[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50273-50275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23584]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Docket No. FTA-2009-0010]
Urbanized Area Formula Program: Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Proposed Circular.
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site, proposed guidance in the form of a circular
to assist grantees in implementing the Urbanized Area Formula Program
(Section 5307). The Urbanized Area Formula Program provides grants for
capital, planning, and some operating projects in urbanized areas. By
this notice, FTA invites public comment on the proposed circular
9030.1D, Urbanized Area Formula Program: Program Guidance and
Application Instructions for the program.
DATES: Comments must be submitted by November 30, 2009. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: You may submit comments identified by the docket number
[FTA-2009-0010] by any of the following methods:
1. Federal eRulemaking Portal: Go to www.regulations.gov. Follow
the online instructions for submitting comments on the U.S. Government
electronic docket site.
2. Fax: 202-493-2251.
3. Mail: U.S. Department of Transportation, 1200 New Jersey Ave.,
SE., Docket Operations, M-30, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
4. Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Ave., SE., Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 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 Docket number (FTA-2009-0010) for this notice at
the beginning of your comments. You should submit two copies of your
comments if you submit them by mail. If you wish to receive
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be
posted without change to www.regulations.gov including any personal
information provided and will be available to internet users. You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477). Docket: For access to the
docket to read background documents and comments received, go to
www.regulations.gov at any time or to the U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Docket Operations, M-30,
West Building Ground Floor, Room W12-140, Washington, DC 20590 between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Henrika Buchanan-Smith, Office of
Program Management, Federal Transit Administration, 1200 New Jersey
Ave., SE., East Building, Fourth Floor, Washington, DC 20590, phone:
(202) 366-5080, fax: (202) 366-7951, or e-mail, [email protected]; or Richard Wong, Office of Chief Counsel, Federal
Transit Administration, 1200 New Jersey Ave., SE., East Building, Fifth
Floor, Washington, DC 20590, phone: (202) 366-0675, fax: (202) 366-
3809, or e-mail, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
B. Chapter II--Program Overview
C. Chapter III--General Program Information
D. Chapter IV--Program Development
E. Chapter V--Coordinated Planning
[[Page 50274]]
F. Chapter VI--Program Management and Administrative
Requirements
G. Chapter VII--Other Provisions
H. Appendices
I. Overview
This notice provides a summary of proposed changes to FTA Circular
9030.1C, Urbanized Area Formula Program: Grant Application
Instructions. The Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, signed
into law on August 10, required changes to the Urbanized Area Formula
Program (Section 5307 program). FTA is updating the existing circular,
developed in 1998, to reflect changes in the law. The final circular,
when adopted, will supersede the existing circular.
This document does not include the proposed circular; an electronic
version is available on FTA's Web site, at http://www.fta.dot.gov.
Paper copies of the circular may be obtained by contacting FTA's
Administrative Services Help Desk, at (202) 366-4865.
Readers familiar with the existing FTA Circular 9030.1C will notice
that FTA is proposing a complete reorganization to make this circular
consistent with the style of other circulars FTA is updating.
Substantive changes in content are discussed in the chapter-by-chapter
analysis.
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
Chapter I of the proposed circular is an introductory chapter and
covers general information about FTA and how to contact us, briefly
reviews the authorizing legislation for the Urbanized Area Formula
program (a.k.a. ``Section 5307 program''), provides information about
Grants.gov, includes definitions applicable to the program and provides
a brief program history. The definitions section is new to this
circular, and includes definitions related to the Section 5307 program.
Where applicable, we have used the same definitions found in
rulemakings or other circulars to ensure consistency.
In the existing circular, Chapter I includes a number of topics
that have been relocated in the proposed circular. We have renamed the
existing section, ``Other Funds Available for Transit Projects,'' as
``Relationship to Other Programs'' for consistency with other
circulars, and moved the section to Chapter II. We propose moving the
information regarding ``flexible funds'' to the ``Relationship to Other
Programs'' section in proposed Chapter II, and propose moving
information on apportionments and local and federal share to Chapter
III. In addition, we have removed or streamlined some information in
the existing Chapter I. For example, we propose removing the section on
``Codification of Federal Transit Laws'' as it is no longer pertinent,
and we have incorporated the information in the section, ``Grant
Application Process'' into other sections of the proposed circular.
B. Chapter II--Program Overview
Chapter II of the existing circular, ``Applicant Eligibility'' is
limited to a discussion about designated recipients. This information
has been updated and is included in the proposed Chapter II, in
addition to more detail about the Urbanized Area Formula program.
