[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Notices]
[Pages 11906-11965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5707]
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Part II
Department of Transportation
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Federal Transit Administration
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FTA Fiscal Year 2003 Apportionments, Allocations and Program
Information; Notice
Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 /
Notices
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FTA Fiscal Year 2003 Apportionments, Allocations and Program
Information
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
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SUMMARY: The Omnibus Appropriations Bill ``Consolidated Appropriations
Resolution, 2003'', (Pub. L. 108-7) was signed into law by President
Bush on February 20, 2003, which includes the Department of
Transportation and Related Agencies Appropriations for fiscal year 2003
(FY 2003 DOT Appropriations Act), and provides FY 2003 appropriations
for the Federal Transit Administration (FTA) transit assistance
programs. Based upon this Act, the Transportation Equity Act for the
21st Century (TEA-21), and 49 U.S.C. Chapter 53, this notice contains a
comprehensive list of apportionments and allocations for transit
programs.
In addition, prior year unobligated allocations for the section
5309 New Starts and Bus and Bus-Related Programs are listed. The FTA
policy regarding pre-award authority to incur project costs, Letter of
No Prejudice Policy, and other pertinent program information are
provided.
FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional
Administrator for grant-specific information and issues; Mary Martha
Churchman, Director, Office of Resource Management and State Programs,
(202) 366-2053, for general information about the Urbanized Area
Formula Program, the Nonurbanized Area Formula Program, the Rural
Transit Assistance Program, the Elderly and Persons with Disabilities
Program, the Clean Fuels Formula Program, the Over-the-Road Bus
Accessibility Program, the Capital Investment Program, or the Job
Access and Reverse Commute Program; or Paul L. Verchinski, Chief,
Statewide and Intermodal Planning Division, (202) 366-1626, for general
information concerning the Metropolitan Planning Program and the
Statewide Planning and Research Program; or Henry Nejako, Program
Management Officer, Office of Research, Demonstration and Innovation,
(202) 366-3765, for general information about the National Planning and
Research Program.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Overview
A. Fiscal Year 2003 Appropriations
B. TEA-21 Authorized Program Levels
C. Project Management Oversight
D. Leveraging Grant Funds
III. Fiscal Year 2003 Focus Areas
A. Transit Safety and Security
B. Ridership
C. 2000 Census Changes and Impact on Grantee Status as
Designated Recipient
IV. Metropolitan Planning Program and Statewide Planning and
Research Program
A. Metropolitan Planning Program
B. Statewide Planning and Research Program
C. FHWA Metropolitan Planning Program and State Planning and
Research Program
D. Local Match Waiver for Specified Planning Activities
E. Planning Emphasis Areas for Fiscal Year 2003
F. Consolidated Planning Grants
G. FTA Review of Alternative Analysis
V. Urbanized Area Formula Program
A. Total Urbanized Area Formula Apportionments
B. Data Used for Urbanized Area Formula Apportionments
C. Urbanized Area Formula Apportionments to Governors
D. Transit Enhancements
E. Fiscal Year 2003 Operating Assistance
F. Designated Transportation Management Areas
G. Urbanized Area Formula Funds Used for Highway Purposes
H. National Transit Database Internet Reporting and Redesign
Effort
VI. Nonurbanized Area Formula Program and Rural Transit Assistance
Program
A. Nonurbanized Area Formula Program
B. Rural Transit Assistance Program
VII. Elderly and Persons With Disabilities Program
VIII. FHWA Surface Transportation Program and Congestion Mitigation
and Air Quality Funds Used for Transit Purposes
A. Transfer Process
B. Matching Share for FHWA Transfers
IX. Capital Investment Program
A. Fixed Guideway Modernization
B. New Starts
C. Bus and Bus-Related
X. Job Access and Reverse Commute Program
XI. Over-the-Road Bus Accessibility Program
XII. Clean Fuels Formula Program
XIII. National Planning and Research Program
XIV. Unit Values of Data for Urbanized Area Formula Program,
Nonurbanized Area Formula Program, and Fixed Guideway Modernization
XV. Period of Availability of Funds
XVI. Automatic Pre-Award Authority to Incur Project Costs
A. Policy
B. Conditions
C. Environmental, Planning, and Other Federal Requirements
D. Pre-award Authority for New Starts Projects
1. Preliminary Engineering and Final Design
2. Real Property Acquisition Activities
3. National Environmental Policy Act (NEPA) Activities
4. Other New Starts Activities Requiring LONP
XVII. Letter of no Prejudice (LONP) Policy
A. Policy
B. Conditions
C. Environmental, Planning, and Other Federal Requirements
D. Request for LONP
XVIII. FTA Web site on the Internet
XIX. FTA Fiscal Year 2003 Annual List of Certifications and
Assurances
XX. Grant Application Procedures
Tables
1. FTA FY 2003 Appropriations for Grant Programs
2. FTA FY 2003 Metropolitan Planning Program and Statewide
Planning and Research Program Apportionments
3. FHWA FY 2003 Estimated Metropolitan Planning (PL) Program
Apportionments
4. FTA FY 2003 Urbanized Area Formula Apportionments
5. FTA FY 2003 Nonurbanized Area Formula Apportionments, and
Rural Transit Assistance Program (RTAP) Allocations
6. FTA FY 2003 Elderly and Persons With Disabilities
Apportionments
7. FTA FY 2003 Fixed Guideway Modernization Apportionments
8. FTA FY 2003 New Starts Allocations
8A. FTA Prior Year Unobligated New Starts Allocations
9. FTA FY 2003 Bus and Bus-Related Allocations
9A. FTA Prior Year Unobligated Bus and Bus-Related Allocations
10. FTA FY 2003 National Planning and Research Program
Allocations
11. FTA TEA-21 Authorization Levels (Guaranteed Funding Only)
11A. FTA TEA-21 Authorization Levels (Guaranteed and Non-
Guaranteed Funding)
12. FTA FY 1998-2003 Apportionment Formula for Urbanized Area
Formula Program
13. FTA FY 1998-2003 Fixed Guideway Modernization Program
Apportionment Formula
14. FTA FY 2003 Formula Grant Apportionments Unit Values of Data
15. 2000 Census Urbanized Areas with Populations 200,000 or
Greater Eligible to use FY 2003 Section 5307 Funds for Operating
Assistance
I. Background
Metropolitan Planning funds are apportioned by statutory formula to
the States for allocation to Metropolitan Planning Organizations (MPOs)
in urbanized areas or portions thereof to provide funds for their
Unified Planning Work Programs. Statewide Planning and Research funds
are apportioned to States by statutory formula to provide funds for
their Statewide Planning and Research Programs. Urbanized Area Formula
Program funds are apportioned by statutory formula to urbanized areas
and to Governors to provide capital, operating and planning assistance
in
[[Page 11907]]
urbanized areas. Nonurbanized Area Formula Program funds are
apportioned by statutory formula to Governors for capital, operating
and administrative assistance in nonurbanized areas. Elderly and
Persons with Disabilities Program funds are apportioned by statutory
formula to Governors to provide capital assistance to organizations
providing transportation service for the elderly and persons with
disabilities. Fixed Guideway Modernization funds are apportioned by
statutory formula to specified urbanized areas for capital improvements
in rail and other fixed guideways. New Starts identified in the FY 2003
DOT Appropriations Act and Bus and Bus-Related Allocations identified
in the Conference Report accompanying the Act are included in this
notice. FTA will honor those designations included in report language
to the extent that the projects meet the statutory intent of the
specific program.
II. Overview
A. Fiscal Year 2003 Appropriations
The FY 2003 funding amounts for FTA programs are displayed in Table
1. The amounts have been adjusted, from the FY 2003 enacted funding
levels, to reflect an across-the-board .65 percent reduction
proportionately applied to the discretionary budget authority and
obligation limitation, and to each program, project and activity, as
directed under section 601 of Title VI of the Consolidated
Appropriations Resolution, 2003, along with transferred and reallocated
resources. The following text provides a narrative explanation of the
funding levels and other factors affecting the apportionments and
allocations.
B. TEA-21 Authorized Program Levels
TEA-21 provides a combination of trust and general fund
authorizations that total $8.194 billion for the FY 2003 FTA program.
Of this amount, $7.226 billion was guaranteed under the discretionary
spending cap and was enacted under the FY 2003 DOT Appropriations Act.
However, after applying the across-the-board .65 percent reduction, as
directed by section 601 of Title IV of the Consolidated Appropriations
Resolution, 2003, new funding for FTA programs is $7.179 billion. See
Table 11 for fiscal years 1998-2003 guaranteed funding levels by
program and Table 11A for the total of guaranteed and non-guaranteed
levels by program.
C. Project Management Oversight
Section 5327 of Title 49 U.S.C., permits the Secretary of
Transportation to use up to one-half percent of the funds made
available under the Urbanized Area Formula Program and the Nonurbanized
Area Formula Program, and three-quarters percent of funds made
available under the Capital Investment Program to contract with any
person to oversee the construction of any major project under these
statutory programs; to conduct safety, procurement, management and
financial reviews and audits; and to provide technical assistance to
correct deficiencies identified in compliance reviews and audits.
Language in the 2002 DOT Appropriations Act increased the amount made
available under the Capital Investment Program for oversight activities
to one percent.
D. Leveraging Grant Funds
Public transportation grantees are reminded that with interest
rates at currently low levels it may be cost-effective to leverage
their projected grant receipts, and thereby accelerate the acquisition
of needed rolling stock or completion of essential infrastructure. FTA
encourages grant recipients to examine all leveraging options at their
disposal, including the use of grant anticipation notes (GAN) secured
with Formula Capital, Fixed Guideway Modernization, and New Starts
funds. To date, over $1.7 billion in grant anticipation bonds have been
issued, allowing major projects to be completed early and at lower
cost. FTA will provide information and other assistance to grantees
that wish to examine financing options during their project development
process.
