Over-the-Road Bus Accessibility Program Grants, 5718-5727 [E6-1396]
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5718
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
SAFETEA–LU implementation and
intends this guidance to be nonbinding
except insofar as it references existing
statutory or regulatory requirements.
This guidance should not be construed
as rules of general applicability and
legal effect or notices of proposed
rulemaking.
Authority: 23 U.S.C. 315; 49 CFR 1.48.
Issued on: January 27, 2006.
J. Richard Capka,
Acting Federal Highway Administrator.
[FR Doc. E6–1388 Filed 2–1–06; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2003–15432]
hsrobinson on PROD1PC71 with NOTICES
BNSF Railway Company; Notice of
Public Hearing and Extension of
Comment Period
The BNSF Railway Company has
petitioned the Federal Railroad
Administration (FRA) seeking approval
to expand the existing waiver, granted
on June 23, 2004, to include the area
from Fort Worth, Texas, milepost
346.67, to Arkansas City, Kansas,
milepost 264.11, on the Fort Worth and
Red Rock Subdivisions, a distance of
approximately 329 miles. This
expansion request is identified as
Docket No. FRA–2003–15432.
The FRA had issued a public notice
seeking comments of interested parties.
After examining the railroad’s proposal
and the comments received, FRA has
determined that a public hearing is
necessary before a final decision is
made on this proposal. FRA is also
extending the comment period to one
week beyond the date of the public
hearing. If information received at the
public hearing warrants the need to
extend the comment period even
further, a separate notice will be
published indicating such extension.
Accordingly, a public hearing is
hereby set for 1 p.m. (Eastern Standard
Time), on Thursday, February 23, 2006,
at the Wyndham Hotel, Vista Ballroom
C, 1400 M Street, NW., Washington, DC
20005. Interested parties are invited to
present oral statements at the hearing.
The hearing will be informal and will be
conducted by a representative
designated by the FRA, in accordance
with Rule 25 of the FRA Rules of
Practice (49 CFR part 211.25). The
hearing will be a non-adversary
proceeding and, therefore, there will be
no cross-examination of persons
presenting statements. The FRA
representative will make an opening
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statement outlining the scope of the
hearing. After all initial statements have
been completed, those persons wishing
to make brief rebuttal statements will be
given the opportunity to do so in the
same order in which they made their
initial statements. Additional
procedures, if necessary for the conduct
of the hearing, will be announced at the
hearing.
In addition, FRA is extending the
comment period to March 2, 2006. All
communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2003–
15432) and must be submitted to the
Docket Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at https://
dms.dot.gov.
Anyone is able to search the
electronic form of all comments
received and entered into our dockets
by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000,
(Volume 65, Number 70; Pages 19477–
78). The Statement may also be found at
https://dms.dot.gov.
Issued in Washington, DC, on January 30,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–1425 Filed 2–1–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Over-the-Road Bus Accessibility
Program Grants
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Availability of Fiscal
Year 2006 Funds: Solicitation of Grant
Applications.
AGENCY:
SUMMARY: The U.S. Department of
Transportation (DOT) Federal Transit
Administration (FTA) announces the
availability of funds in fiscal year (FY)
2006 for the Over-the-Road Bus (OTRB)
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Accessibility Program, authorized by
Section 3038 of the Transportation
Equity Act for the 21st Century (TEA–
21). The OTRB Accessibility Program
makes funds available to private
operators of over-the-road buses to
finance the incremental capital and
training costs of complying with DOT’s
over-the-road bus accessibility final
rule, 49 CFR Part 37, published in a
Federal Register notice on September
28, 1998 (63 FR 51670). The authorizing
legislation calls for national solicitation
of applications, with grantees to be
selected on a competitive basis. Federal
transit funds are available to intercity
fixed-route providers and other OTRB
providers at up to 90 percent of the
project cost.
In FY 2006, following a one percent
rescission, $5,568,750 was made
available for intercity fixed-route service
providers and $1,856,250 was made
available for other over-the-road bus
service providers.
This announcement is available on
the Internet on the FTA Web site at:
https://www.fta.dot.gov. FTA will
announce final selections on the Web
site and in the Federal Register. A
synopsis of this announcement will be
posted in the FIND module of the
government-wide electronic grants Web
site at https://www.grants.gov.
Applications may be submitted to FTA
in hard copy or electronically through
the GRANTS.GOV APPLY function.
DATES: Complete applications for Overthe-Road Bus (OTRB) Program grants
must be submitted to the appropriate
FTA regional office (see Appendix C) by
April 3, 2006, or submitted
electronically through the https://
grants.gov Web site by the same date.
Anyone intending to apply
electronically should initiate the
process of registering on the https://
grants.gov site immediately to ensure
completion of registration before the
deadline for submission. FTA will
announce grant selections in the
Federal Register when the competitive
selection process is complete.
FOR FURTHER INFORMATION CONTACT: The
appropriate FTA Regional
Administrator (Appendix C) for
application-specific information and
issues. For general program information,
contact Blenda Younger, Office of
Transit Programs, (202) 366–2053, email: blenda.younger@fta.dot.gov. A
TDD is available at 1–800–877–8339
(TDD/FIRS).
Overview Information
Federal Agency Name: Department of
Transportation, Federal Transit
Administration (FTA).
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
Funding Opportunity Title: Capital
and Training Assistance Program for
Over-the-Road Bus Accessibility.
Announcement Type: Initial
Announcement: Notice of Availability
of Fiscal Year 2006 Funds: Solicitation
of Grant Applications.
(Catalog of Federal Domestic Assistance
(CFDA) Number: 20.518 Capital and Training
Assistance Program for Over-the-Road Bus
Accessibility.)
Complete applications for Overthe-Road Bus (OTRB) Program grants
must be submitted to the appropriate
FTA regional office (see Appendix C) by
April 3, 2006, or submitted
electronically through the https://
www.grants.gov Web site by the same
date.
Anyone intending to apply
electronically should initiate the
process of registering on the https://
grants.gov site immediately to ensure
completion of registration before the
deadline for submission. FTA will
announce grant selections when the
competitive selection process is
complete.
DATES:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review Information
VI. Award Administration Information
VII. Agency Contacts
Appendix A—Over-the-Road Bus
Accessibility Program Application
Appendix B—Federal Fiscal Year 2006
Certifications and Assurances for the
Federal Transit Administration Over-theRoad Bus Accessibility Grants
Appendix C—FTA Regional Offices
I. Funding Opportunity Description
A. Authority
The program is authorized under
Section 3038 of the Transportation
Equity Act for the 21st Century (TEA–
21), Pub. L. 105–85 as amended by
SAFETEA–LU, Pub. L. 109–059, August
10, 2005.
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B. Background
Over-the-road buses are used in
intercity fixed-route service as well as
other services, such as commuter,
charter, and tour bus services. These
services are an important element of the
U.S. transportation system. TEA–21
authorized FTA’s Over-the-road Bus
Accessibility Program to assist over-theroad bus operators in complying with
the Department’s Over-the-Road Bus
Accessibility rule, ‘‘Transportation for
Individuals with Disabilities’’ (49 CFR
Part 37) published in a Federal Register
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notice on September 28, 1998 (63 FR
51670).
Summary of DOT’s Over-the-Road Bus
Accessibility Rule
Deadlines for Acquiring Accessible
Vehicles. Under the over-the-road bus
accessibility rule, all new buses
obtained by large (Class I carriers, i.e.,
those with gross annual operating
revenues of $5.3 million or more), fixedroute carriers after October 30, 2000
must be accessible, with wheelchair lifts
and tie-downs that allow passengers to
ride in their own wheelchairs. The rule
requires 50 percent of the fixed-route
carriers’ fleets to be accessible by 2006,
and 100 percent of the vehicles in their
fleets to be accessible by 2012. The
buses acquired by small (gross operating
revenues of less than $5.3 million
annually) fixed-route providers after
October 29, 2001 also are required to be
lift-equipped, although they do not have
a deadline for total fleet accessibility.
Small providers also can provide
equivalent service in lieu of obtaining
accessible buses. Starting in 2001,
charter and tour companies have to
provide service in an accessible bus on
48 hours’ advance notice. Fixed-route
companies must also provide this kind
of service on an interim basis until their
fleets are completely accessible.
Deadlines for Delivering Accessible
Service. The rules for delivering
accessible motorcoach service went into
effect October 29, 2001 for large fixedroute, charter, tour and other demandresponsive motorcoach companies. The
rules went into effect for small operators
on October 28, 2002. After these dates,
companies must provide service in an
accessible coach to a passenger who
requests it and gives 48 hours’ advance
notice. Small companies may provide
equivalent service, instead of acquiring
accessible coaches. This equivalent
service may be provided in an alternate
vehicle (e.g.,a van), provided that the
service allows passengers to travel in
their own wheelchairs.
Specifications describing the design
features that an over-the-road bus must
have to be readily accessible to and
usable by persons who use wheelchairs
or other mobility aids required by the
‘‘Americans with Disabilities Act
Accessibility Guidelines for
Transportation Vehicles: Over-the-Road
Buses’’ rule (36 CFR part 1192) were
published in another Federal Register
notice on September 28, 1998.
C. Purpose
Improving mobility and shaping
America’s future by ensuring that the
transportation system is accessible,
integrated, and efficient, and offers
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flexibility of choices is a key strategic
goal of the Department of
Transportation. Over-the-road Bus
Accessibility projects will improve
mobility for individuals with
disabilities by providing financial
assistance to help make vehicles
accessible and training to ensure that
drivers and others understand how to
use accessibility features as well as how
to treat patrons with disabilities.
D. Vehicle and Service Definitions
An ‘‘over-the-road bus’’ is a bus
characterized by an elevated passenger
deck located over a baggage
compartment.