Chapter II of the proposed circular starts with the statutory authority
for the Urbanized Area Formula program, followed by the goals of the
program, recipient designation, the roles of the designated recipient
and FTA, a discussion about transportation management areas, FTA
oversight, and the relationship of the Urbanized Area Formula Program
to other FTA programs. The information found in this proposed chapter
is consistent with other circulars FTA has recently updated.
C. Chapter III--General Program Information
Chapter III of the existing circular, ``Eligible Grant
Activities,'' addresses eligible capital, operating and planning
activities, as well as pre-award authority, letters of no prejudice,
and advance capital project authority. Eligible projects continue to be
in Chapter III and the lists have been updated consistent with changes
made by SAFETEA-LU. Advance capital project authority also remains in
Chapter III. Transportation development credits (formerly referred to
as toll revenue credits) has been added to the proposed Chapter III to
provide a calculation method that is consistent with the method used by
FHWA. We propose moving preventive maintenance into Appendix E due to
the length and complexity of the topic. We propose moving pre-award
authority, and letters of no prejudice to Chapter IV. Additional
information addressed in the proposed Chapter III includes
apportionments, funds availability, and local and federal share. All of
these sections have been updated to be consistent with the law and with
the format of other recently revised FTA circulars.
D. Chapter IV--Program Development
The existing Chapter IV, ``Apportionments'' addresses how funds are
apportioned under the urbanized area formula, as well as transfers of
apportionments. These sections have been moved to the proposed Chapter
III. The proposed Chapter IV, ``Program Development,'' addresses the
role of the designated recipient and the metropolitan planning
organization (MPO), applicants other than designated recipients, pass-
through arrangements (formerly found in Chapter II); subarea allocation
and transfer of funds for highway projects (formerly found in Chapter
IV), planning requirements (formerly in Appendix A); program of
projects and public participation requirements, and certifications and
assurances (formerly found in Chapter V), and undertaking projects in
advance, a catch-all section for pre-award authority, and letters of no
prejudice (formerly found in Chapter III).
FTA has revised each of these sections to reflect changes in
statutes, regulations, and/or FTA policy. We also propose streamlining
some sections, such as planning, while expanding others, such as
certifications and assurances, to provide more detailed information.
E. Chapter V--Coordinated Planning
The proposed Chapter V addresses the coordinated planning process
required for the Section 5310, Elderly Individuals and Individuals with
Disabilities formula program; the Section 5316, Job Access and Reverse
Commute (JARC) program; and the Section 5317, New Freedom program.
Often the designated recipient for the Urbanized Area Formula program
will also be the designated recipient for one or more of these human
services transportation programs. The proposed Chapter V contains
substantially the same information as that found in FTA Circular
9040.1F, Nonurbanized Area Formula Program Guidance and Grant
Application Instructions.
The information found in the existing Chapter V, ``Requirements
Associated with Urbanized Area Formula Program Grants'' has all been
relocated to other chapters or eliminated. The section, ``National
Transit Database Reporting System'' has been updated and moved to the
proposed Chapter VI. We have provided a link to the FTA Web site as
well as to the Transportation Electronic Award Management (TEAM)
system, where applicants can find the instructions. We propose moving
the ``Certification Procedures'' to the proposed Chapter IV. The
section on
[[Page 50275]]
``FTA Oversight'' has been updated and moved to the proposed Chapter
II. The ``Certifications Particular to the Urbanized Area Formula
Program'' section has been renamed, ``Certifications Required by 49
U.S.C. 5307'' and moved to Chapter IV. We propose moving the updated
information on program of projects and public participation
requirements to Chapter IV.
Finally, we propose eliminating the ``Alphabetical List of Other
Requirements.'' The substance of that section has been moved to other
chapters. Updated information related to ``Associated Capital
Maintenance Items,'' ``New Technology Introduction'' and ``Lease vs.
Buy Considerations'' can be found in Chapter III, under ``Capital
Projects;'' updated information on ``Buses,'' ``Bus Facilities'' and
``Fixed Guideway Rolling Stock,'' is in proposed Chapter VI. We have
consolidated the information on buses and rolling stock and renamed the
section, ``Requirements Related to Rolling Stock and Equipment.'' We
propose removing the section on ``New Starts;'' information on how the
New Starts program relates to the Urbanized Area Formula program is in
Chapter II. Updated information on the rest of the content of existing
Chapter V is in proposed Chapter VII.