For additional information, contact Paul L. Marx, Office of Policy
Development, at (202) 366-1675.
III. Fiscal Year 2003 Focus Areas
FTA draws attention to the following areas of particular interest
to grantees in FY 2003 relative to the FTA programs.
A. Transit Safety and Security
Since September 11th, the Federal Transit Administration (FTA) has
undertaken a series of major steps to help prepare the transit industry
to counter terrorist threats. FTA has provided direct assistance to
transit agencies through on-site readiness assessments, technical
assistance teams, regional forums for emergency responders, grants for
drills, training, and accelerating technology and research projects.
From this initial work, it is clear that it is critical to integrate
security throughout every aspect of transit programs, operations, and
infrastructure.
Although the transit industry has made great strides in
strengthening security and emergency preparedness, there is much more
to do. The most important investments for transit agencies to improve
security elements are in the areas of employee training, public
awareness, and emergency response planning. Detailed information about
these three areas and other important actions can be found in FTA's
list of Top 20 Security Program Action Items for transit agencies.
These 20 action items are based on good security practices identified
through FTA's Security Assessments and the technical assistance
program. The Top 20 Security Program Action Items can be found on FTA's
Web site at [http://transit-safety.volpe.dot.gov/security/SecurityInitiatives/Top20/default.asp]. FTA will work with transit
agencies to assist you as you incorporate these practices into your
programs.
B. Ridership
FTA's FY 2003 strategic business plan establishes FTA's core values
and identifies a number of strategic goals for sustaining these values
over the next three years. Specifically, FTA seeks to deliver products
and services that are valued by its customers and to assist transit
agencies in better meeting the needs of their customers. Increasing
transit ridership is a key measure of success in achieving this
objective. FTA has further identified a goal of achieving an average
2.5 percent increase in the number of transit passenger-miles traveled
per market (controlling for differences in employment levels) this
fiscal year. FTA is in the process of identifying a range of research,
guidance, and other technical assistance to support State and local
transit efforts to increase ridership. FTA encourages all transit
agencies to focus attention on ways to increase transit ridership, and
will be issuing further information about the FTA ridership initiative
throughout FY 2003.
C. 2000 Census Changes and Impact on Grantee Status as Designated
Recipient
The Census Bureau released the 2000 Census urbanized area
designations on May 1, 2002, and provided corrections/changes to the
list of designated areas in subsequent Federal Register Notices, dated
August 23 and November 20, 2002. FTA used this 2000 Census population
data and information for the first time to apportion transit funds in
FY 2003, which accounts for a number of changes from FY 2002
apportionments.
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In the 2000 Census, nonurbanized population decreased by three
percent to 89.6 million from the 1990 Census, and elderly population
increased by 18 percent to 35.4 million. Four hundred sixty-five
urbanized areas were designated, which is 59 more than the 406
designated in the 1990 Census. Seventy-six are newly qualified
urbanized areas, and more than 50 urbanized areas crossed the 200,000
population threshold, as a result of growth; the merger of two small
urbanized areas; or the merger of one or more small urbanized areas
into an existing urbanized area with population over 200,000. In
addition, 14 urbanized areas were formed from splitting existing
urbanized areas, more than 70 urbanized areas had name or description
changes, which in some cases includes the addition of a new State in
the urbanized area description/geographical boundary, and two urbanized
areas (Montgomery, AL and Lorain-Elyria, OH) saw their populations
decrease to less than 200,000. 2000 Census information and FTA analysis
of the changes may be found on the FTA Web site at [http://www.fta.dot.gov/library/planning/census/censusinfo.html].
The large number of urbanized areas affected by 2000 Census changes
and the assorted types of changes experienced require that many areas
designate or change their ``Designated Recipient.'' In order for FTA to
award a grant to an urbanized area as part of its Urbanized Area
Formula Program (Title 49 U.S.C. section 5307), a grant recipient must
be a ``Designated Recipient'' for that urbanized area or must be a
public agency authorized by the Designated Recipient to apply for
grants. Documentation for new or changed Designated Recipients in areas
over 200,000 in population shall include the following:
1. A letter expressing the concurrence of the Governor or of
another state agency in which the Governor's authority to concur in
designations of recipients has been delegated;
2. Concurrence by the publicly-owned operators of mass
transportation servicing the urbanized area of the Designated
Recipient(s);
3. An appropriately certified resolution of the policy-making body
of the Metropolitan Planning Organization (MPO) concurring in the
Designated Recipient(s); and
4. For each Designated Recipient, an opinion of counsel certifying
to the entity's legal capacity to perform the functions of a Designated
Recipient.
For urbanized areas greater than 50,000 but under 200,000 in
population, the Governor of each State is the Designated Recipient. The
Governor may:
1. Retain Designated Recipient status himself/herself. No
documentation needs to be submitted to support this action; or
2. Designate one or more local Designated Recipients for each
urbanized area under 200,000 in population. Such designation must be
documented by letter from the Governor naming the local Designated
Recipient and by an opinion of counsel for each such Designated
Recipient certifying its legal capacity to perform the functions of a
Designated Recipient.
Documentation relative to Designated Recipients or public agencies
authorized by the Designated Recipient to apply for grants should be
forwarded to the appropriate FTA Regional Office. For further
information contact the appropriate FTA Regional Office, or Ken
Johnson, FTA Office of Resource Management and State Programs, at (202)
366-2053.
IV. Metropolitan Planning Program and State Planning and Research
Program
A. Metropolitan Planning Program
Funding made available for the Metropolitan Planning Program (49
U.S.C. 5303) by the FY 2003 DOT Appropriations Act is $59,993,094 after
application of the across-the-board .65 percent reduction. The FY 2003
Metropolitan Planning Program apportionment to States for MPOs' use in
urbanized areas totals $60,443,434. This amount includes $59,993,094 in
FY 2003 funds, and $450,340 in prior year funds available for
reapportionment under this program. A basic allocation of 80 percent of
this amount ($48,354,747) is distributed to the States based on the
State's urbanized area population as defined by the U.S. Census Bureau
for subsequent State distribution to each urbanized area, or parts
thereof, within each State. A supplemental allocation of the remaining
20 percent ($12,088,687) is also provided to the States based on an FTA
administrative formula to address planning needs in the larger, more
complex urbanized areas. Table 2 contains the State apportionments for
the combined basic and supplemental allocations.
Each State, in cooperation with the MPOs, must develop an
allocation formula for the combined apportionment, which distributes
these funds to MPOs representing urbanized areas, or parts thereof,
within the State. States must reaffirm these in-State formulas or
develop new ones, which then must be submitted to the FTA Regional
Office for approval before these funds area distributed.
As noted in section III.C above, 2000 Census urbanized area
designations are available in Federal Register Notices issued by the
Census Bureau and may be accessed at [http://www.fta.dot.gov/library/legal/federalregister/2002/index.html] on the FTA Web site. FTA has
posted on its Web site a comparison of FY 2003 guaranteed funding
levels based on 2000 Census and based on the 1990 census information
for each State at [http://www.fta.dot.gov/library/planning/census/comp/t2.html] and a comparison of the amounts actually apportioned for
fiscal year 2002 using both the 1990 Census and the 2000 Census at
[http://www.fta.dot.gov/library/planning/census/comp/t1.html]. This
information should be utilized by each state when reaffirming or
revising in-state formulas.
B. Statewide Planning and Research Program
Funding made available for the Statewide Planning and Research
Program (49 U.S.C. 5313(b)) by the FY 2003 DOT Appropriations Act is
$12,532,406 after application of the across-the-board .65 percent
reduction. The FY 2003 apportionment for the Statewide Planning and
Research Program (SPRP) totals $12,643,295. This amount includes
$12,532,406 in FY 2003 funds, and $110,889 in prior year funds
available for reapportionment under this program. Final State
apportionments for this program are also contained in Table 2. These
funds may be used for a variety of purposes such as planning, technical
studies and assistance, demonstrations, management training, and
cooperative research. In addition, a State may authorize a portion of
these funds to be used to supplement metropolitan planning funds
allocated by the State to its urbanized areas, as the State deems
appropriate.
C. FHWA Metropolitan Planning Program and State Planning and Research
Program
For informational purposes, the estimated FY 2003 apportionments
for the FHWA Metropolitan Planning Program (PL) are contained in Table
3. Actual apportionments for the FY 2003 FHWA State Planning and
Research Program (SPRP) were not available at the time of publication
of this notice.
D. Local Match Waiver for Specified Planning Activities
Job Access and Reverse Commute Planning. Federal, State and local
[[Page 11909]]
welfare reform initiatives may require the development of new and
innovative public and other transportation services to ensure that
former welfare recipients have adequate mobility for reaching
employment opportunities. In recognition of the key role that
transportation plays in ensuring the success of welfare-to-work
initiatives, FTA and FHWA permit the waiver of the local match
requirement for job access and reverse commute planning activities
undertaken with both FTA and FHWA Metropolitan Planning Program and
State Planning and Research Program funds. FTA and FHWA will support
requests for waivers when they are included in Metropolitan Unified
Planning Work Programs and State Planning and Research Programs and
meet all other requirements.