Intercity, fixed-route over-the-road
bus service is regularly scheduled bus
service for the general public, using an
over-the-road bus that: operates with
limited stops over fixed routes
connecting two or more urban areas not
in close proximity or connecting one or
more rural communities with an urban
area not in close proximity; has the
capacity for transporting baggage carried
by passengers; and makes meaningful
connections with scheduled intercity
bus service to more distant points. The
application includes six factors that will
be reviewed to determine eligibility for
the portion of the funding limited to
operators that qualify under this
definition.
Other over-the-road bus service means
any other transportation using over-theroad buses, including local fixed-route
service, commuter service, and charter
or tour service (including tour or
excursion service that includes features
in addition to bus transportation such as
meals, lodging, admission to points of
interest or special attractions). While
some commuter service may also serve
the needs of some intercity fixed-route
passengers, the statute includes
commuter service in the definition of
‘‘other’’ service. Commuter service
providers should apply for these funds,
even though the services designed to
meet the needs of commuters may also
provide service to intercity fixed-route
passengers on an incidental basis. If a
service provider can document that
more than 50 percent of its passengers
are using the service as intercity fixedroute service, the provider may apply
for the funds designated for intercity
fixed-route operators.
II. Award Information
Federal transit funds are available to
intercity fixed-route providers and other
OTRB providers at up to 90 percent of
the project cost. In FY 2006, after a one
percent rescission, $5,568,750 was made
available for intercity fixed-route service
providers and $1,856,250 was made
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available for other over-the-road bus
service providers. Successful applicants
will be awarded grants. Typical grants
under this program range from $25,000
to $180,000, with most grants being less
than $40,000, for lift equipment for one
bus.
III. Eligibility Information
1. Eligible Applicants
Grants will be made directly to
operators of over-the-road buses.
Intercity, fixed-route over-the-road bus
service providers may apply for the
$5,568,750 available to intercity fixedroute providers in FY 2006. Applicants
must establish eligibility as intercity
fixed-route providers by meeting
established criteria on six factors
identified in the application. Other
over-the-road bus service providers,
including operators of local fixed-route
service, commuter service, and charter
or tour service may apply for the
$1,856,250 available in FY 2006 for
these providers. OTRB operators who
provide both intercity, fixed-route
service and another type of service, such
as commuter, charter or tour, may apply
for both categories of funds with a single
application. Private for-profit operators
of over-the-road buses are eligible to be
direct applicants for this program. This
is a departure from most other FTA
programs for which the direct applicant
must be a state or local public body.
FTA does not award grants to public
bodies under this program.
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Eligible Projects
Projects to finance the incremental
capital and training costs of complying
with DOT’s over-the-road bus
accessibility rule (49 CFR part 37) are
eligible for funding. Incremental capital
costs eligible for funding include adding
lifts, tie-downs, moveable seats, doors
and all labor costs associated with work
on the vehicle needed to make vehicles
accessible. Retrofitting vehicles with
such accessibility components is also an
eligible expense. Please see Buy
America section for further
determination of eligibility.
FTA may award funds for costs
already incurred by the applicants. Any
new wheelchair accessible vehicles
delivered since June 8, 1998, the date
that the Transportation Equity Act for
the 21st Century was effective, are
eligible for funding under the program.
Vehicles of any age that have been
retrofitted with lifts and other
accessibility components since June 8,
1998 are also eligible for funding.
Eligible training costs are those
required by the final accessibility rule as
described in 49 CFR 37.209. These
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activities include training in proper
operation and maintenance of
accessibility features and equipment,
boarding assistance, securement of
mobility aids, sensitive and appropriate
interaction with passengers with
disabilities, and handling and storage of
mobility devices. The costs associated
with developing training materials or
providing training for local providers of
over-the-road bus services for these
purposes are eligible expenses.
FTA will not fund the incremental
costs of acquiring used wheelchair
accessible OTRBs, as it may be
impossible to verify whether or not FTA
funds were already used to make the
vehicles accessible. Also, it would be
difficult to place a value on the
accessibility features based upon the
depreciated value of the vehicle. FTA
wishes to increase the number of
wheelchair accessible over-the-road
buses available to persons with
disabilities throughout the country, and
the purchase of used accessible
vehicles, whether or not they were
previously funded by FTA, does not
further this objective.
FTA has sponsored the development
of accessibility training materials for
public transit operators. FTA-funded
Project Action is a national technical
assistance program to promote
cooperation between the disability
community and the transportation
industry. Project Action provides
training, resources and technical
assistance to thousands of disability
organizations, consumers with
disabilities, and transportation
operators. It maintains a resource center
with the most up-to-date information on
transportation accessibility. Project
Action may be contacted at: Project
Action, 700 Thirteenth Street NW.,
Suite 200, Washington, DC 20590.
Phone: 1–800–659–6428. Internet
address: https://www.projectaction.org/.
2. Cost Sharing or Matching
Federal transit funds are available to
intercity fixed-route providers and other
OTRB providers at up to 90 percent of
the project cost. A 10 percent match is
required.
IV. Application and Submission
Information
1. Address To Request Application
Package
This announcement includes all of
the information that you need to apply.
It is available on the Internet on the FTA
Web site at https://www.fta.dot.gov. FTA
will announce final selections on the
Web site and in the Federal Register. A
synopsis of this announcement will be
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posted in the FIND module of the
government-wide electronic grants Web
site at https://www.grants.gov.
2. Content and Form of Application
Submission
Guidelines for Preparing Grant
Application
FTA is conducting a national
solicitation for applications under the
OTRB Accessibility program. Grant
awards will be made on a competitive
basis. The application should provide
information on all items for which you
are requesting funding in FY 2006. If
you use another company’s previous
application as a guide, remember to
modify all elements as appropriate to
reflect your company’s situation. The
application must include a project
narrative in the format provided in
Appendix A, in addition to Standard
Form 424, ‘‘Application for Federal
Assistance’’.
Application Content
• Applicant Information
This addresses basic identifying
information, including:
a. Company name.
b. Dun and Bradstreet (D&B) Data
Universal Numbering System (DUNS)
number.
c. Contact information for notification
of project selection: Contact name,
address, fax and phone number.
d. Description of services provided by
company, including areas served.
e. For fixed-route carriers, whether
you are a large (Class I, with gross
annual operating revenues of $5.3
million or more) or small (gross
operating revenues of less than $5.3
million annually) carrier.
f. Existing fleet and employee
information, including number of overthe-road buses used for (1) intercity
fixed-route service, and (2) other
service, and number of employees.
g. If you provide both intercity fixedroute service and another type of
service, such as commuter, charter or
tour service, please provide an estimate
of the proportion of your service that is
intercity.
h. Description of your technical, legal,
and financial capacity to implement the
proposed project. Include evidence that
you currently possess appropriate
operating authority—e.g. DOT number if
you operate interstate or identifier
assigned by state if you do not operate
interstate service.
• Project Information
Every application must:
a. Provide the Federal amount
requested for each purpose for which
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funds are sought in the format in
Appendix A.
b. Document matching funds,
including amount and source.
c. Describe project, including
components to be funded, i.e., lifts, tiedowns, moveable seats, etc., and/or
training.
d. Provide project time-line, including
significant milestones such as date or
contract for purchase of vehicle(s), and
actual or expected delivery date of
vehicles.
e. Address each of the five statutory
evaluation criteria described in V.
f. If requesting funding for intercity
service, provide evidence that:
1. The applicant provides scheduled,
intercity, fixed route, over-the-road bus
service that interlines with one or more
scheduled, intercity bus operators.
(Such evidence includes applicant’s
membership in the National Bus Traffic
Association or participation in separate
interline agreements, and participation
in interline tariffs or price lists issued
by, or on behalf of, scheduled, intercity
bus operators with whom the applicant
interlines); and.
2. The applicant has obtained
authority from the Federal Motor Carrier
Safety Administration or the Interstate
Commerce Commission to operate
scheduled, intercity, fixed route service;
and as many of the following as are
applicable;
3. The applicant is included in
Russell’s Official National Motor Coach
Guide showing that it provides regularly
scheduled, fixed route over-the-road bus
service with meaningful connections
with scheduled intercity bus service to
more distant points.
4. The applicant maintains a website
showing routes and schedules of its
regularly scheduled, fixed route overthe-road bus service and its meaningful
connections to other scheduled,
intercity bus service.
5. The applicant maintains published
schedules showing its regularly
scheduled, fixed route over-the-road bus
service and its meaningful connections
to other scheduled, intercity bus service.
6. The applicant participates in the
International Registration Plan (IRP)
apportionment program.
• Labor Information
a. Identify any labor organizations
that may represent your employees and
all labor organizations that represent the
employees of any transit providers in
the service area of the project. For each
local of a nationally affiliated union, the
applicant must provide the name of the
national organization and the number or
other designation of the local union.
(For example, Amalgamated Transit
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Union local 1258.) Since DOL makes its
referral to the national union’s
headquarters, there is no need to
provide a means of contacting the local
organization.
b. For each independent labor
organization (i.e., a union that is not
affiliated with a national or
international organization) the local
information will be necessary (name of
organization, address, contact person,
phone, fax numbers).
c. Where a labor organization
represents transit employees in the
service area of the project, DOL must
refer the proposed protective
arrangements to each union and to each
recipient. For this reason, please
provide DOL with a contact person,
address, telephone number and fax
number for your company and
associated union information.
3. Submission Dates and Times
Complete applications for OTRB
Accessibility Program grants must be
submitted to the appropriate FTA
regional office (see Appendix C) April 3,
2006 or submitted electronically
through the https://grants.gov Web site
by the same date. Applicants planning
to apply electronically are encouraged
to begin the process of registration on
the https://grants.gov site well in
advance of the submission deadline.
Registration is a multi-step process,
which may take several weeks to
complete before an application can be
submitted. FTA will announce grant
selections when the competitive
selection process is complete.
4. Intergovernmental Review
This program is not generally subject
to Executive Order (EO) 12372,
‘‘Intergovernmental Review of Federal
Programs.’’ For more information,
contact the State’s Single Point of
Contact (SPOC) to find out about and
comply with the State’s process under
EO 12372. The names and addresses of
the SPOCs are listed in the Office of
Management and Budget’s home page at
https://www.whitehouse.gov/omb/grants/
spoc.html.