F. Chapter VI--Program Management and Administrative Requirements
The content of existing Chapter VI, ``Application Instructions,''
has been updated, streamlined, and moved to Appendix A. The proposed
Chapter VI contains information on the TEAM system, Electronic Clearing
House Operation (ECHO system, and, as previously discussed, information
on the National Transit Database, requirements related to vehicles and
equipment, and requirements related to facilities. The information in
this chapter is consistent with that found in other recently updated
FTA circulars.
G. Chapter VII--Other Provisions
Chapter VII of the existing circular contains instructions for
preparing a project budget. This information has been updated and moved
to Appendix B, consistent with other recently revised FTA circulars.
The proposed Chapter VII is similar to the ``Other Provisions''
chapters in other FTA circulars, and summarizes a number of FTA-
specific and other Federal requirements that FTA grantees are held to
in addition to the program-specific requirements and guidance provided
in the circular. As previously stated, some of the information has been
relocated from the existing Chapter V's ``Alphabetical Listing of Other
Requirements.'' Other sections, including charter bus, commercial
driver's license, and the presidential coin act are new to this
circular. Recipients should use this chapter, in conjunction with FTA's
``Master Agreement'' and the current fiscal year ``Certifications and
Assurances,'' to assure that they have met all requirements. Recipients
may contact FTA Regional Counsel for more detail about these
requirements.
G. Appendices
The proposed appendices are intended as tools for developing a
grant application. Appendix A specifically addresses steps and
instructions for preparing a grant application, including pre-
application and application stages. This information is comparable to
Chapter VI, ``Application Instructions,'' in the existing circular,
although it has been updated and reorganized. Appendix A also includes
an application checklist. Proposed Appendix B provides budget
information, including a sample budget, and compares with the
information found in Chapter VII, ``Instructions for Preparing a
Project Budget,'' in the existing circular. Proposed Appendix C
compares with existing Appendix D, ``Operating Assistance Projects,''
in the existing circular. Proposed Appendix D, which compares with
existing Appendix F, ``Forms and Representative Documents,'' in the
existing circular (except the documents we propose removing, as
described below), contains samples of an Authorizing Resolution,
Opinion of Counsel, Fleet Status, Proceeds from the Sale of Public
Transportation Assets, Like-Kind Exchange Example and Sample
Supplemental Agreement. Proposed Appendix E contains a description of
the preventive maintenance program, and is new to this circular.
Proposed Appendix F contains updated contact information for all of
FTA's regional and metropolitan offices; this information is in Chapter
VIII of the existing circular.
We propose removing most of the contents of Appendix A of the
existing circular, ``Transportation Planning Process,'' and instead
including a paragraph referencing the planning regulations in Chapter
IV of the proposed circular. We propose removing most of the content of
existing Appendix B, ``Apportionment Formula,'' and relocating the
basic formula in Chapter III of the proposed circular. We propose
removing the content of existing Appendix C, ``New Start Development
Process,'' and direct readers to the most recent revision of FTA
Circular 9300, ``Capital Investment Program Guidance and Application
Instructions,'' for information on New Starts.
We have relocated the existing Appendix D, ``Operating Assistance
Projects'' to proposed Appendix C. The information has been updated,
and we propose moving the sections relating to eligible projects and
federal/local share to Chapter III. We propose removing the existing
Appendix E, ``Procedures Related to Flexible Funding'' and we have
relocated the substance to Chapter II and Appendix A. The existing
Appendix F, ``Forms and Representative Documents'' compares to the
proposed Appendix D. We have removed some of the sample forms, namely
the Application, Lobbying Disclosure Form, Project Milestone Schedule
and Subregional Allocation. The application is submitted and reviewed
entirely online in TEAM and all the forms can be viewed online. The
lobbying form is also available online. We propose removing the
existing Appendix G, which contains information on certifications and
assurances, much of which has been moved to proposed Chapter IV. We
propose removing the Sample Certifications and Assurances, as this is
something that is updated every year and available on FTA's Web site.
We propose moving the information in Appendix H, ``Interest as an
Eligible Capital Cost'' to the proposed Chapter III with other eligible
projects.
FTA seeks public comment on the changes within proposed FTA
Circular 9030.1D.
Issued in Washington, DC, this 25th day of September 2009.
Peter Rogoff,
FTA Administrator.
[FR Doc. E9-23584 Filed 9-29-09; 8:45 am]
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