E. Planning Emphasis Areas for Fiscal Year 2003
The FTA and FHWA identify Planning Emphasis Areas (PEAs) annually
to promote priority themes for consideration, as appropriate, in
metropolitan and statewide transportation planning processes. To
support this, FTA and FHWA will prepare an inventory of current
practice, guidance and training in those areas. Opportunities for
exchanging ideas and experiences on innovative practices in these topic
areas also will be provided throughout the year. For FY 2003, five key
planning themes have been identified: (1) Consideration of safety and
security in the transportation planning process; (2) integration of
planning and environmental processes; (3) consideration of management
and operations within planning processes; (4) State DOT consultation
with non-metropolitan local officials; and (5) enhancing the technical
capacity of planning processes.
1. Safety and Security in the Transportation Planning Process. TEA-
21 emphasizes the safety and security of transportation systems as a
national priority and calls for transportation projects and strategies
that ``increase the safety and security of transportation systems.''
This entails integration of safety and facility security into all
stages of the transportation planning process.
FTA and FHWA are working together to advance the state-of-practice
in addressing safety and security in the metropolitan and statewide
planning process through workshops and case studies. A report prepared
by the Transportation Research Board (TRB), Transportation Research
Circular E-C02, ``Safety-Conscious Planning,'' January 2001, describes
the issues and recommendations identified at a Safety in Planning
workshop held earlier. The report is available on the TRB Web site at
[http://www.nas.edu/trb]. Also, the Institute of Transportation
Engineers (ITE) has prepared a discussion paper on the topic, entitled
``The Development of the Safer Network Transportation Planning
Process,'' which is posted to their Web site at [http://www.ite.org].
2. Integrated Planning and Environmental Processes. TEA-21 mandated
the elimination of the Major Investment Study as a stand-alone
requirement, while integrating the concept within the planning and
project development/environmental review processes. A training course
entitled ``Linking Planning and NEPA'' is being developed and will be
made available at the National Transit Institute Web site, [http://www.ntionline.com].
3. Consideration of Management and Operations within Planning
Processes. TEA-21 challenges FHWA and FTA to move beyond traditional
capital programs for improving the movement of people and goods--
focusing on the need to improve the way transportation systems are
managed and operated. FTA and FHWA have convened a working group and
have commissioned discussion papers on the topic. This information is
available at [http://plan2op.fhwa.dot.gov].
4. State DOT Consultation With Non-Metropolitan Local Officials. On
January 23, 2003, the FTA and FHWA issued a final Rule on consultation,
which can be accessed at [http://www.fta.dot.gov/library/legal/federalregister/2003/fr12303.html]. This final rule amends the 1993
Joint FTA/FHWA Planning regulation published in the Federal Register,
Volume 58, No. 207, on October 28, 1993. Consultation is a vital issue
within the transportation planning process. Each State shall have a
documented process(es) that implements consultation with non-
metropolitan local officials in the statewide planning process and
development of the statewide transportation improvement program by
February 24, 2004. The FTA and FHWA will work with each State to help
facilitate development of the documented process(es), but will not
review or approve the documented process(es). However, the FTA and FHWA
in the State Planning Finding will comment on progress toward
accomplishing the documented process(es) and its implementation. Since
consultation is a vital issue, each state shall review its documented
process and solicit comments regarding the effectiveness of its
consultation process within two years of adopting its documented
process, and thereafter, at least once every five years.
5. Enhancing the Technical Capacity of Planning Processes. Reliable
information on current and projected usage and performance of
transportation systems is critical to the ability of planning processes
to supply credible information to decision-makers to support
preparation of plans and programs that respond to their localities'
unique needs and policy issues. To ensure the reliability of usage and
performance data, as well as the responsiveness of policy forecasting
tools, an evaluation is needed of the quality of information provided
by the technical tools, data sources, and forecasting models, as well
as the expertise of staff to ensure its adequacy to support decision-
making. If this expertise is found to be lacking, the responsible
agencies within metropolitan and statewide planning processes are
encouraged to devote appropriate resources to enhance and maintain
their technical capacity.
The metropolitan and statewide transportation planning processes
have become critical tools for responding to increasingly complex
issues at the State and local levels. Many of these issues are
encompassed in previously listed planning emphasis areas (e.g.,
integrated planning and environmental processes, management and
operations, analytical tools and methods) and include much more. It is
essential that FTA and FHWA provide technical assistance, training, and
information to our customers to further enhance the skills and
capabilities they utilize to conduct effective transportation planning
processes. The FTA and FHWA have created the Planning Capacity Building
(PCB) Program, which combines what previously were separate programs
focused on planning processes in metropolitan, statewide and rural
areas. The PCB is a tool to disseminate and coordinate information,
training, and foster a dialogue for the exchange of ideas. More
information on the PCB program can be found at [http://www.mcb.fhwa.dot.gov]. (Note--As of this writing, a merged Web site
focused on metropolitan, statewide, and rural issues is under
development.)
For further information on these PEAs, contact Candace Noonan, FTA
Office of Planning, (202) 366-1648, or John Humeston, FHWA Office of
Planning, (202) 366-1862.
F. Consolidated Planning Grants
Since FY 1997, FTA and FHWA have offered States the option of
participating in a pilot Consolidated Planning Grant (CPG) program.
Information concerning
[[Page 11910]]
participation in the CPG program can be found on the FTA Web site at
[http://www.fta.dot.gov/office/public/cpg.htm]. For further information
on participating in the CPG Pilot, contact Candace Noonan, Office of
Planning, FTA, at (202) 366-1648 or Anthony Solury, Office of Planning
and Environment, FHWA, at (202) 366-5003.
G. FTA Review of Alternative Analysis
FTA has long had substantive involvement in the evaluation of
alternatives performed to comply with the National Environmental Policy
Act (NEPA). FTA would like to extend this interest to comparable
planning-level alternatives analysis, and requests that local agencies
that intend to conduct such a study prior to NEPA review notify their
FTA Regional Office in writing if such a study may result in a transit
project being proposed for funding under the Section 5309 New Starts
program. FTA further requests the opportunity to review any NEPA or
pre-NEPA alternatives analysis scope of work, purpose and need,
description of alternatives, and technical methodologies and results as
they are developed. FTA desires to become involved in these local
studies for three reasons: (1) To assist local agencies in addressing
technical and procedural issues early in the study process, rather than
at the end when it may be too late to solve them efficiently; (2) to
ensure that FTA requirements for alternatives analysis are met (this
includes the selection of a New Starts Baseline alternative and
documentation of planning-level information needed to perform a Before
and After Study, should the resulting project eventually receive a Full
Funding Grant Agreement); and (3) to gain sufficient understanding of
the resulting project to support FTA's decision to advance it into
preliminary engineering (PE) and, later, final design. If the
alternatives analysis is done outside of NEPA, FTA's review is further
intended to help ensure that its results, including any elimination of
alternatives from further consideration, are adequately supported and
will stand up when the NEPA review is initiated.
Failure to provide FTA with an opportunity to participate in the
alternatives analysis could result in additional study effort necessary
to ensure consistency with FTA policy and good planning practices. Such
additional work could further result in significant delays in the
processing of the request to enter into PE.
In February 2003, FTA posted under the New Starts section of its
Web site [http://www.fta.dot.gov/library/policy/ns/ns.htm] revised
preliminary guidance on advancing fixed guideway transit investments
through planning and project development. This guidance provides
additional detail on FTA's expectations for alternatives analysis and
its role in the study process. For additional information, contact Sean
Libberton, FTA Office of Planning, at (202) 366-2360.
V. Urbanized Area Formula Program
A. Total Urbanized Area Formula Apportionments
The amount made available to the Urbanized Area Formula Program (49
U.S.C. 5307) by the FY 2003 DOT Appropriations Act is $3,423,540,998,
after application of the across-the-board .65 percent reduction. In
addition, $5,479,136 in prior year funds became available for
reapportionment under the Urbanized Area Formula Program as provided by
49 U.S.C. 5336(i).
After reserving $17,117,705 for oversight, the amount of FY 2003
funds available for apportionment is $3,406,423,293. The funds to be
reapportioned, described in the previous paragraph, are then added and
increase the total amount apportioned for this program to
$3,411,902,429. Table 4 displays the amounts apportioned under the
Urbanized Area Formula Program. Table 12 contains the apportionment
formula for the Urbanized Area Formula Program.
An additional $4,818,425 is made available for the Alaska Railroad
for improvements to its passenger operations, after application of the
across-the-board .65 percent reduction. After reserving $24,092 for
oversight, $4,794,333 is available for the Alaska Railroad.
B. Data Used for Urbanized Area Formula Apportionments
Data from the 2001 National Transit Database (NTD) Report Year were
used to calculate the FY 2003 Urbanized Area Formula apportionments for
urbanized areas 200,000 in population and over. 2000 Census Population
and population density data are also used in calculating apportionments
under the Urbanized Area Formula Program.
C. Urbanized Area Formula Apportionments to Governors
The total Urbanized Area Formula apportionment to the Governor for
use in areas under 200,000 in population for each State is shown in
Table 4. This table also contains the apportionment amount attributable
to each urbanized area within the State. The Governor may determine the
allocation of funds among the urbanized areas under 200,000 in
population with the following exception: as further discussed in
Section F below, funds attributed to an urbanized area under 200,000 in
population, located within the planning boundaries of a Transportation
Management Area, must be obligated in that small urbanized area.
D. Transit Enhancements
One percent of the Urbanized Area Formula Program apportionment in
each urbanized area with a population of 200,000 and over must be made
available only for transit enhancements. Table 4 shows the amount set
aside for enhancements in these areas.
The term ``transit enhancement'' includes projects or project
elements that are designed to enhance mass transportation service or
use and are physically or functionally related to transit facilities.