5. Funding Restrictions
Only applications from eligible
recipients for eligible activities will be
considered for funding (see Section III).
Due to funding limitations, applicants
that are selected for funding may receive
less than the amount requested.
6. Other Submission Requirements
Applicants should submit 3 copies of
their project proposal application,
consistent with the application format
provided at Appendix A, to the
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appropriate regional office or apply
electronically through the government
wide electronic grant application portal
at https://www.grants.gov.
V. Application Review Information
1. Project Evaluation Criteria
Projects will be evaluated according
to the following criteria:
A. The identified need for over-theroad bus accessibility for persons with
disabilities in the areas served by the
applicant. (20 points)
B. The extent to which the applicant
demonstrated innovative strategies and
financial commitment to providing
access to over-the-road buses to persons
with disabilities. (20 points)
C. The extent to which the over-theroad bus operator acquired equipment
required by DOT’s over-the-road bus
accessibility rule prior to the required
time-frame in the rule. (20 points)
D. The extent to which financing the
costs of complying with DOT’s rule
presents a financial hardship for the
applicant. (20 points)
E. The impact of accessibility
requirements on the continuation of
over-the-road bus service with
particular consideration of the impact of
the requirements on service to rural
areas and for low-income individuals.
(20 points)
Note: These are the statutory criteria upon
which funding decisions will be made. In
addition to these criteria, FTA may also
consider other factors, such as the size of the
applicant’s fleet and the level of FTA funding
that may already have been awarded to
applicants in prior years. Applicants will not
be considered for funding as intercity fixedroute operators unless they satisfy at a
minimum the first two criteria and at least
one of criteria three through five listed in
Project Information in the application
content applicable to intercity fixed-route
applicants.
2. Review and Selection Process
Each application is screened by a
panel of members represented by FTA
headquarters and regional staff.
Incomplete or non-responsive
applications will be disqualified.
Intercity fixed-route service providers
must provide evidence that they meet at
a minimum the first two criteria and at
least one of the next three criteria set
forth in Project Information, if funds are
requested under this category (see
Appendix A, 2, B). Applicants that do
not qualify as intercity-fixed route
operators may be considered for funding
in the ‘‘other’’ category. FTA will make
an effort to award every qualified
applicant at least one lift. Prior year
funding under the program is a factor,
however, so depending upon demand,
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an applicant that received significant
prior year funding may not be selected
to receive additional funding.
VI. Award Administration Information
1. Award Notices
FTA will screen all applications to
determine whether all required
eligibility elements, as described in III.
‘‘Eligibility Information’’ are present. An
FTA evaluation team will evaluate each
application according to the criteria
described in this announcement. FTA
will notify all applicants, both those
selected for funding and those not
selected when the competitive selection
process is complete. Projects selected
for funding will be published in a
Federal Register notice. Applicants
selected for funding must then apply to
the FTA regional office for the actual
grant award, sign Certifications and
Assurances, and execute a grant contract
before funds can be drawn down.
2. Administrative and National Policy
Requirements
hsrobinson on PROD1PC71 with NOTICES
A. Grant Requirements
Applicants selected for funding must
include documentation necessary to
meet the requirements of FTA’s
Nonurbanized Area Formula program
(Section 5311 under Title 49, United
States Code). Technical assistance
regarding these requirements is
available from each FTA regional office.
The regional offices will contact those
applicants selected for funding
regarding procedures for making the
required certifications and assurances to
FTA before grants are made.
The authority for these requirements
is provided by the Transportation
Equity Act for the 21st Century, Pub. L.
105–178, June 9, 1998, as amended by
the TEA–21 Restoration Act 105–206,
112 Stat. 685, July 22, 1998, 49 U.S.C.
chapter 53, Title 23, United States Code,
DOT and FTA regulations at 49 CFR,
and FTA Circulars.
B. Buy America
In the OTRB Accessibility program,
FTA’s Buy America regulations, 49 CFR
Part 661, apply to the incremental
capital cost of making vehicles
accessible. Those regulations do not
apply to associated labor costs. The
following discussion relates to the
contract between the grantee and the
prime contractor.
The ‘‘General Requirements’’ found at
49 CFR 661.5 apply to that portion of
the accessibility system being funded.
That section requires that all of the
manufacturing processes for the product
take place in the United States and that
all components of the product be made
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in the United States. A component is
considered domestic if it is
manufactured in the U.S.A., regardless
of the origin of its subcomponents. The
lift, the moveable seats, and the
securement devices will all be
considered components for purposes of
this program; accordingly, as
components, each must be
manufactured in the United States.
Should a recipient choose to request
funding for only a specific component,
such as the lift or the securement
device, then the Buy America
requirements would apply only to that
item funded by FTA.
Three exceptions to the general
requirements can be found at 49 CFR
661.7: first, a waiver may be requested
when the application of the regulation
is not in the public interest; second, a
waiver may be requested if the materials
and products being procured are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
and third, a price differential waiver
may be requested where the results of
competitive procurement show that
there is a 25 percent price difference
between the domestic and foreign
products. FTA approval of a waiver
must be received by the recipient of
FTA funds prior to the execution of
contract.
It should also be noted that FTA has
issued a general public interest waiver
for all purchases under the Federal
‘‘small purchase’’ threshold, which is
currently $100,000.
This waiver can be found in 49 CFR
661.7, Appendix A(e). In Section
3038(b) of TEA–21, Congress authorized
FTA financing of the incremental
capital costs of compliance with DOT’s
OTRB accessibility rule. Consistent with
this provision, the small purchase
waiver applies only to the incremental
cost of the accessibility features FTA is
funding. Where more than one bus is
purchased, the grantee must consider
the incremental cost increase for the
entire procurement when determining if
the small purchase waiver applies. For
example, if $30,000 is the incremental
cost for the accessibility features eligible
under this program per bus (regardless
of the Federal share contribution), then
a procurement of three buses with a
total such cost of $90,000, would qualify
for the small purchase waiver. No
special application to FTA would be
required.
The grantee must obtain a
certification from the bus manufacturer
that all items included in the
incremental cost for which the applicant
is applying for funds meet Buy America
requirements. The Buy America
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regulations can be found at https://
www.fta.dot.gov/library/legal/buyamer/.
C. Labor Protection
Before FTA may award a grant for
capital assistance, 49 U.S.C. 5333(b)
requires that fair and equitable
arrangements must be made to protect
the interests of transit employees
affected by FTA assistance. Those
arrangements must be certified by the
Secretary of Labor as meeting the
requirements of the statute. When a
labor organization represents a group of
affected employees in the service area of
an FTA project, the employee protective
arrangement is usually the product of
negotiations or discussions with the
union. The grant applicant can facilitate
Department of Labor (DOL) certification
by identifying in the application any
previously certified protective
arrangements that have been applied to
similar projects undertaken by the grant
applicant, if any. Receiving funds under
the OTRB Accessibility program,
however, will not require the grantee’s
employees to be represented by
organized labor. Nothing in the labor
protection provisions in 49 U.S.C
5333(b) requires a motorcoach operator
to become a union carrier or encourages
union organizing in any manner. Upon
receipt of a grant application requiring
employee protective arrangements, FTA
will transmit the application to DOL
and request certification of the
employee protective arrangements. In
accordance with DOL guidelines, DOL
notifies the relevant unions in the area
of the project that a grant for assistance
is pending and affords the grant
applicant and union the opportunity to
agree to an arrangement establishing the
terms and conditions of the employee
protections. If necessary, DOL furnishes
technical and mediation assistance to
the parties during their negotiations.
The Secretary of Labor may determine
the protections to be certified if the
parties do not reach an agreement after
good faith bargaining and mediation
efforts have been exhausted. DOL will
also set the protective conditions when
affected employees in the service area
are not represented by a union. When
DOL determines that employee
protective arrangements comply with
labor protection requirements, DOL will
provide a certification to FTA. The grant
agreement between FTA and the grant
applicant incorporates by reference the
employee protective arrangements
certified by DOL.
Applicants must identify any labor
organizations that may represent their
employees and all labor organizations
that represent the employees of any
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other transit providers in the service
area of the project.
For each local of a nationally
affiliated union, the applicant must
provide the name of the national
organization and the number or other
designation of the local union. (For
example, Amalgamated Transit Union
local 1258) Since DOL makes its referral
to the national union’s headquarters,
there is no need to provide a means of
contacting the local organization.
However, for each independent labor
organization (i.e., a union that is not
affiliated with a national or
international organization) the local
information will be necessary (name of
organization, address, contact person,
phone, fax numbers).
Where a labor organization represents
transit employees in the service area of
the project, DOL must refer the
proposed protective arrangements to
each union and to each recipient. For
this reason, please provide DOL with a
contact person, address, telephone
number and fax number for your
company, and associated union
information.
DOL issued a Federal Register notice
addressing the new TEA–21 programs,
including the OTRB Accessibility
Program, ‘‘Amendment to Section
5333(b) Guidelines to Carry Out New
Programs Authorized by the
Transportation Equity Act for the 21st
Century (TEA–21)’’; Final Rule, dated
July 28, 1999. FTA issued a ‘‘Dear
Colleague’’ letter, dated December 5,
2000, addressing DOL processing of
grant applications. Attached to the letter
is an application checklist, which
provides information that DOL must
have in order to review and certify FTA
grant applications. This letter and
attachment can be found at: https://
www.fta.dot.gov/office/public/
c0019.html. Questions concerning
protective arrangements and related
matters pertaining to transit employees
should be addressed to the Division of
Statutory Programs, Department of
Labor, 200 Constitution Avenue NW.,
Room N–5411, Washington, DC 20210;
telephone (202) 693–0126, fax (202)
219–5338.
