Act (ADA), in order to assist
individuals with disabilities with transportation, including
transportation to and from jobs and employment support services.
When developing guidance for the New Freedom program, FTA initially
proposed that ``new public transportation services'' and ``public
transportation alternatives beyond those required by the ADA'' be
considered separate categories of service. (See 71 FR 13456, Mar. 15,
2006). Subsequent to this notice, FTA received feedback from the
Congressional authors of the New Freedom program that projects that do
not meet both criteria--new and beyond the ADA--are not eligible for
funding.
FTA also determined that projects are ``beyond the ADA'' only if
they allow a recipient to exceed its obligations under the ADA. For
example, because the ADA and its implementing regulations at 49 CFR
parts 37 and 38 provide very specific minimum requirements for
complementary paratransit service when an agency provides fixed route
service, New Freedom funds can be used to expand the scope of ADA
complementary paratransit service beyond the minimum requirements
stipulated in the ADA regulations at 49 CFR part 37. On the other hand,
the ADA does not require that a minimum level of public transit service
be provided in any given area. Once service is provided, however, it
must be ADA compliant, so FTA determined that projects to establish or
expand fixed route or demand responsive service would not result in an
agency exceeding its obligations under the ADA, and therefore would not
be eligible for New Freedom funding. This interpretation was conveyed
in subsequent Federal Register notices on the New Freedom program (71
FR 52610, Sept. 6, 2006, and 72 FR 14851, Mar. 29, 2007) and in the
Frequently Asked Questions document on FTA's website: http://
www.fta.dot.gov/funding/grants/grants_financing_3549.html.
Over the past several months, grant recipients have expressed
concerns that FTA's interpretation of which projects go ``beyond the
ADA'' prevents agencies in rural and small urbanized areas with limited
public transportation service from using New Freedom funds to provide
new fixed route or demand response service targeted to meet the
[[Page 4285]]
needs of people with disabilities. Stakeholders argue that these types
of projects do go ``beyond the ADA'' because they represent
transportation services that are not required under the Act or under
the U.S. DOT ADA implementing regulations.
Although stakeholders in areas with limited public transportation
service can use New Freedom funds to implement new alternatives to
public transportation, such as accessible taxis, travel training, and
mobility management, many potential recipients have informed FTA that
their greatest need is for new fixed route or demand responsive
transportation services for people with disabilities.
Proposed FTA Policy
FTA proposes that new or expanded fixed route service and new or
expanded demand response service would be eligible for New Freedom
funding provided that:
(1) The service is identified in the locally developed, coordinated
public transit-human services transportation plan;
(2) The service is designed to meet the needs of individuals with
disabilities;
(3) The service removes barriers to transportation and assists
persons with disabilities with transportation;
(4) The service was not operational on August 10, 2005, and did not
have an identified funding source as of August 10, 2005, as evidenced
by inclusion in the Transportation Improvement Program (TIP) or the
State Transportation Improvement Program (STIP); and
(5) The service is not designed to allow an agency to meet its
obligations under the ADA or the DOT ADA implementing regulations at 49
CFR parts 37 and 38.
This policy change retains the existing requirement that services
under the program be ``new'' services and adopts the interpretation
voiced by transportation providers that transit services other than
those that are required to be implemented under the ADA go ``beyond the
ADA.'' Examples of newly eligible projects would be fixed route service
extended to serve a congregate living facility or a workplace serving
large numbers of individuals with disabilities; new or expanded demand
responsive service, including new hours or days of operation, or
increased geographic coverage, to meet the needs of individuals with
disabilities. FTA encourages transit providers to include the general
public in any service that is added, that is, that providers not create
new ``silo'' transportation that is limited to individuals with
disabilities. FTA also notes that expanded fixed route service may
result in expanded ADA complementary paratransit service; since the ADA
complementary paratransit service is required under the ADA, it would
not be eligible for New Freedom funding. All new or expanded fixed
route and demand responsive services funded under the New Freedom
program will be subject to the requirements of the ADA and DOT ADA
implementing regulations.
Issued in Washington, DC, this 15th day of January 2009.
Severn E.S. Miller,
Acting Deputy Administrator.
[FR Doc. E9-1412 Filed 1-22-09; 8:45 am]
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