Eligible enhancements include the following: (1) Historic preservation,
rehabilitation, and operation of historic mass transportation
buildings, structures, and facilities (including historic bus and
railroad facilities); (2) bus shelters; (3) landscaping and other
scenic beautification, including tables, benches, trash receptacles,
and street lights; (4) public art; (5) pedestrian access and walkways;
(6) bicycle access, including bicycle storage facilities and installing
equipment for transporting bicycles on mass transportation vehicles;
(7) transit connections to parks within the recipient's transit service
area; (8) signage; and (9) enhanced access for persons with
disabilities to mass transportation.
It is the responsibility of the MPO to determine how the one
percent will be allotted to transit projects. The one percent minimum
requirement does not preclude more than one percent being expended in
an urbanized area for transit enhancements. However, items that are
only eligible as enhancements--in particular, operating costs for
historic facilities--may be assisted only within the one percent
funding level.
The recipient must submit a report to the appropriate FTA Regional
Office listing the projects or elements of projects carried out with
those funds during the previous fiscal year and the amount awarded. The
report must be submitted with the Federal fiscal year's final quarterly
progress report in TEAM-Web. The report should include the following
elements: (a) Grantee name, (b) urbanized area name and number, (c) FTA
project number, (d) transit enhancement category, (e) brief description
of enhancement and progress towards project
[[Page 11911]]
implementation, (f) activity line item code from the approved budget,
and (g) amount awarded by FTA for the enhancement.
E. Fiscal Year 2003 Operating Assistance
In general, FY 2003 funding for operating assistance is available
only to urbanized areas with populations under 200,000. For these
areas, there is no limitation on the amount of the State apportionment
that may be used for operating assistance, and the Federal/local share
ratio is 50/50. TEA-21 provides an exception to the restriction on
operating assistance in areas over 200,000 in population; eligible
areas have already been identified and notified.
Pub. L. 107-232, signed by the President on October 1, 2002, allows
transit systems in urbanized areas that, for the first time, exceeded
200,000 in population according to the 2000 Census to use section 5307
funds for operating assistance. A list of the eligible 2000 Census
urbanized areas (with populations 200,000 or greater) to which Pub. L.
107-232 applies and that may use FY 2003 funds for operating assistance
is provided in Table 15. The listing also shows the maximum amount of
the area's FY 2003 apportionment that may be used for operating
assistance (the FY 2003 Operating Limitation). The use of the urbanized
area funds for operating assistance by these areas is restricted to
projects carried out within the geographical or service area boundary
of the affected 1990 census small (less than 200,000 population)
urbanized area.
F. Designated Transportation Management Areas
All 2000 Census urbanized areas having a population of at least
200,000 have been designated as Transportation Management Areas (TMAs),
in accordance with 49 U.S.C. 5305. In addition, the Santa Barbara, CA
urbanized area, which did not meet the population threshold requirement
for TMA status with respect to 2000 Census, retained its previously
granted TMA status based on Gubernatorial request. These TMA
designations were formally made in the FTA Notices at 67 FR 45173 et
seq. (July 8, 2002) and 67 FR 62285 et seq. (October 4, 2002).
Guidance for setting the boundaries of TMAs is contained in the
joint transportation planning regulations codified at 23 CFR part 450
and 49 CFR part 613. In some cases, the TMA planning boundaries, which
have been established by the MPO for the designated TMA, also include
one or more urbanized areas less than 200,000 in population. Where this
situation exists, the discretion of the Governor to allocate Urbanized
Area Formula program ``Governor's Apportionment'' funds for urbanized
areas with less than 200,000 in population is restricted, i.e., the
Governor only has discretion to allocate Governor's Apportionment funds
attributable to areas that are outside of designated TMA planning
boundaries.
If any additional small urbanized areas--within the planning
boundaries of a TMA--are identified, notification should be made in
writing to the Associate Administrator for Program Management, Federal
Transit Administration, 400 Seventh Street, SW, Washington, DC 20590,
no later than July 1 of each fiscal year. FTA has revised and provided
below the list of previously identified urbanized areas with population
less than 200,000 included within the planning boundaries of designated
TMAs, based on 2000 Census urbanized area designations. With respect to
Norman, OK, Section 336 of FY 2003 DOT Appropriations Act directs that
the city of Norman, OK shall be considered part of the Oklahoma City
TMA.
------------------------------------------------------------------------
Small urbanized area included in TMA
Designated TMA boundary
------------------------------------------------------------------------
Houston, TX.................. Galveston, TX; Texas City, TX
Orlando, FL.................. Kissimmee, FL
Palm Bay-Melbourne, FL....... Titusville, FL
Philadelphia, PA-NJ-DENJ-MD.. Pottstown, PA
Pittsburgh, PA............... Monessen, PA; Weirton, WV--Steubenville,
OH-PA (PA portion)
Seattle, WA.................. Bremerton, WA
Washington, DCNJ-VANJ-MD..... Frederick, MD
Oklahoma City, OK............ Norman, Oklahoma
------------------------------------------------------------------------
G. Urbanized Area Formula Funds Used for Highway Purposes
Urbanized Area Formula funds apportioned to a TMA can be
transferred to FHWA and made available for highway projects if the
following three conditions are met: (1) Such use must be approved by
the MPO in writing after appropriate notice and opportunity for comment
and appeal are provided to affected transit providers; (2) in the
determination of the Secretary, such funds are not needed for
investments required by the Americans with Disabilities Act of 1990
(ADA); and (3) the MPO determines that local transit needs are being
addressed.
Urbanized Area Formula funds that are designated for highway
projects will be transferred to and administered by FHWA. The MPO
should notify FTA of its intent to use FTA funds for highway purposes,
as prescribed in section VIII.A., below.
H. National Transit Database (NTD) Internet Reporting and Redesign
Effort
The National Transit Database (NTD) is FTA's repository for
nationwide statistics about the transit industry, including safety and
security data. The new, redesigned NTD reporting system is on the
Internet and in operation. The new reporting software and statistical
data reports can be found on FTA's NTD web site at [http://www.ntdprogram.com]. More than 600 FTA grantees have filed reports to
FTA via the Internet on the new system. To meet Government Performance
and Results Act deadlines, NTD data is available on a timelier basis.
The new monthly reporting of safety and ridership data provides the NTD
with current data. In addition, thousands of incident and summary
safety and security reports will be submitted to FTA on the new NTD
system. The new, detailed safety data will help FTA and the transit
industry fashion countermeasures to recurring safety problems. The
revised NTD includes several valuable new features like the new
reporting software, which includes enhanced pre-submission validation
routines. Reporters can save time by pre-loading certain large data
fields
[[Page 11912]]
from last year. The new Oracle database and reports aid researchers.
FTA grantees receive Urbanized Area Formula and Fixed Guideway
Modernization apportionments based, in part, on the data they submit to
the NTD. NTD data is also summarized and used to report to Congress on
the condition, performance, and safety of the transit industry, and
associated costs. The Transportation Security Administration is already
using security reports from the NTD. In addition, these data are used
in the assessment of FTA goals.
This year, the voluntary reporting of rural transit data by State
DOTs is being tested. Work also continues on the collection of data on
the condition of the capital infrastructure of transit. A voluntary
test version of the asset condition module was put on-line and was well
accepted, providing an excellent inventory and assessment of tunnels,
bridges, track, stations, bus maintenance facilities, and other assets.
VI. Nonurbanized Area Formula Program and Rural Transit Assistance
Program
A. Nonurbanized Area Formula Program
The amount made available for the Nonurbanized Area Formula Program
(49 U.S.C. 5311) by the FY 2003 DOT Appropriations Act is $239,043,694,
after application of the across-the-board .65 percent reduction. The FY
2003 Nonurbanized Area Formula apportionments to the States total
$238,954,559 and are displayed in Table 5. Of the $239,043,694
available, $1,195,218 was reserved for oversight. The funds apportioned
include $1,106,083 in prior year funds available for reapportionment.
The Nonurbanized Area Formula Program provides capital, operating
and administrative assistance for areas under 50,000 in population.
Each State must spend no less than 15 percent of its FY 2003
Nonurbanized Area Formula apportionment for the development and support
of intercity bus transportation, unless the Governor certifies to the
Secretary that the intercity bus service needs of the State are being
adequately met.
B. Rural Transit Assistance Program
Funding made available for the Rural Transit Assistance Program
(RTAP) (49 U.S.C. 5311(b)(2)) by the FY 2003 DOT Appropriations Act is
$5,215,875, after application of the across-the-board .65 percent
reduction. The FY 2003 RTAP allocations to the States total $5,216,875
and are displayed in Table 5. This amount includes $1,000 in prior year
funds available for reapportionment.
The funds are allocated to the States to undertake research,
training, technical assistance, and other support services to meet the
needs of transit operators in nonurbanized areas. These funds are to be
used in conjunction with the States' administration of the Nonurbanized
Area Formula Program.
FTA also supports RTAP activities at the national level within the
National Planning and Research Program (NPRP). The National RTAP
projects support the States in their use of the formula allocations for
training and technical assistance. Congress did not designate any funds
for the National RTAP among the NPRP allocations in the Conference
Report accompanying the FY 2003 DOT Appropriations Act. FTA will,
however, include the National RTAP among priority projects to be funded
from available NPRP funds. During FY 2002, FTA conducted a competitive
selection and chose the American Public Works Association, in
consortium with the Community Transportation Association of America, to
provide National RTAP services for the next five years.