D. Planning
Applicants are encouraged to notify
the appropriate state departments of
transportation and metropolitan
planning organizations (MPO) in areas
likely to be served by equipment made
accessible through funds made available
in this program. Those organizations, in
turn, should take appropriate steps to
inform the public, and individuals
requiring fully accessible services in
particular, of operators’ intentions to
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expand the accessibility of their
services. Incorporation of funded
projects in the plans and transportation
improvement programs of states and
metropolitan areas by states and MPOs
also is encouraged, but is not required.
E. Standard Assurances
The Applicant assures that it will
comply with all applicable Federal
statutes, regulations, executive orders,
FTA circulars, and other Federal
administrative requirements in carrying
out any project supported by the FTA
grant. The Applicant acknowledges that
it is under a continuing obligation to
comply with the terms and conditions
of the grant agreement issued for its
project with FTA. The Applicant
understands that Federal laws,
regulations, policies, and administrative
practices might be modified from time
to time and affect the implementation of
the project. The Applicant agrees that
the most recent Federal requirements
will apply to the project, unless FTA
issues a written determination
otherwise. The Applicant must submit
the Certifications and Assurances for the
FTA Over-the-Road Bus Accessibility
Program found at Appendix B.
3. Reporting
Post-award reporting requirements
include submission of final Financial
Status Report and milestone report, or
annual reports for grants remaining
open at the end of each Federal fiscal
year (September 30). Documentation is
required for payment.
VII. Agency Contact(s)
Contact the appropriate FTA Regional
Administrator (see Appendix C) for
application-specific information and
issues. For general program information,
contact Blenda Younger, Office of
Transit Programs, (202) 366–2053, email: blenda.younger@fta.dot.gov. A
TDD is available at 1–800–877–8339
(TDD/FIRS).
Issued on: January 27, 2006.
David B. Horner,
Chief Counsel.
Appendix A—Over-the-Road Bus
Accessibility Program Project Proposal
Application (Paper or Electronic Project
Narrative)
(See Section IV.2 of Federal Register
announcement for detailed explanation of
application content).
In addition to OMB Standard Form 424,
Application For Federal Assistance, provide
the following information:
1. Applicant Information
A. Company Name:
B. DUNS Number:
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C. For Notification of Project Selection
Contact:
Name of Individual:
Address:
FAX:
Telephone number:
D. Describe Services Provided by
Company, including Areas Served:
E. Intercity Fixed-Route Carriers:
llLarge/Class I (gross annual operating
revenues of $5.3 Million or more)
llSmall (gross annual revenues of less
than $5.3 Million)
F. Existing Fleet and Employee
Information:
llTotal number of over-the-road buses in
fleet
llNumber of over-the-road buses in fleet
used for intercity fixed-route service
llNumber of over-the-road buses
intercity-fixed-route service that currently
have lifts
llNumber of over-the-road buses in fleet
used for Other Service, e.g., Charter, Tour, &
Commuter
llNumber of over-the-road buses used in
‘‘other’’ service that currently have lifts
llNumber of Employees
G. Estimate of the proportion of service, if
any, that is intercity fixed-route
ll% of services is intercity fixed-route.
H. Describe your technical, legal, and
financial capacity to implement the proposed
project. Include evidence of operating
authority.
2. Project Information
A. Federal Amount Requested (Up to 90%
Federal Share):
Intercity Fixed Route Service:
$lllll for #lllll New Over-theroad Buses
$lllll for #lllll Retrofits
$lllll for #lllll Employees—
Training
Other Service (Commuter, Charter, or Tour)
$lllll for #lllll New Over-theroad Buses
$lllll for #lllll Retrofits
$lllll for #lllll Employees—
Training
B. If requesting funding for intercity
service, provide evidence that:
1. The applicant provides scheduled,
intercity, fixed route, over-the-road bus
service that interlines with one or more
scheduled, intercity bus operators. Such
evidence includes applicant’s membership in
the National Bus Traffic Association or
participation in separate interline
agreements, and participation in interline
tariffs or price lists issued by, or on behalf
of, scheduled, intercity bus operators with
whom the applicant interlines.
2. The applicant has obtained authority
from the Federal Motor Carrier Safety
Administration or the Interstate Commerce
Commission to operate scheduled, intercity,
fixed route service.
3. The applicant is included in Russell’s
Official National Motor Coach Guide
showing that it provides regularly scheduled,
fixed route over-the-road bus service with
meaningful connections with scheduled
intercity bus service to more distant points.
4. The applicant maintains a website
showing routes and schedules of its regularly
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scheduled, fixed route over-the-road bus
service and its meaningful connections to
other scheduled, intercity bus service.
5. The applicant maintains published
schedules showing its regularly scheduled,
fixed route over-the-road bus service and its
meaningful connections to other scheduled,
intercity bus service.
6. The applicant participates in the
International Registration Plan (IRP)
apportionment program.
C. Document Matching Funds, including
Amount and Source.
D. Describe Project, including Components
to be funded, i.e., Lifts, Tie-downs, Moveable
Seats, etc. and/or Training.
E. Provide Project Time Line, including
Significant Milestones such as Date of
Contract for Purchase of Vehicle(s), and
actual or expected delivery date of vehicles.
F. Project Evaluation Criteria. Provide
information addressing the following criteria:
• The identified need for over-the-road bus
accessibility for persons with disabilities in
the areas served by the applicant. (20 points)
• The extent to which the applicant
demonstrated innovative strategies and
financial commitment to providing access to
over-the-road buses to persons with
disabilities. (20 points)
• The extent to which the over-the-road
bus operator acquired equipment required by
DOT’s over-the-road bus accessibility rule
prior to the required time frame in the rule.
(20 points)
• The extent to which financing the costs
of complying with DOT’s rule presents a
financial hardship for the applicant. (20
points)
• The impact of accessibility requirements
on the continuation of over-the-road bus
service with particular consideration of the
impact of the requirements on service to rural
areas and for low income individuals. (20
points)
G. Labor Information
• List labor organizations that may
represent your employees and all labor
organizations that represent the employees of
any transit providers in the service area of
the project.
• For each local of a nationally affiliated
union, provide the name of the national
organization and the number or other
designation of the local union.
• For each independent labor organization,
provide the local information, including:
name of organization, address, contact
person, phone and fax numbers.
• For transit employee unions in service
area of project, provide information
including: contact person, address, telephone
number and fax number for your company
and associated union information.
Appendix B—Federal Fiscal Year 2006
Certifications and Assurances for the
Federal Transit Administration Overthe-Road Bus Accessibility Grants
This list is a comprehensive compilation of
the certifications and assurances required by
Federal law for the OTRB Accessibility
Grants. At the end of this list is a Signature
Page on which the Applicant and its attorney
certify compliance with all certifications and
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assurances applicable to the OTRB
Accessibility Grants. All Applicants are
advised to read the entire text of these
certifications and assurances to be confident
of their responsibilities and commitments.
If an Applicant has submitted the Federal
Transit Administration’s (FTA) standard
comprehensive Federal Fiscal Year 2006
Certifications and Assurances for Federal
Transit Administration Assistance Programs,
the Applicant need not submit these
certifications and assurances. This is because
the Categories I and II of certifications and
assurances below are identical, respectively,
to Categories 01 and 02 of FTA’s standard
certifications and assurances for Fiscal Year
2006.
References: The Transportation Equity Act
for the 21st Century, Pub. L. 105–178, June
9, 1998, as amended, 49 U.S.C. chapter 53,
Title 23, U.S.C., U.S. DOT and FTA
regulations at 49 CFR, joint U.S.
Architectural and Transportation Barriers
Compliance Board/U.S. DOT regulations at
36 CFR Part 1194, and FTA Circulars.
Category I. For Each Applicant
Each Applicant for FTA assistance must
provide all assurances in this Category ‘‘I.’’
Unless FTA expressly determines
otherwise in writing, FTA may not award any
Federal assistance until the Applicant
provides the following assurances by
selecting Category ‘‘I.’’
A. Assurance of Authority of the Applicant
and Its Representative
The authorized representative of the
Applicant and the attorney who sign these
certifications, assurances, and agreements
affirm that both the Applicant and its
authorized representative have adequate
authority under applicable state and local
law and the Applicant’s by-laws or internal
rules to:
(1) Execute and file the application for
Federal assistance on behalf of the Applicant;
(2) Execute and file the required
certifications, assurances, and agreements on
behalf of the Applicant binding the
Applicant; and
(3) Execute grant agreements and
cooperative agreements with FTA on behalf
of the Applicant.
B. Standard Assurances
The Applicant assures that it will comply
with all applicable Federal statutes and
regulations in carrying out any project
supported by an FTA grant or cooperative
agreement. The Applicant agrees that it is
under a continuing obligation to comply with
the terms and conditions of the grant
agreement or cooperative agreement issued
for its project with FTA. The Applicant
recognizes that Federal laws and regulations
may be modified from time to time and those
modifications may affect project
implementation.
The Applicant understands that
Presidential executive orders and Federal
directives, including Federal policies and
program guidance may be issued concerning
matters affecting the Applicant or its project.
The Applicant agrees that the most recent
Federal laws, regulations, and directives will
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apply to the project, unless FTA issues a
written determination otherwise.
C. Intergovernmental Review Assurance
The Applicant assures that each
application for Federal assistance it submits
to FTA has been or will be submitted for
intergovernmental review to the appropriate
state and local agencies as determined by the
state. Specifically, the Applicant assures that
it has fulfilled or will fulfill the obligations
imposed on FTA by U.S. Department of
Transportation (U.S. DOT) regulations,
‘‘Intergovernmental Review of Department of
Transportation Programs and Activities,’’ 49
CFR part 17.
D. Nondiscrimination Assurance
As required by 49 U.S.C. 5332 (which
prohibits discrimination on the basis of race,
color, creed, national origin, sex, or age, and
prohibits discrimination in employment or
business opportunity), by Title VI of the Civil
Rights Act of 1964, as amended, 42 U.S.C.