VII. Elderly and Persons With Disabilities Program
The amount made available for the Elderly and Persons with
Disabilities Program (49 U.S.C. 5310) by the FY 2003 DOT Appropriations
Act is $90,063,558, after application of the across-the-board .65
percent reduction. The FY 2003 Elderly and Persons with Disabilities
Program apportionments to the States total $90,166,393 and are
displayed in Table 6. The funds apportioned include $102,835 in prior
year funds available for reapportionment.
The formula for apportioning these funds uses Census population
data for persons aged 65 and over, and for persons with disabilities.
The funds provide capital assistance for transportation for elderly
persons and persons with disabilities. Eligible capital expenses may
include, at the option of the recipient, the acquisition of
transportation services by a contract, lease, or other arrangement.
While the assistance is intended primarily for private non-profit
organizations, public bodies that coordinate services for the elderly
and persons with disabilities, or any public body that certifies to the
State that there are no non-profit organizations in the area that are
readily available to carry out the service, may receive these funds.
These funds may be transferred by the Governor to supplement
Urbanized Area Formula or Nonurbanized Area Formula capital funds
during the last 90 days of the fiscal year.
VIII. FHWA Surface Transportation Program and Congestion Mitigation and
Air Quality Funds Used for Transit Purposes
A. Transfer Process
The process for transferring flexible formula funds between FTA and
FHWA programs is described below. For information on the transfer of
FHWA funds to FTA planning programs contact the FTA/FHWA staff
identified in section IV.F, above.
Transfer from FHWA to FTA. FHWA funds designated for use in transit
capital projects must be derived from the metropolitan and statewide
planning and programming process, and must be included in an approved
Statewide Transportation Improvement Program (STIP) before the funds
can be transferred. The State DOT requests, by letter, the transfer of
highway funds for a transit project to the FHWA Division Office. The
letter should specify the project, amount to be transferred,
apportionment year, State, Federal aid apportionment category i.e.,
Surface Transportation Program (STP), Congestion Mitigation and Air
Quality (CMAQ), Interstate Substitute, or congressional earmark), and a
description of the project as contained in the STIP.
The FHWA Division Office confirms that the apportionment amount is
available for transfer and concurs in the transfer by letter to the
State DOT and FTA. The FHWA Office of Budget and Finance then transfers
obligation authority and an equal amount of cash to FTA. All FHWA CMAQ,
STP, and congressional earmarked funds for transit projects in the
Appropriations Act or Conference Report will be transferred to one of
the three FTA formula programs (i.e., Urbanized Area Formula (section
5307), Nonurbanized Area Formula (section 5311) or Elderly and Persons
with Disabilities (section 5310).
The FTA grantee's application for the project must specify which
program the funds will be used for and the application should be
prepared in accordance with the requirements and procedures governing
that program. Upon review and approval of the grantee's application,
FTA obligates funds for the project.
Transferred funds are treated as FTA formula funds, but are
assigned a distinct identifying code for tracking purposes. The funds
may be used for any capital purpose eligible under the FTA formula
program to which they are
[[Page 11913]]
transferred and in the case of CMAQ for certain operating costs. FTA
and FHWA have issued guidance on project eligibility under the CMAQ
program in a Notice at 65 FR 9040 et seq. (February 23, 2000). In
accordance with 23 U.S.C. 104(k), all FTA requirements are applicable
to transferred funds except local share--FHWA local share requirements
apply. Transferred funds should be combined with regular FTA funds in a
single annual grant application.
Transfers From FTA to FHWA. The Metropolitan Planning Organization
(MPO) submits a request to the FTA Regional Office for a transfer of
FTA section 5307 formula funds (apportioned to an urbanized area
200,000 and over in population) to FHWA based on approved use of the
funds for highway purposes, as contained in the Governor's approved
State Transportation Improvement Program. The MPO must certify that:
(1) The funds are not needed for capital investments required by the
Americans with Disabilities Act; (2) notice and opportunity for comment
and appeal has been provided to affected transit providers; and (3)
local funds used for non-Federal match are eligible to provide
assistance for either highway or transit projects. The FTA Regional
Administrator reviews and concurs in the request, then forwards the
approval to FTA Headquarters, where a reduction is made to the
grantee's urbanized area formula apportionment and FTA's National
Operating Budget in TEAM-Web, equal to the dollar amount being
transferred to FHWA.
For information regarding these procedures, please contact Kristen
D. Clarke, FTA Budget Office, at (202) 366-1686; or Richard Meehleib,
FHWA Finance Division, at (202) 366-2869.
B. Matching Share for FHWA Transfers
The provisions of Title 23 U.S.C., regarding the non-Federal share
apply to Title 23 funds used for transit projects. Thus, FHWA funds
transferred to FTA retain the same matching share that the funds would
have if used for highway purposes and administered by FHWA.
There are three instances in which a Federal share higher than 80
percent would be permitted. First, in States with large areas of Indian
and certain public domain lands and national forests, parks and
monuments, the local share for highway projects is determined by a
sliding scale rate, calculated based on the percentage of public lands
within that State. This sliding scale, which permits a greater Federal
share, but not to exceed 95 percent, is applicable to transfers used to
fund transit projects in these public land States. FHWA develops the
sliding scale matching ratios for the increased Federal share.
Secondly, commuter carpooling and vanpooling projects and transit
safety projects using FHWA transfers administered by FTA may retain the
same 100 percent Federal share that would be allowed for ride-sharing
or safety projects administered by the FHWA.
The third instance includes the 100 percent Federal safety
projects; however, these are subject to a nationwide 10 percent program
limitation.
IX. Capital Investment Program (49 U.S.C. 5309)
A. Fixed Guideway Modernization
The formula for allocating the Fixed Guideway Modernization funds
contains seven tiers. The apportionment of funding under the first four
tiers, through FY 2003, is based on data used to apportion the funding
in FY 1997. Funding under the last three tiers is apportioned based on
the latest available route miles and revenue vehicle miles on segments
at least seven years old, as reported to the NTD.
Table 7 displays the FY 2003 Fixed Guideway Modernization
apportionments. Fixed Guideway Modernization funds apportioned for this
section must be used for capital projects to maintain, modernize, or
improve fixed guideway systems.
All urbanized areas with fixed guideway systems that are at least
seven years old are eligible to receive Fixed Guideway Modernization
funds. A request for the start-up service dates for fixed guideways has
been incorporated into the NTD reporting system to ensure that all
eligible fixed guideway data is included in the calculation of the
apportionments. A threshold level of more than one mile of fixed
guideway is required to receive Fixed Guideway Modernization funds.
Therefore, urbanized areas reporting one mile or less of fixed guideway
mileage under the NTD are not included.
The FY 2003 DOT Appropriations Act makes $1,206,506,400 available
for Fixed Guideway Modernization, after application of the across-the-
board .65 percent reduction. An amount of $12,065,064 was then reserved
for oversight, leaving $1,194,441,336 available for apportionment to
eligible urbanized areas. In addition, prior year funds available for
reapportionment in the amount of $84,033 are added and increase the
total amount apportioned to $1,194,525,369 under Fixed Guideway
Modernization. Table 13 contains information regarding the Fixed
Guideway Modernization apportionment formula.
B. New Starts
The amount made available for New Starts by the FY 2003 DOT
Appropriations Act is $1,252,229,548, after application of the across-
the-board .65 percent reduction. This amount includes $45 million
(adjusted for the .65 percent reduction) in FY 2003 funds transferred
from the Job Access and Reverse Commute Program (JARC) and additional
transfers of $1,015,648 from unobligated 1999 JARC funds, in accordance
with language in the FY 2003 DOT Appropriations Act and accompanying
Conference Report. Of the $1,252,229,548 made available $12,522,295 was
reserved for oversight activities, leaving $1,239,707,253 available for
allocations to projects. The final allocation for each New Starts
projects is listed in Table 8.
Prior year unobligated allocations for New Starts in the amount of
$483,496,983 remain available for obligation in FY 2003. This amount
includes $464,241,119 in fiscal years 2001 and 2002 unobligated
allocations, and $19,255,864 for fiscal years 1999 and 2000 unobligated
allocations that are extended in the FY 2003 Conference Report. These
unobligated amounts are displayed in Table 8A.
Capital Investment Program funds for New Starts projects identified
as having been extended in the FY 2003 Conference Report accompanying
the FY 2003 DOT Appropriations Act will lapse September 30, 2003. A
list of the extended projects and the amount that remains unobligated
as of September 30, 2002, is appended to Table 8A for ready reference.
C. Bus and Bus-Related
The FY 2003 DOT Appropriations Act provides $603,253,200 for the
purchase of buses, bus-related equipment and paratransit vehicles, and
for the construction of bus-related facilities, after application of
the across-the-board .65 percent reduction.
TEA-21 established a $100 million Clean Fuels Formula Program under
49 U.S.C. 5308 (described in section XII below). The program is
authorized to be funded with $50 million from the Bus and Bus-Related
category of the Capital Investment Program and $50 million from the
Formula Program. However, the FY 2003 DOT Appropriations Act directs
FTA to transfer the formula portion to, and merge it with, funding
provided for the Bus and Bus-Related category of the Capital Investment
Program. The .65 percent across-the-
[[Page 11914]]
board reduction has been applied to the $50 million in transferred
funds. Thus, $652,928,200 of funds appropriated in FY 2003 is available
for funding the Bus and Bus-Related category of the Capital Investment
Program. In addition, Congress directed that funds made available for
bus and bus facilities include $4,567,156 reallocated from projects in
previous appropriations Acts, which increases the total amount made
available to $657,495,356. The reallocated funds are derived from
unobligated balances for the following projects: Essex Junction,
Vermont multimodal station, $490,547; Towamencin Township, Pennsylvania
intermodal center (1999), $1,488,750; Towamencin Township, Pennsylvania
intermodal center (2000), $1,471,643; Folsom, California multimodal
facility, $992,500; and Georgetown University fuel cell program,
$123,176.