2000d, and by U.S. DOT regulations,
‘‘Nondiscrimination in Federally-Assisted
Programs of the Department of
Transportation—Effectuation of Title VI of
the Civil Rights Act,’’ 49 CFR part 21 at 21.7,
the Applicant assures that it will comply
with all requirements imposed by or issued
pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d,
and 49 CFR part 21, so that no person in the
United States, on the basis of race, color,
national origin, creed, sex, or age will be
excluded from participation in, be denied the
benefits of, or otherwise be subjected to
discrimination in any program or activity
(particularly in the level and quality of
transportation services and transportationrelated benefits) for which the Applicant
receives Federal assistance awarded by the
U.S. DOT or FTA.
Specifically, during the period in which
Federal assistance is extended to the project,
or project property is used for a purpose for
which the Federal assistance is extended or
for another purpose involving the provision
of similar services or benefits, or as long as
the Applicant retains ownership or
possession of the project property, whichever
is longer, the Applicant assures that:
(1) Each project will be conducted,
property acquisitions will be undertaken, and
project facilities will be operated in
accordance with all applicable requirements
imposed by or issued pursuant to 49 U.S.C.
5332, 42 U.S.C. 2000d, and 49 CFR part 21,
and understands that this assurance extends
to its entire facility and to facilities operated
in connection with the project.
(2) It will promptly take the necessary
actions to effectuate this assurance, including
notifying the public that complaints of
discrimination in the provision of
transportation-related services or benefits
may be filed with U.S. DOT or FTA. Upon
request by U.S. DOT or FTA, the Applicant
assures that it will submit the required
information pertaining to its compliance with
these provisions.
(3) It will include in each subagreement,
property transfer agreement, third party
contract, third party subcontract, or
participation agreement adequate provisions
to extend the requirements imposed by or
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issued pursuant to 49 U.S.C. 5332, 42 U.S.C.
2000d and 49 CFR part 21 to other parties
involved therein including any subrecipient,
transferee, third party contractor, third party
subcontractor at any level, successor in
interest, or any other participant in the
project.
(4) Should it transfer real property,
structures, or improvements financed with
Federal assistance provided by FTA to
another party, any deeds and instruments
recording the transfer of that property shall
contain a covenant running with the land
assuring nondiscrimination for the period
during which the property is used for a
purpose for which the Federal assistance is
extended or for another purpose involving
the provision of similar services or benefits.
(5) The United States has a right to seek
judicial enforcement with regard to any
matter arising under the Act, regulations, and
this assurance.
(6) It will make any changes in its Title VI
implementing procedures as U.S. DOT or
FTA may request to achieve compliance with
the requirements imposed by or issued
pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d,
and 49 CFR part 21.
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E. Assurance of Nondiscrimination on the
Basis of Disability
As required by U.S. DOT regulations,
‘‘Nondiscrimination on the Basis of Handicap
in Programs and Activities Receiving or
Benefiting from Federal Financial
Assistance,’’ at 49 CFR 27.9, the Applicant
assures that, as a condition to the approval
or extension of any Federal assistance
awarded by FTA to construct any facility,
obtain any rolling stock or other equipment,
undertake studies, conduct research, or to
participate in or obtain any benefit from any
program administered by FTA, no otherwise
qualified person with a disability shall be,
solely by reason of that disability, excluded
from participation in, denied the benefits of,
or otherwise subjected to discrimination in
any program or activity receiving or
benefiting from Federal assistance
administered by the FTA or any entity within
U.S. DOT. The Applicant assures that project
implementation and operations so assisted
will comply with all applicable requirements
of U.S. DOT regulations implementing the
Rehabilitation Act of 1973, as amended, 29
U.S.C. 794, et seq., and the Americans with
Disabilities Act of 1990, as amended, 42
U.S.C. 12101 et seq., and implementing U.S.
DOT regulations at 49 CFR parts 27, 37, and
38, and any other applicable Federal laws
that may be enacted or Federal regulations
that may be promulgated.
F. U.S. Office of Management and Budget
(OMB) Assurances
Consistent with OMB assurances set forth
in SF–424B and SF–424D, the Applicant
assures that, with respect to itself or its
project, the Applicant:
(1) Has the legal authority to apply for
Federal assistance and the institutional,
managerial, and financial capability
(including funds sufficient to pay the nonFederal share of project cost) to ensure
proper planning, management, and
completion of the project described in its
application;
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(2) Will give FTA, the Comptroller General
of the United States, and, if appropriate, the
state, through any authorized representative,
access to and the right to examine all records,
books, papers, or documents related to the
award; and will establish a proper accounting
system in accordance with generally
accepted accounting standards or agency
directives;
(3) Will establish safeguards to prohibit
employees from using their positions for a
purpose that constitutes or presents the
appearance of personal or organizational
conflict of interest or personal gain;
(4) Will initiate and complete the work
within the applicable project time periods
following receipt of FTA approval;
(5) Will comply with all applicable Federal
statutes relating to nondiscrimination
including, but not limited to:
(a) Title VI of the Civil Rights Act, 42
U.S.C. 2000d, which prohibits discrimination
on the basis of race, color, or national origin;
(b) Title IX of the Education Amendments
of 1972, as amended, 20 U.S.C. 1681 through
1683, and 1685 through 1687, and U.S. DOT
regulations, ‘‘Nondiscrimination on the Basis
of Sex in Education Programs or Activities
Receiving Federal Financial Assistance,’’ 49
CFR part 25, which prohibit discrimination
on the basis of sex;
(c) Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of
handicap;
(d) The Age Discrimination Act of 1975, as
amended, 42 U.S.C. 6101 through 6107,
which prohibits discrimination on the basis
of age;
(e) The Drug Abuse Office and Treatment
Act of 1972, Pub. L. 92–255, March 21, 1972,
and amendments thereto, 21 U.S.C. 1174 et
seq. relating to nondiscrimination on the
basis of drug abuse;
(f) The Comprehensive Alcohol Abuse and
Alcoholism Prevention Act of 1970, Pub. L.
91–616, Dec. 31, 1970, and amendments
thereto, 42 U.S.C. 4581 et seq. relating to
nondiscrimination on the basis of alcohol
abuse or alcoholism;
(g) The Public Health Service Act of 1912,
as amended, 42 U.S.C. 290dd–3 and 290ee–
3, related to confidentiality of alcohol and
drug abuse patient records;
(h) Title VIII of the Civil Rights Act, 42
U.S.C. 3601 et seq., relating to
nondiscrimination in the sale, rental, or
financing of housing;
(i) Any other nondiscrimination provisions
in the specific statutes under which Federal
assistance for the project may be provided
including, but not limited, to 49 U.S.C. 5332,
which prohibits discrimination on the basis
of race, color, creed, national origin, sex, or
age, and prohibits discrimination in
employment or business opportunity, and
section 1101(b) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act:
A Legacy for Users (SAFETEA–LU), 23 U.S.C.
101 note, which provides for participation of
disadvantaged business enterprises in FTA
programs; and
(j) Any other nondiscrimination statute(s)
that may apply to the project;
(6) To the extent applicable, will comply
with, or has complied with, the requirements
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5725
of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970, as amended, (Uniform
Relocation Act) 42 U.S.C. 4601 et seq.,
which, among other things, provide for fair
and equitable treatment of persons displaced
or persons whose property is acquired as a
result of Federal or federally assisted
programs. These requirements apply to all
interests in real property acquired for project
purposes and displacement caused by the
project regardless of Federal participation in
any purchase. As required by sections 210
and 305 of the Uniform Relocation Act, 42
U.S.C. 4630 and 4655, and by U.S. DOT
regulations, ‘‘Uniform Relocation Assistance
and Real Property Acquisition for Federal
and Federally Assisted Programs,’’ 49 CFR
24.4, the Applicant assures that it has the
requisite authority under applicable state and
local law to comply with the requirements of
the Uniform Relocation Act, 42 U.S.C. 4601
et seq., and U.S. DOT regulations, ‘‘Uniform
Relocation Assistance and Real Property
Acquisition for Federal and Federally
Assisted Programs,’’ 49 CFR part 24, and will
comply with that Act or has complied with
that Act and those implementing regulations,
including but not limited to the following:
(a) The Applicant will adequately inform
each affected person of the benefits, policies,
and procedures provided for in 49 CFR part
24;
(b) The Applicant will provide fair and
reasonable relocation payments and
assistance as required by 42 U.S.C. 4622,
4623, and 4624; 49 CFR part 24; and any
applicable FTA procedures, to or for families,
individuals, partnerships, corporations, or
associations displaced as a result of any
project financed with FTA assistance;
(c) The Applicant will provide relocation
assistance programs offering the services
described in 42 U.S.C. 4625 to such
displaced families, individuals, partnerships,
corporations, or associations in the manner
provided in 49 CFR part 24;
(d) Within a reasonable time before
displacement, the Applicant will make
available comparable replacement dwellings
to displaced families and individuals as
required by 42 U.S.C. 4625(c)(3);
(e) The Applicant will carry out the
relocation process in such manner as to
provide displaced persons with uniform and
consistent services, and will make available
replacement housing in the same range of
choices with respect to such housing to all
displaced persons regardless of race, color,
religion, or national origin;
(f) In acquiring real property, the Applicant
will be guided to the greatest extent
practicable under state law, by the real
property acquisition policies of 42 U.S.C.
4651 and 4652;
(g) The Applicant will pay or reimburse
property owners for necessary expenses as
specified in 42 U.S.C. 4653 and 4654, with
the understanding that FTA will provide
Federal financial assistance for the
Applicant’s eligible costs of providing
payments for those expenses, as required by
42 U.S.C. 4631;
(h) The Applicant will execute such
amendments to third party contracts and
subagreements financed with FTA assistance
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and execute, furnish, and be bound by such
additional documents as FTA may determine
necessary to effectuate or implement the
assurances provided herein; and
(i) The Applicant agrees to make these
assurances part of or incorporate them by
reference into any third party contract or
subagreement, or any amendments thereto,
relating to any project financed by FTA
involving relocation or land acquisition and
provide in any affected document that these
relocation and land acquisition provisions
shall supersede any conflicting provisions;
(7) To the extent applicable, will comply
with the Davis-Bacon Act, as amended, 40
U.S.C. 3141 et seq., the Copeland ‘‘AntiKickback’’ Act, as amended, 18 U.S.C. 874,
and the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. 3701
et seq., regarding labor standards for federally
assisted subagreements;
(8) To the extent applicable, will comply
with the flood insurance purchase
requirements of section 102(a) of the Flood
Disaster Protection Act of 1973, as amended,
42 U.S.C. 4012a(a), requiring Applicants and
their subrecipients s in a special flood hazard
area to participate in the program and
purchase flood insurance if the total cost of
insurable construction and acquisition is
$10,000 or more;
(9) To the extent applicable, will comply
with the Lead-Based Paint Poisoning
Prevention Act, 42 U.S.C. 4831(b), which
prohibits the use of lead-based paint in the
construction or rehabilitation of residence
structures;
(10) To the extent applicable, will not
dispose of, modify the use of, or change the
terms of the real property title or other
interest in the site and facilities on which a
construction project supported with FTA
assistance takes place without permission
and instructions from FTA;
(11) To the extent required by FTA, will
record the Federal interest in the title of real
property, and will include a covenant in the
title of real property acquired in whole or in
part with Federal assistance funds to assure
nondiscrimination during the useful life of
the project;
(12) To the extent applicable, will comply
with FTA provisions concerning the drafting,
review, and approval of construction plans
and specifications of any construction project
supported with FTA assistance. As required
by U.S. DOT regulations, ‘‘Seismic Safety,’’
49 CFR 41.117(d), before accepting delivery
of any building financed with FTA
assistance, it will obtain a certificate of
compliance with the seismic design and
construction requirements of 49 CFR part 41;
(13) To the extent applicable, will provide
and maintain competent and adequate
engineering supervision at the construction
site of any project supported with FTA
assistance to ensure that the complete work
conforms with the approved plans and
specifications, and will furnish progress
reports and such other information as may be
required by FTA or the state;
(14) To the extent applicable, will comply
with any applicable environmental standards
that may be prescribed to implement the
following Federal laws and executive orders:
(a) Institution of environmental quality
control measures under the National
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Environmental Policy Act of 1969, as
amended, 42 U.S.C. 4321 through 4335 and
Executive Order No. 11514, as amended, 42
U.S.C. 4321 note;
(b) Notification of violating facilities
pursuant to Executive Order No. 11738, 42
U.S.C. 7606 note;
(c) Protection of wetlands pursuant to
Executive Order No. 11990, 42 U.S.C. 4321
note;
(d) Evaluation of flood hazards in
floodplains in accordance with Executive
Order No. 11988, 42 U.S.C. 4321 note;
(e) Assurance of project consistency with
the approved state management program
developed pursuant to the requirements of
the Coastal Zone Management Act of 1972, as
amended, 16 U.S.C. 1451 through 1465;
(f) Conformity of Federal actions to State
(Clean Air) Implementation Plans under
section 176(c) of the Clean Air Act of 1955,
as amended, 42 U.S.C. 7401 through 7671q;
(g) Protection of underground sources of
drinking water under the Safe Drinking
Water Act of 1974, as amended, 42 U.S.C.
300f through 300j–6;
(h) Protection of endangered species under
the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 through 1544; and
(i) Environmental protections for Federal
transportation programs, including, but not
limited to, protections for parks, recreation
areas, or wildlife or waterfowl refuges of
national, state, or local significance or any
land from a historic site of national, state, or
local significance to be used in a
transportation project as required by 49
U.S.C. 303(b) and 303(c);
(j) Protection of the components of the
national wild and scenic rivers systems, as
required under the Wild and Scenic Rivers
Act of 1968, as amended, 16 U.S.C. 1271
through 1287; and
(k) Provision of assistance to FTA in
complying with section 106 of the National
Historic Preservation Act of 1966, as
amended, 16 U.S.C. 470f; with the
Archaeological and Historic Preservation Act
of 1974, as amended, 16 U.S.C. 469 through
469c; and with Executive Order No. 11593
(identification and protection of historic
properties), 16 U.S.C. 470 note;
(15) To the extent applicable, will comply
with the requirements of the Hatch Act, 5
U.S.C. 1501 through 1508 and 7324 through
7326, which limit the political activities of
state and local agencies and their officers and
employees whose primary employment
activities are financed in whole or part with
Federal funds including a Federal loan, grant
agreement, or cooperative agreement except,
in accordance with 49 U.S.C. 5307(k)(2) and
23 U.S.C. 142(g), the Hatch Act does not
apply to a nonsupervisory employee of a
public transportation system (or of any other
agency or entity performing related
functions) receiving FTA assistance to whom
that Act does not otherwise apply;
(16) To the extent applicable, will comply
with the National Research Act, Pub. L. 93–
348, July 12, 1974, as amended, 42 U.S.C. 289
et seq., and U.S. DOT regulations,
‘‘Protection of Human Subjects,’’ 49 CFR part
11, regarding the protection of human
subjects involved in research, development,
and related activities supported by Federal
assistance;
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Frm 00089
Fmt 4703
Sfmt 4703
(17) To the extent applicable, will comply
with the Laboratory Animal Welfare Act of
1966, as amended, 7 U.S.C. 2131 et seq., and
U.S. Department of Agriculture regulations,
‘‘Animal Welfare,’’ 9 CFR subchapter A, parts
1, 2, 3, and 4, regarding the care, handling,
and treatment of warm blooded animals held
or used for research, teaching, or other
activities supported by Federal assistance;
(18) Will have performed the financial and
compliance audits as required by the Single
Audit Act Amendments of 1996, 31 U.S.C.
7501 et seq., OMB Circular A–133, ‘‘Audits
of States, Local Governments, and Non-Profit
Organizations,’’ Revised, and the most recent
applicable OMB A–133 Compliance
Supplement provisions for the U.S. DOT; and
(19) To the extent applicable, will comply
with all applicable provisions of all other
Federal laws, regulations, and directives
governing the project, except to the extent
that FTA has expressly approved otherwise
in writing.
II. Lobbying Certification
An Applicant that submits or intends to
submit an application to FTA for Federal
assistance exceeding $100,000 is required to
provide the following certification. FTA may
not award Federal assistance exceeding
$100,000 until the Applicant provides this
certification by selecting Category ‘‘II.’’
A. As required by 31 U.S.C. 1352 and U.S.
DOT regulations, ‘‘New Restrictions on
Lobbying,’’ at 49 CFR 20.110, the Applicant’s
authorized representative certifies to the best
of his or her knowledge and belief that for
each application to FTA for Federal
assistance exceeding $100,000:
(1) No Federal appropriated funds have
been or will be paid by or on behalf of the
Applicant to any person to influence or
attempt to influence an officer or employee
of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an
employee of a Member of Congress regarding
the award of Federal assistance, or the
extension, continuation, renewal,
amendment, or modification of any Federal
assistance agreement; and
(2) If any funds other than Federal
appropriated funds have been or will be paid
to any person to influence or attempt to
influence an officer or employee of any
Federal agency, a Member of Congress, an
officer or employee of Congress, or an
employee of a Member of Congress in
connection with any application for Federal
assistance, the Applicant assures that it will
complete and submit Standard Form–LLL,
‘‘Disclosure Form to Report Lobbying,’’
including information required by the
instructions accompanying the form, which
form may be amended to omit such
information as authorized by 31 U.S.C. 1352.
(3) The language of this certification shall
be included in the award documents for all
subawards at all tiers (including
subcontracts, subgrants, subagreements,
contracts under grants, loans, and
cooperative agreements).
B. The Applicant understands that this
certification is a material representation of
fact upon which reliance is placed by the
Federal Government and that submission of
this certification is a prerequisite for
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
12300 West Dakota Avenue Suite 310,
Lakewood, CO 80228–2583, (720) 963–3300.
Region IX—California, Arizona, Nevada,
Hawaii, American Samoa, Guam, Leslie
Rogers, FTA Regional Administrator, 201
Mission Street, Suite 1650, San Francisco,
CA 94105–1831, (415) 744–3133.
Signature Page
Region X—Washington, Oregon, Idaho,
Alaska, Richard Krochalis, FTA Regional
Certifications and Assurances for the
Affirmation of Applicant’s Attorney
Administrator, Jackson Federal Building, 915
FTA Over-the-Road Bus Accessibility
For (Name of Applicant): lllllllll Second Avenue, Suite 3142, Seattle, WA
Program
As the undersigned Attorney for the above
98174–1002, (206) 220–7954.
named Applicant, I hereby affirm to the
The Applicant agrees to comply with the
[FR Doc. E6–1396 Filed 2–1–06; 8:45 am]
Applicant that it has authority under state
applicable requirements of the following
BILLING CODE 4910–57–P
and local law to make and comply with the
Categories of certifications and assurances it
certifications and assurances as indicated on
has selected below:
the foregoing pages. I further affirm that, in
my opinion, the certifications and assurances DEPARTMENT OF TRANSPORTATION
Category
Description
have been legally made and constitute legal
I. ............. For Each Applicant ...
lll and binding obligations on the Applicant.
National Highway Traffic Safety
II. ........... Lobbying ....................
lll
I further affirm to the Applicant that, to the Administration
best of my knowledge, there is no legislation
Affirmation of Applicant
[NHTSA–2006–23772]
or litigation pending or imminent that might
Name of Applicant: lllllllllll adversely affect the validity of these
Incentive Grant Program To Prohibit
certifications and assurances, or of the
Name and Relationship of Authorized RepRacial Profiling
performance of the project.
resentative: lllllllllllllll
Signature llllllllllllllll AGENCY: National Highway Traffic
BY SIGNING BELOW, on behalf of the
Date: llllllllllllllllll Safety Administration, DOT.