After reserving $6,529,282 for oversight, the amount available for
allocation under the Bus and Bus-Related category is $650,966,074.
Table 9 displays the allocation of the FY 2003 Bus and Bus-Related
funds by State and project. The FY 2003 Conference Report accompanying
the FY 2003 DOT Appropriations Act allocated all of the FY 2003 Bus and
Bus-Related funds to specified States or localities for bus and bus-
related projects. FTA will fund all designations that comply with the
statutory requirements for the program.
Prior year unobligated balances for Bus and Bus-Related allocations
in the amount of $515,023,153 remain available for obligation in FY
2003. This includes $503,518,819 in fiscal years 2001 and 2002
unobligated allocations, and $11,504,334 for fiscal years 1998, 1999
and 2000 unobligated allocations extended in the FY 2003 Conference
Report. These unobligated amounts are displayed in Table 9A.
Capital Investment Program funds for Bus and Bus-Related projects
identified as having been extended in the Conference Report
accompanying the FY 2003 DOT Appropriations Act will lapse September
30, 2003. A list of the extended projects and the amount that remains
unobligated as of September 30, 2002, is appended to Table 9A for ready
reference.
In addition, FY 2003 Conference Report provides clarifications for
Bus and Bus-Related projects as follows:
(1) Funding provided to Bevill State Community College may also
made available to Jasper, Alabama.
(2) Within the funding provided in FY 2003 to the State of
Illinois, $1,000,000 shall be for the refurbishment of the Dan Ryan
station.
(3) The conference agreement provides $7,500,000 to Kentucky for
bus and bus facilities needs statewide. Of this funding, $4,000,000
shall be provided to southern and eastern Kentucky. The remainder shall
be allocated to: Bluegrass Community Action Services, City of
Frankfort, Kentucky Foothills Development Council, Community Action
Council of Fayette/Lexington, Lexington Red Cross, East Kentucky
Independent Service Organization, and Lexington Transit Authority.
(4) Within the funding provided for the state of Michigan, the
state should strongly consider requests from Alger County, Charlevoix
County, Delta Area Transit Authority, Houghton, Ontonogan County, City
of Sault Ste. Marie, and Schoolcraft County.
(5) Within the funds provided for the state of Ohio, the state
should strongly consider requests from Kent, and the East Side transit
center.
(6) Funding provided for the Sierra Madre Villa intermodal center
in fiscal year 2002 shall also be made available to the Los Angeles
County Metropolitan Transportation Authority (LACMTA) for bus and bus
related facilities in the LACMTA's service area.
(7) Funds provided in fiscal year 2002 for the Fort Worth
intermodal center park and ride facility shall be used to facilitate
the finish out the intermodal connections into downtown Fort Worth and
to enhance the linkage of the TRE with the T's bus operation and park
and ride elements occurring at two sites: the ITC (and geographically
related areas like the 7th Street parking lot and Alarm Supply
Building) and a larger facility at the Texas and Pacific Station.
(8) Funding provided for Wyandotte County buses and Kansas City
joblinks in fiscal year 2001 shall be made available to the Unified
Government of Wyandotte County/Kansas City.
(9) Funds provided in fiscal year 2001 for Louisiana's Plaquemines
Parish Ferry shall also be made available to the New Orleans Regional
Planning Commission for vans, buses and related facility construction
in Plaquemines, St. Bernard, St. John and St. Charles parishes.
(10) Funds made available in fiscal year 2001 for the Tompkins
County intermodal facility shall also be made available for the Ulster
County, New York rural bus garage.
(11) Funding provided for the Swampscott buses in fiscal year 2000
may also be available to Lynnfield, Massachusetts to replace buses.
(12) Funds made available in fiscal year 2000 to the Ithaca
intermodal transportation center shall also be made available for the
Binghamton intermodal transportation center.
X. Job Access and Reverse Commute Program
The FY 2003 DOT Appropriations Act provides $104,317,500, for the
Job Access and Reverse Commute (JARC) Program after the transfer of $45
million from JARC to the Capital Investment Program (New Starts) as
stipulated in the FY 2003 DOT Appropriations Act and the accompanying
Conference Report, and the application of the across-the-board .65
percent reduction. JARC project funding will be published separately
from this notice.
The JARC program, established under TEA-21, provides funding for
the provision of transportation services designed to increase access to
jobs and employment-related activities. Job Access projects are those
that transport welfare recipients and low-income individuals, including
economically disadvantaged persons with disabilities, in urban,
suburban, or rural areas to and from jobs and activities related to
their employment. Reverse Commute projects provide transportation
services for the general public from urban, suburban, and rural areas
to suburban employment opportunities. A total of up to $10,000,000 from
the appropriation may be used for Reverse Commute Projects.
XI. Over-the-Road Bus Accessibility Program
The amount made available for the Over-the-Road Bus Accessibility
(OTRB) Program by the FY 2003 DOT Appropriations Act is $6,904,825,
after application of the across-the-board .65 percent reduction. Of
this amount, $5,215,875 is available to providers of intercity fixed-
route service, and $1,688,950 is available to other providers of over-
the-road bus services, including local fixed-route service, commuter
service, and charter and tour service.
The OTRB program authorizes FTA to make grants to operators of
over-the-road buses to help finance the incremental capital and
training costs of complying with the DOT over-the-road bus
accessibility final rule, published on September 28, 1998 (63 FR
51670). Funds will be provided at 90 percent Federal share. FTA
conducts a national solicitation of applications and grantees are
selected on a competitive basis.
A Federal Register Notice providing program guidance and
application procedures for FY 2003 was published in the Federal
Register on February 7, 2003. Applications are due by March 28, 2003.
[[Page 11915]]
XII. Clean Fuels Formula Program
TEA-21 established the Clean Fuels Formula Grant Program under
section 5308 of Title 49 U.S.C. to assist non-attainment and
maintenance areas in achieving or maintaining attainment status and to
support markets for emerging clean fuel technologies. No funds were
provided for this program in the FY 2003 DOT Appropriations Act. For
further information contact Nancy Grubb, FTA Office of Resource
Management and State Programs, at (202) 366-2053.
XIII. National Planning and Research Program
The amount made available to the National Planning and Research
Program by the FY 2003 DOT Appropriations Act is $31,295,250, after
application of the across-the-board .65 percent reduction, of that
amount $16,442,426 is allocated for specific activities. These
allocations are listed in Table 10. For additional information contact
Henry Nejako, Program Management Officer, Office of Research,
Demonstration and Innovation, at (202) 366-0184.
XIV. Unit Values of Data for Urbanized Area Formula Program,
Nonurbanized Area Formula Program, and Fixed Guideway Modernization
The dollar unit values of data derived from the computations of the
Urbanized Area Formula Program, the Nonurbanized Area Formula Program,
and the Capital Investment Program--Fixed Guideway Modernization
apportionments are displayed in Table 14 of this notice. To replicate
an area's apportionment, multiply its population, population density,
and data from the NTD by the appropriate unit value.
XV. Period of Availability of Funds
The funds apportioned under the Metropolitan Planning Program and
the Statewide Planning and Research Program, the Urbanized Area Formula
Program, and Fixed Guideway Modernization, in this notice, will remain
available to be obligated by FTA to recipients for three fiscal years
following FY 2003. Any of these apportioned funds that remain
unobligated at the close of business on September 30, 2006, will revert
to FTA for reapportionment under the respective program.
Funds apportioned to nonurbanized areas under the Nonurbanized Area
Formula Program, including RTAP funds, will remain available for two
fiscal years following FY 2003. Any such funds that remain unobligated
at the close of business on September 30, 2005, will revert to FTA for
reapportionment among the States under the Nonurbanized Area Formula
Program. Funds allocated to States under the Elderly and Persons with
Disabilities Program in this notice must be obligated by September 30,
2003. Any such funds that remain unobligated as of that date will
revert to FTA for reapportionment among the States under the Elderly
and Persons with Disabilities Program. The FY 2003 DOT Appropriations
Act includes a provision requiring that FY 2003 New Starts and Bus and
Bus-Related funds not obligated for their original purpose as of
September 30, 2005, shall be made available for other projects under 49
U.S.C. 5309.
JARC funds for projects selected by FTA for funding in FY 2003 will
remain available for two fiscal years following FY 2003. Any such funds
that remain unobligated at the close of business on September 30, 2005,
will revert to FTA for reallocation under the JARC program.
Capital Investment Program funds for New Starts and Bus and Bus-
Related projects identified as having been extended in the FY 2003
Conference Report accompanying the FY 2003 DOT Appropriations Act will
lapse September 30, 2003.
XVI. Automatic Pre-Award Authority To Incur Project Costs
This information incorporates and elaborates on guidance previously
provided in the FTA FY 2002 Apportionments and Allocations Notice found
at [http://www.fta.dot.gov/library/legal/federalregister/2002/fr1202a.pdf].
A. Policy
FTA provides blanket or automatic pre-award authority to cover
certain program areas described below. This pre-award authority allows
grantees to incur project costs prior to grant approval and retain
their eligibility for subsequent reimbursement after grant approval.
The grantee assumes all risk and is responsible for ensuring that all
conditions, which are described below, are met to retain eligibility.