Applicant, I declare that the Applicant has
duly authorized me to make the certifications Name llllllllllllllllll ACTION: Announcement of an incentive
and assurances set forth above and bind the
Attorney for Applicant
grant program to encourage States to
Applicant’s compliance. Thus, the Applicant (These Signature Pages must be appropriately
enact and enforce laws that prohibit the
agrees to comply with all Federal statutes,
completed and signed as indicated.)
use of racial profiling in the
regulations, executive orders, and Federal
enforcement of traffic laws on Federalrequirements applicable to each application
Appendix C—FTA Regional Offices
aid highways, and to maintain and
it makes to the Federal Transit
Region I—Massachusetts, Rhode Island,
Administration (FTA) in Federal Fiscal Year
allow public inspection of statistics on
Connecticut, New Hampshire, Vermont and
2006.
motor vehicle stops.
Maine, Richard H. Doyle, FTA Regional
FTA intends that the certifications and
Administrator, Volpe National
assurances the Applicant selects above, as
SUMMARY: The National Highway Traffic
Transportation Systems Center, Kendall
representative of the certifications and
Safety Administration (NHTSA)
Square, 55 Broadway, Suite 920, Cambridge,
assurances in set forth in this document,
announces a new incentive grant
MA 02142–1093, (617) 494–2055.
should apply, as required, to each Over-theRegion II—New York, New Jersey, Virgin
program concerning racial profiling
Road Bus Accessibility Grant for which the
Islands, Letitia Thompson, FTA Regional
under section 1906 of the Safe,
Applicant seeks now, or may later, seek FTA
Administrator, One Bowling Green, Room
Accountable, Flexible, Efficient
assistance during Federal Fiscal Year 2006.
429, New York, NY 10004–1415, (212) 668–
Transportation Equity Act: A Legacy For
The Applicant affirms the truthfulness and
2170.
Users (SAFETEA–LU). This Notice
accuracy of the certifications and assurances
Region III—Pennsylvania, Maryland,
it has made in the statements submitted
informs the 50 states, the District of
Virginia, West Virginia, Delaware,
herein with this document and any other
Columbia, Puerto Rico, the Virgin
Washington, DC, Susan Borinsky, FTA
submission made to FTA, and acknowledges
Islands, Guam, American Samoa, and
Regional Administrator, 1760 Market Street,
that the provisions of the Program Fraud
the Commonwealth of the Northern
Suite 500, Philadelphia, PA 19103–4124,
Civil Remedies Act of 1986, 31 U.S.C. 3801
(215) 656–7100.
Mariana Islands, through their
et seq., as implemented by U.S. DOT
Region IV—Georgia, North Carolina, South Governors’ Representatives for Highway
regulations, ‘‘Program Fraud Civil
Carolina, Florida, Mississippi, Tennessee,
Safety, of the application procedures for
Remedies,’’ 49 CFR part 31 apply to any
Kentucky, Alabama, Puerto Rico, Yvette G.
grants available in fiscal years 2006
certification, assurance or submission made
Taylor, FTA Regional Administrator, 61
to FTA. The criminal fraud provisions of 18
through 2009.
Forsyth Street, SW., Suite 17T50, Atlanta, GA
U.S.C. 1001 apply to any certification,
DATES: Applications must be received
30303, (404) 562–3500.
assurance, or submission made in connection
by the appropriate NHTSA Regional
Region V—Illinois, Indiana, Ohio,
with a Federal Transit program authorized in
Office on or before July 1 of the fiscal
Wisconsin, Minnesota, Michigan, Marisol R.
Chapter 53 or any other statute
Simon, FTA Regional Administrator, 200
year for which a State seeks a grant.
In signing this document, I declare under
West Adams Street, Suite 320, Chicago, IL
penalties of perjury that the foregoing
ADDRESSES: Applications must be
60606–5232, (312) 353–2789.
certifications and assurances, and any other
submitted to the appropriate Regional
Region VI—Texas, New Mexico, Louisiana,
statements made by me on behalf of the
Administrator.
Arkansas, Oklahoma, Robert Patrick, FTA
Applicant are true and correct.
Regional Administrator, 819 Taylor Street,
FOR FURTHER INFORMATION CONTACT: For
Signature llllllllllllllll
Room 8A36, Ft. Worth, TX 76102, (817) 978– program issues, Keith Williams, Office
Date: llllllllllllllllll 0550.
of Traffic Injury Control, Enforcement &
Name llllllllllllllllll
Region VII—Iowa, Nebraska, Kansas,
Justice Services Division (NTI–122),
Missouri, Mokhtee Ahmad, FTA Regional
Authorized Representative of Applicant
NHTSA, 400 Seventh Street, SW., Room
Administrator, 901 Locust Street, Suite 404,
5130, Washington, DC, 20590, by phone
Signature Page
Kansas City, MO 64106, (816) 329–3920.
at (202) 366–0543 or by e-mail at
Region VIII—Colorado, North Dakota,
Each Applicant for an FTA Over-the-Road
Bus Accessibility Grant must provide an
South Dakota, Montana, Wyoming, Utah, Lee keith.williams@nhtsa.dot.gov. For legal
issues, Dana Sade, Office of Chief
Affirmation of Applicant’s Attorney
Waddleton, FTA Regional Administrator,
providing Federal assistance for a transaction
covered by 31 U.S.C. 1352. The Applicant
also understands that any person who fails to
file a required certification shall be subject to
a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
hsrobinson on PROD1PC71 with NOTICES
pertaining to the Applicant’s legal capacity.
The Applicant may enter its signature in lieu
of the Attorney’s signature, provided the
Applicant has on file this Affirmation, signed
by the attorney and dated this Federal fiscal
year, and the Attorney’s Affirmation has been
entered into the TEAM-Web system as an
attachment.
5727
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E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5718-5727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1396]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Over-the-Road Bus Accessibility Program Grants
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Fiscal Year 2006 Funds: Solicitation
of Grant Applications.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Transportation (DOT) Federal Transit
Administration (FTA) announces the availability of funds in fiscal year
(FY) 2006 for the Over-the-Road Bus (OTRB) Accessibility Program,
authorized by Section 3038 of the Transportation Equity Act for the
21st Century (TEA-21). The OTRB Accessibility Program makes funds
available to private operators of over-the-road buses to finance the
incremental capital and training costs of complying with DOT's over-
the-road bus accessibility final rule, 49 CFR Part 37, published in a
Federal Register notice on September 28, 1998 (63 FR 51670). The
authorizing legislation calls for national solicitation of
applications, with grantees to be selected on a competitive basis.
Federal transit funds are available to intercity fixed-route providers
and other OTRB providers at up to 90 percent of the project cost.
In FY 2006, following a one percent rescission, $5,568,750 was made
available for intercity fixed-route service providers and $1,856,250
was made available for other over-the-road bus service providers.
This announcement is available on the Internet on the FTA Web site
at: https://www.fta.dot.gov. FTA will announce final selections on the
Web site and in the Federal Register. A synopsis of this announcement
will be posted in the FIND module of the government-wide electronic
grants Web site at https://www.grants.gov. Applications may be submitted
to FTA in hard copy or electronically through the GRANTS.GOV APPLY
function.
DATES: Complete applications for Over-the-Road Bus (OTRB) Program
grants must be submitted to the appropriate FTA regional office (see
Appendix C) by April 3, 2006, or submitted electronically through the
https://grants.gov Web site by the same date. Anyone intending to apply
electronically should initiate the process of registering on the http:/
/grants.gov site immediately to ensure completion of registration
before the deadline for submission. FTA will announce grant selections
in the Federal Register when the competitive selection process is
complete.
FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional
Administrator (Appendix C) for application-specific information and
issues. For general program information, contact Blenda Younger, Office
of Transit Programs, (202) 366-2053, e-mail:
blenda.younger@fta.dot.gov. A TDD is available at 1-800-877-8339 (TDD/
FIRS).
Overview Information
Federal Agency Name: Department of Transportation, Federal Transit
Administration (FTA).
[[Page 5719]]
Funding Opportunity Title: Capital and Training Assistance Program
for Over-the-Road Bus Accessibility.
Announcement Type: Initial Announcement: Notice of Availability of
Fiscal Year 2006 Funds: Solicitation of Grant Applications.
(Catalog of Federal Domestic Assistance (CFDA) Number: 20.518
Capital and Training Assistance Program for Over-the-Road Bus
Accessibility.)
DATES: Complete applications for Over-the-Road Bus (OTRB) Program
grants must be submitted to the appropriate FTA regional office (see
Appendix C) by April 3, 2006, or submitted electronically through the
https://www.grants.gov Web site by the same date.
Anyone intending to apply electronically should initiate the
process of registering on the https://grants.gov site immediately to
ensure completion of registration before the deadline for submission.
FTA will announce grant selections when the competitive selection
process is complete.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review Information
VI. Award Administration Information
VII. Agency Contacts
Appendix A--Over-the-Road Bus Accessibility Program Application
Appendix B--Federal Fiscal Year 2006 Certifications and Assurances
for the Federal Transit Administration Over-the-Road Bus
Accessibility Grants
Appendix C--FTA Regional Offices
I. Funding Opportunity Description
A. Authority
The program is authorized under Section 3038 of the Transportation
Equity Act for the 21st Century (TEA-21), Pub. L. 105-85 as amended by
SAFETEA-LU, Pub. L. 109-059, August 10, 2005.
B. Background
Over-the-road buses are used in intercity fixed-route service as
well as other services, such as commuter, charter, and tour bus
services. These services are an important element of the U.S.
transportation system. TEA-21 authorized FTA's Over-the-road Bus
Accessibility Program to assist over-the-road bus operators in
complying with the Department's Over-the-Road Bus Accessibility rule,
``Transportation for Individuals with Disabilities'' (49 CFR Part 37)
published in a Federal Register notice on September 28, 1998 (63 FR
51670).