This automatic pre-award spending authority permits a grantee to incur
costs on an eligible transit capital or planning project without
prejudice to possible future Federal participation in the cost of the
project or projects. Prior to exercising pre-award authority, grantees
must comply with the conditions and Federal requirements outlined in
paragraphs B and C immediately below. Failure to do so will render an
otherwise eligible project ineligible for FTA financial assistance. In
addition, grantees are strongly encouraged to consult with the
appropriate FTA regional office if there is any question regarding the
eligibility of the project for future FTA funds or the applicability of
the conditions and Federal requirements.
Pre-award authority was extended in the June 24, 1998 Federal
Register Notice on TEA-21 to all formula funds and flexible funds that
will be apportioned during the authorization period of TEA-21, 1998-
2003. Pre-award authority for operating and planning projects under the
formula grants programs is not limited to the authorization period.
Pre-award authority also applies to Capital Investment Bus and Bus-
Related allocations identified in this notice. For such section 5309
Capital Investment Bus and Bus-Related projects, the date that costs
may be incurred is the date that the appropriation bill in which they
are contained is enacted. Pre-award authority does not apply to Capital
New Start funds, or to Capital Investment Bus and Bus-Related projects
not specified in this or previous notices, except as described in D
below.
Extension of Pre-Award Authority Beyond the TEA-21 Authorization Period
Because there is uncertainty in the timing of the FY 2004
appropriations act and/or the surface transportation reauthorization
act, a large number of LONPs might be requested for routine, continuing
transit projects using anticipated formula funds. FTA, in this Notice,
is extending pre-award authority to grantees for project costs to be
reimbursed by formula funds and flexible funds that will be
appropriated in FY 2004.
In using this pre-award authority for FY 2004 formula funds,
grantees are cautioned that reauthorization may result in changes in
program structure, administrative requirements, or funding
availability. As with all pre-award authority, activities must be
conducted in compliance with Federal requirements in order to retain
eligibility for future reimbursement.
B. Conditions
Similar to the FTA LONP authority, the conditions under which this
authority may be utilized are specified below:
(1) The pre-award authority is not a legal or moral commitment that
the project(s) will be approved for FTA assistance or that FTA will
obligate Federal funds. Furthermore, it is not a legal or moral
commitment that all
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items undertaken by the applicant will be eligible for inclusion in the
project(s).
(2) All FTA statutory, procedural, and contractual requirements
must be met.
(3) No action will be taken by the grantee that prejudices the
legal and administrative findings that the Federal Transit
Administrator must make in order to approve a project.
(4) Local funds expended by the grantee pursuant to and after the
date of the pre-award authority will be eligible for credit toward
local match or reimbursement if FTA later makes a grant for the
project(s) or project amendment(s).
(5) The Federal amount of any future FTA assistance awarded to the
grantee for the project will be determined on the basis of the overall
scope of activities and the prevailing statutory provisions with
respect to the Federal/local match ratio at the time the funds are
obligated.
(6) For funds to which the pre-award authority applies, the
authority expires with the lapsing of the fiscal year funds.
(7) The Financial Status Report, in TEAM-Web, must indicate the use
of pre-award authority.
C. Environmental, Planning, and Other Federal Requirements
FTA emphasizes that all of the Federal grant requirements must be
met for the project to remain eligible for Federal funding. Compliance
with the National Environmental Policy Act (NEPA) and other
environmental laws or executive orders (e.g., protection of parklands,
wetlands, and historic properties) must be completed before State or
local funds are spent on implementing activities such as final design,
construction, and acquisition for a project that is expected to be
subsequently funded with FTA funds. Depending on which class the
project is included under in FTA environmental regulations, 23 CFR part
771, the grantee may not advance the project beyond planning and
preliminary engineering before FTA has issued either a categorical
exclusion, refer to 23 CFR part 771.117(d), a finding of no significant
impact, or a record of decision. The conformity requirements of the
Clean Air Act, 40 CFR part 93, also must be fully met before the
project may be advanced into implementation under pre-award authority.
Similarly, the requirement that a project be included in a locally
adopted metropolitan transportation improvement program and federally
approved statewide transportation improvement program must be followed
before the project may be advanced with non-Federal funds under pre-
award authority. For planning projects, the project must be included in
a locally approved Planning Work Program that has been coordinated with
the State. In addition, Federal procurement procedures, as well as the
whole range of Federal requirements, must be followed for projects in
which Federal funding will be sought in the future. Failure to follow
any such requirements could make the project ineligible for Federal
funding. In short, this increased administrative flexibility requires a
grantee to make certain that no Federal requirements are circumvented
through the use of pre-award authority. If a grantee has questions or
concerns regarding the environmental requirements, or any other Federal
requirements that must be met before incurring costs, it should contact
the appropriate regional office.
Before an applicant may incur costs for Bus and Bus-Related Capital
projects not listed in this notice or previous notices, it must first
obtain a written LONP from FTA. To obtain an LONP, a grantee must
submit a written request accompanied by adequate information and
justification to the appropriate FTA regional office, as described in
section XVII below.
D. Pre-Award Authority for New Starts Projects
1. Preliminary Engineering and Final Design
New Starts projects are required to follow a federally defined
project development process. This process includes, among other things,
FTA approval of entry of a project into preliminary engineering and
approval to enter final design. The grantee request for entry into
preliminary engineering and the request for entry into final design
document the project's justification and financial criteria, which FTA
evaluates as part of its approval process. With FTA approval to enter
preliminary engineering, and subsequent approval to enter final design,
FTA will automatically extend pre-award authority to that phase of
project development.
2. Real Property Acquisition Activities
FTA will extend automatic pre-award authority for the acquisition
of real property and real property rights for a New Starts project upon
completion of the NEPA review of that project. NEPA review is completed
when FTA signs an environmental Record of Decision (ROD) or Finding of
No Significant Impact (FONSI), or makes a Categorical Exclusion (CE)
determination. With the limitations and caveats described below, real
estate acquisition for a New Starts project may now commence upon
completion of the NEPA review process.
Most major FTA-assisted projects require the acquisition of
residential and/or business properties and the relocation of the
occupants. Often real property rights, like railroad track usage
rights, are needed. With limited exceptions set forth in FTA's NEPA
guidance, the purchase of real property can prejudice the consideration
of less damaging alternatives and may not take place until the NEPA
process has been completed by FTA's signing of an environmental ROD or
FONSI or making a CE determination.
For FTA-assisted projects, any acquisition of real property must be
conducted in accordance with the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act (URA) and its
implementing regulations, 49 CFR part 24. Compliance with the URA
regulations requires substantial lead-time. Properties must be
appraised, persons who will be displaced must be educated about their
relocation rights, proper housing must be found for displaced
residents, and businesses must be relocated in accordance with the URA.
In some cases, the remediation of contaminated soils or groundwater, or
the removal of underground storage tanks must be dealt with during the
acquisition process. Potentially responsible parties of the
contamination must be identified and their financial liability
negotiated or litigated. Acquisition of railroad right-of-way or usage
rights is frequently a negotiated transaction that is fundamental to
the transit project and therefore should be negotiated as early as
possible after the completion of the NEPA process. Delays in the
closing on an acquisition can lead to inconvenience or hardship for
residents and businesses that are being displaced. Delays can also lead
to increases in property values or in the current owners' financial
expectations that prolong negotiated settlements.
To facilitate the acquisition process for New Starts projects, FTA
will extend automatic pre-award authority for the acquisition of real
property and real property rights with the signing of the environmental
ROD or FONSI or the CE determination. This pre-award authority is
strictly limited to costs incurred to acquire real property and real
property rights and to provide relocation assistance in accordance with
the URA regulation. It is limited to the acquisition of real property
and real property rights that are explicitly identified in the final
EIS, EA or CE determination, as needed for the selected alternative
that is the subject of
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the FTA-signed ROD or FONSI, or the CE determination. It does not cover
site preparation, demolition, or any other activity that is not
strictly necessary to comply with the URA. At FTA's discretion, these
other activities may be covered by a LONP, described in section XVII,
below. This pre-award authority does not cover the acquisition of
construction equipment or transit vehicles or any other acquisition
except that of real property and real property rights.
Grant applicants should use this pre-award authority for real
property very discreetly with a clear understanding that it does not
constitute a funding commitment by FTA. On occasion, even projects that
received a ``recommended'' rating from FTA under the New Starts
regulation, 49 CFR part 611, have not received a Full Funding Grant
Agreement from FTA simply because the competition for the limited New
Starts funds is so intense.
This pre-award authority for the acquisition of real property and
real property rights, in accordance with the URA and after FTA's
signing of a ROD or FONSI or making a CE determination, is intended to
streamline the project delivery process, to enhance relocation services
for residents and businesses, and to avoid the escalation in the cost
of real property caused by delays in its acquisition. In granting this
pre-award authority, FTA is aware that the risk taken by the grant
applicant in acquiring real property without an FTA commitment is
somewhat mitigated by the re-sale value of the real property, in the
event that FTA funding assistance is not ultimately forthcoming and the
project is abandoned.
3. National Environmental Policy Act (NEPA) Activities
The NEPA requires that projects with potentially significant
adverse impacts proposed for Federal funding assistance be subjected to
a public and interagency review of the need for the project, its
environmental and community impacts, and alternatives with potentially
fewer damaging effects. Projects for which FTA experience indicates
there are no significant impacts are subject to NEPA, but categorically
excluded from the more rigorous levels of NEPA review.
FTA regulations, 23 CFR 771.105(e), state that the costs incurred
by a grant applicant for the preparation of environmental documents
requested by FTA are eligible for FTA assistance. FTA extends automatic
pre-award authority for costs incurred to conduct the NEPA
environmental review, including historic preservation activities, and
to prepare an EIS, EA, CE, or other environmental documents for a
proposed New Starts project, effective as of the date of the federal
approval of the relevant STIP or STIP amendment that includes any phase
of the project. This pre-award authority applies to New Starts funding,
as well as other FTA funding sources. This pre-award authority is
strictly limited to costs incurred to conduct the NEPA process and
prepare environmental and historic preservation documents. It does not
cover preliminary engineering activities beyond those necessary for
NEPA compliance. As with any pre-award authority, FTA participation in
costs incurred is not guaranteed.
This pre-award authority for environmental and historic
preservation work for a proposed New Starts project in the FTA-approved
STIP is intended to streamline the NEPA process in accordance with TEA-
21 Section 1309, ``Environmental Streamlining,'' by eliminating
unnecessary delays in starting up the conceptual engineering and
environmental reviews, the public involvement process, and the
interagency coordination process for New Starts projects.
4. Other New Starts Activities Requiring LONP
Except as discussed in paragraphs 1-3 above, a grant applicant must
obtain a written LONP from FTA before incurring costs for any activity
expected to be funded by New Start funds not yet granted. To obtain an
LONP, an applicant must submit a written request accompanied by
adequate information and justification to the appropriate FTA regional
office, as described in section XVII below.
XVII. Letter of no Prejudice (LONP) Policy
A. Policy
LONP authority allows an applicant to incur costs on a project
utilizing non-Federal resources with the understanding that the costs
incurred subsequent to the issuance of the LONP may be reimbursable as
eligible expenses or eligible for credit toward the local match should
FTA approve the project at a later date. LONPs are applicable to
projects and project activities not covered by automatic pre-award
authority. The majority of LONPs will be for Section 5309 New Starts
funds not covered under a full funding grant agreement or for Section
5309 Bus and Bus-Related funds not yet appropriated by Congress. At the
end of an authorization period, there may be LONPs for formula funds
beyond the life of the current authorization.
Under most circumstances the LONP will cover the total project.
Under certain circumstances the LONP may be issued for local match
only, for example, to permit real estate purchased as it becomes
available to be used for match for the project at a later date.
B. Conditions
The following conditions apply to all LONPs.
(1) LONP pre-award authority is not a legal or moral commitment
that the project(s) will be approved for FTA assistance or that FTA
will obligate Federal funds. Furthermore, it is not a legal or moral
commitment that all items undertaken by the applicant will be eligible
for inclusion in the project(s).
(2) All FTA, DOT, and other Federal statutory, regulatory,
procedural, and contractual requirements must be met.
(3) No action will be taken by the grantee that prejudices the
legal and administrative findings that the Federal Transit
Administrator must make in order to approve a project.
(4) Local funds expended by the grantee pursuant to and after the
date of the LONP will be eligible for credit toward local match or
reimbursement if FTA later makes a grant for the project(s) or project
amendment(s).
(5) The Federal amount of any future FTA assistance to the grantee
for the project will be determined on the basis of the overall scope of
activities and the prevailing statutory provisions with respect to the
Federal/local match ratio at the time the funds are obligated.
(6) For funds to which this pre-award authority applies, the
authority expires with the lapsing of the fiscal year funds.
C. Environmental, Planning, and Other Federal Requirements
As with automatic pre-award authority, FTA emphasizes that all of
the Federal grant requirements must be met for the project to remain
eligible for Federal funding. Compliance with NEPA and other
environmental laws or executive orders (e.g., protection of parklands,
wetlands, historic properties) must be completed before State or local
funds are spent on implementation activities such as final design,
construction, or acquisition for a project expected to be subsequently
funded with FTA funds. Depending on which class the project is included
under in FTA's environmental regulations, 23 CFR part 771, the grantee
may not advance the project beyond planning and preliminary engineering
before FTA has approved a CE determination, 23 CFR Section 771.117(d),
a finding of no significant impact (FONSI), or an environmental ROD.
Because project
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implementation activities may not be initiated prior to NEPA
completion, FTA will normally not issue an LONP for such activities
until the NEPA process has been completed with a ROD, FONSI, or CE
determination. The conformity requirements of the Clean Air Act, 40 CFR
part 93, also must be fully met before the project may be advanced with
non-Federal funds.
Similarly, the requirement that a capital project be included in a
locally adopted metropolitan transportation improvement program and
federally approved statewide transportation improvement program must be
followed before the project may be advanced with non-Federal funds. For
planning projects, the project must be included in a locally approved
Planning Work Program that has been coordinated with the State. In
addition, Federal procurement procedures, as well as the whole range of
Federal requirements, must be followed for projects in which Federal
funding will be sought in the future. Failure to follow any such
requirements could make the project ineligible for Federal funding. In
short, this pre-award authority requires a grantee to make certain that
no Federal requirements are circumvented. If a grantee has questions or
concerns regarding the environmental requirements, or any other Federal
requirements that must be met before incurring costs, it should contact
the appropriate FTA regional office.
D. Request for LONP
Before an applicant may incur costs for a project not covered by
automatic pre-award authority, it must first submit a written request
for an LONP to the appropriate regional office and obtain written
approval.
XVIII. FTA Web Site on the Internet
FTA provides extended customer service by making available transit
information on the FTA Web site, including this apportionment notice.
Also posted on the Web site are FTA program Circulars: C9030.1C,
Urbanized Area Formula Program: Grant Application Instructions, dated
October 1, 1998; C9040.1E, Nonurbanized Area Formula Program Guidance
and Grant Application Instructions, dated October 1, 1998; C9070.1E,
The Elderly and Persons with Disabilities Program Guidance and
Application Instructions, dated October 1, 1998; C9300.1A, Capital
Program: Grant Application Instructions, dated October 1, 1998;
4220.1D, Third Party Contracting Requirements, dated April 15, 1996;
C5010.1C, Grant Management Guidelines, dated October 1, 1998; C8100.1B,
Program Guidance and Application Instructions for Metropolitan Planning
Program Grants, dated October 25, 1996; C8200.1, Program Guidance and
Application Instructions for State Planning and Research Program
Grants, dated December 27, 2001; and C5200.1A, Full Funding Grant
Agreement Guidance, dated December 5, 2002. The FY 2003 Annual List of
Certifications and Assurances is also posted on the FTA Web site. Other
documents on the FTA Web site of particular interest to public transit
providers and users include the annual Statistical Summaries of FTA
Grant Assistance Programs, and the National Transit Database Profiles.
FTA circulars are listed at [http://www.fta.dot.gov/library/admin/checklist/circulars.htm]. Other guidance of interest to Grantees can be
found at: [http://www.fta.dot.gov/grantees/index.html]. Grantees should
check the FTA Web site frequently to keep up to date on new postings.
XIX. FTA Fiscal Year 2003 Annual List of Certifications and Assurances
On October 23, 2002, FTA published in the Federal Register the list
and accompanying text of all Certifications and Assurances required of
recipients of FTA assistance in Fiscal Year 2003. See, 67 FR 65171 et
seq. The full text of the Fiscal Year 2003 Certifications and
Assurances is also accessible both on FTA's Internet Web site at
[http://www.fta.dot.gov/library/legal/ca.htm] and FTA's TEAM Web site
for recipients, TEAM-Web at [http://ftateamweb.fta.dot.gov/static/2003-CERTS-TEAM.doc]. In compliance with 49 U.S.C. 5323(n), which requires a
simultaneous publication of a list of the Certifications and Assurances
and FTA's annual notice of Apportionments, recipients are directed to
the October 23, 2002 notice at 67 FR 65171 et seq. for the list and
text of FTA's Certifications and Assurances and to FTA's Web sites
displaying those Certifications and Assurances. Any questions regarding
this document may be addressed to the appropriate Regional Office.
As in previous years, the grant applicant should certify
electronically. Under certain circumstances the applicant may enter its
Personal Identification Number (PIN) in lieu of an electronic signature
provided by its attorney, provided the applicant has on file the
current affirmation of its attorney in writing dated this Federal
fiscal year. The applicant is advised to contact the appropriate FTA
Regional Office for electronic procedure information.
XX. Grant Application Procedures
All applications for FTA funds should be submitted to the
appropriate FTA Regional Office. FTA utilizes TEAM-Web, an Internet
accessible electronic grant application system, and all applications
should be filed electronically. FTA has provided exceptions to the
requirement for electronic filing of applications for certain new, non-
traditional grantees in the Job Access and Reverse Commute and Over-
the-Road Bus Accessibility programs as well as to a few grantees that
have not successfully connected to or accessed TEAM-Web.
FTA is committed to processing grants within 60 days of receipt of
a completed application by the appropriate Regional Office. In order
for an application to be considered complete, it must meet the
following requirements: All projects must be contained in an approved
STIP (when required), all environmental findings must be made by FTA,
there must be an adequate project description, local share must be
secure, any flexible funds included in the budget must be secured, all
required civil rights submissions must be current and certifications
and assurances must be properly submitted. Once an application is
complete, the FTA Regional Office will assign a project number and,
when required, submit the application to the Department of Labor for a
certification under section 5333(b). The FTA circulars contain more
information regarding application contents and complete applications.
State applicants for section 5311 are reminded that they must certify
to DOL that all subrecipients have agreed to the standard labor
protection warranty for section 5311 and provide DOL with other related
information for each grant.
This notice and all program guidance circulars may be accessed via
the FTA Web site. Copies of circulars are available from FTA Regional
Offices as well.
Issued on: March 5, 2003.
Jennifer L. Dorn.
Administrator.
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[FR Doc. 03-5707 Filed 3-11-03; 8:45 am]
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