Summary of DOT's Over-the-Road Bus Accessibility Rule
Deadlines for Acquiring Accessible Vehicles. Under the over-the-
road bus accessibility rule, all new buses obtained by large (Class I
carriers, i.e., those with gross annual operating revenues of $5.3
million or more), fixed-route carriers after October 30, 2000 must be
accessible, with wheelchair lifts and tie-downs that allow passengers
to ride in their own wheelchairs. The rule requires 50 percent of the
fixed-route carriers' fleets to be accessible by 2006, and 100 percent
of the vehicles in their fleets to be accessible by 2012. The buses
acquired by small (gross operating revenues of less than $5.3 million
annually) fixed-route providers after October 29, 2001 also are
required to be lift-equipped, although they do not have a deadline for
total fleet accessibility. Small providers also can provide equivalent
service in lieu of obtaining accessible buses. Starting in 2001,
charter and tour companies have to provide service in an accessible bus
on 48 hours' advance notice. Fixed-route companies must also provide
this kind of service on an interim basis until their fleets are
completely accessible.
Deadlines for Delivering Accessible Service. The rules for
delivering accessible motorcoach service went into effect October 29,
2001 for large fixed-route, charter, tour and other demand-responsive
motorcoach companies. The rules went into effect for small operators on
October 28, 2002. After these dates, companies must provide service in
an accessible coach to a passenger who requests it and gives 48 hours'
advance notice. Small companies may provide equivalent service, instead
of acquiring accessible coaches. This equivalent service may be
provided in an alternate vehicle (e.g.,a van), provided that the
service allows passengers to travel in their own wheelchairs.
Specifications describing the design features that an over-the-road
bus must have to be readily accessible to and usable by persons who use
wheelchairs or other mobility aids required by the ``Americans with
Disabilities Act Accessibility Guidelines for Transportation Vehicles:
Over-the-Road Buses'' rule (36 CFR part 1192) were published in another
Federal Register notice on September 28, 1998.
C. Purpose
Improving mobility and shaping America's future by ensuring that
the transportation system is accessible, integrated, and efficient, and
offers flexibility of choices is a key strategic goal of the Department
of Transportation. Over-the-road Bus Accessibility projects will
improve mobility for individuals with disabilities by providing
financial assistance to help make vehicles accessible and training to
ensure that drivers and others understand how to use accessibility
features as well as how to treat patrons with disabilities.
D. Vehicle and Service Definitions
An ``over-the-road bus'' is a bus characterized by an elevated
passenger deck located over a baggage compartment.
Intercity, fixed-route over-the-road bus service is regularly
scheduled bus service for the general public, using an over-the-road
bus that: operates with limited stops over fixed routes connecting two
or more urban areas not in close proximity or connecting one or more
rural communities with an urban area not in close proximity; has the
capacity for transporting baggage carried by passengers; and makes
meaningful connections with scheduled intercity bus service to more
distant points. The application includes six factors that will be
reviewed to determine eligibility for the portion of the funding
limited to operators that qualify under this definition.
Other over-the-road bus service means any other transportation
using over-the-road buses, including local fixed-route service,
commuter service, and charter or tour service (including tour or
excursion service that includes features in addition to bus
transportation such as meals, lodging, admission to points of interest
or special attractions). While some commuter service may also serve the
needs of some intercity fixed-route passengers, the statute includes
commuter service in the definition of ``other'' service. Commuter
service providers should apply for these funds, even though the
services designed to meet the needs of commuters may also provide
service to intercity fixed-route passengers on an incidental basis. If
a service provider can document that more than 50 percent of its
passengers are using the service as intercity fixed-route service, the
provider may apply for the funds designated for intercity fixed-route
operators.
II. Award Information
Federal transit funds are available to intercity fixed-route
providers and other OTRB providers at up to 90 percent of the project
cost. In FY 2006, after a one percent rescission, $5,568,750 was made
available for intercity fixed-route service providers and $1,856,250
was made
[[Page 5720]]
available for other over-the-road bus service providers. Successful
applicants will be awarded grants. Typical grants under this program
range from $25,000 to $180,000, with most grants being less than
$40,000, for lift equipment for one bus.
III. Eligibility Information
1. Eligible Applicants
Grants will be made directly to operators of over-the-road buses.
Intercity, fixed-route over-the-road bus service providers may apply
for the $5,568,750 available to intercity fixed-route providers in FY
2006. Applicants must establish eligibility as intercity fixed-route
providers by meeting established criteria on six factors identified in
the application. Other over-the-road bus service providers, including
operators of local fixed-route service, commuter service, and charter
or tour service may apply for the $1,856,250 available in FY 2006 for
these providers. OTRB operators who provide both intercity, fixed-route
service and another type of service, such as commuter, charter or tour,
may apply for both categories of funds with a single application.
Private for-profit operators of over-the-road buses are eligible to be
direct applicants for this program. This is a departure from most other
FTA programs for which the direct applicant must be a state or local
public body. FTA does not award grants to public bodies under this
program.
Eligible Projects
Projects to finance the incremental capital and training costs of
complying with DOT's over-the-road bus accessibility rule (49 CFR part
37) are eligible for funding. Incremental capital costs eligible for
funding include adding lifts, tie-downs, moveable seats, doors and all
labor costs associated with work on the vehicle needed to make vehicles
accessible. Retrofitting vehicles with such accessibility components is
also an eligible expense. Please see Buy America section for further
determination of eligibility.
FTA may award funds for costs already incurred by the applicants.
Any new wheelchair accessible vehicles delivered since June 8, 1998,
the date that the Transportation Equity Act for the 21st Century was
effective, are eligible for funding under the program. Vehicles of any
age that have been retrofitted with lifts and other accessibility
components since June 8, 1998 are also eligible for funding.
Eligible training costs are those required by the final
accessibility rule as described in 49 CFR 37.209. These activities
include training in proper operation and maintenance of accessibility
features and equipment, boarding assistance, securement of mobility
aids, sensitive and appropriate interaction with passengers with
disabilities, and handling and storage of mobility devices. The costs
associated with developing training materials or providing training for
local providers of over-the-road bus services for these purposes are
eligible expenses.
FTA will not fund the incremental costs of acquiring used
wheelchair accessible OTRBs, as it may be impossible to verify whether
or not FTA funds were already used to make the vehicles accessible.
Also, it would be difficult to place a value on the accessibility
features based upon the depreciated value of the vehicle. FTA wishes to
increase the number of wheelchair accessible over-the-road buses
available to persons with disabilities throughout the country, and the
purchase of used accessible vehicles, whether or not they were
previously funded by FTA, does not further this objective.
FTA has sponsored the development of accessibility training
materials for public transit operators. FTA-funded Project Action is a
national technical assistance program to promote cooperation between
the disability community and the transportation industry. Project
Action provides training, resources and technical assistance to
thousands of disability organizations, consumers with disabilities, and
transportation operators. It maintains a resource center with the most
up-to-date information on transportation accessibility. Project Action
may be contacted at: Project Action, 700 Thirteenth Street NW., Suite
200, Washington, DC 20590. Phone: 1-800-659-6428. Internet address:
https://www.projectaction.org/.
2. Cost Sharing or Matching
Federal transit funds are available to intercity fixed-route
providers and other OTRB providers at up to 90 percent of the project
cost. A 10 percent match is required.
IV. Application and Submission Information
1. Address To Request Application Package
This announcement includes all of the information that you need to
apply. It is available on the Internet on the FTA Web site at https://
www.fta.dot.gov. FTA will announce final selections on the Web site and
in the Federal Register. A synopsis of this announcement will be posted
in the FIND module of the government-wide electronic grants Web site at
https://www.grants.gov.
2. Content and Form of Application Submission
Guidelines for Preparing Grant Application
FTA is conducting a national solicitation for applications under
the OTRB Accessibility program. Grant awards will be made on a
competitive basis. The application should provide information on all
items for which you are requesting funding in FY 2006. If you use
another company's previous application as a guide, remember to modify
all elements as appropriate to reflect your company's situation. The
application must include a project narrative in the format provided in
Appendix A, in addition to Standard Form 424, ``Application for Federal
Assistance''.
Application Content
Applicant Information
This addresses basic identifying information, including:
a. Company name.
b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number.
c. Contact information for notification of project selection:
Contact name, address, fax and phone number.
d. Description of services provided by company, including areas
served.
e. For fixed-route carriers, whether you are a large (Class I, with
gross annual operating revenues of $5.3 million or more) or small
(gross operating revenues of less than $5.3 million annually) carrier.
f. Existing fleet and employee information, including number of
over-the-road buses used for (1) intercity fixed-route service, and (2)
other service, and number of employees.
g. If you provide both intercity fixed-route service and another
type of service, such as commuter, charter or tour service, please
provide an estimate of the proportion of your service that is
intercity.
h. Description of your technical, legal, and financial capacity to
implement the proposed project. Include evidence that you currently
possess appropriate operating authority--e.g. DOT number if you operate
interstate or identifier assigned by state if you do not operate
interstate service.
Project Information
Every application must:
a. Provide the Federal amount requested for each purpose for which
[[Page 5721]]
funds are sought in the format in Appendix A.
b. Document matching funds, including amount and source.
c. Describe project, including components to be funded, i.e.,
lifts, tie-downs, moveable seats, etc., and/or training.
d. Provide project time-line, including significant milestones such
as date or contract for purchase of vehicle(s), and actual or expected
delivery date of vehicles.
e. Address each of the five statutory evaluation criteria described
in V.
f. If requesting funding for intercity service, provide evidence
that:
1. The applicant provides scheduled, intercity, fixed route, over-
the-road bus service that interlines with one or more scheduled,
intercity bus operators. (Such evidence includes applicant's membership
in the National Bus Traffic Association or participation in separate
interline agreements, and participation in interline tariffs or price
lists issued by, or on behalf of, scheduled, intercity bus operators
with whom the applicant interlines); and.
2. The applicant has obtained authority from the Federal Motor
Carrier Safety Administration or the Interstate Commerce Commission to
operate scheduled, intercity, fixed route service; and as many of the
following as are applicable;
3. The applicant is included in Russell's Official National Motor
Coach Guide showing that it provides regularly scheduled, fixed route
over-the-road bus service with meaningful connections with scheduled
intercity bus service to more distant points.
4. The applicant maintains a website showing routes and schedules
of its regularly scheduled, fixed route over-the-road bus service and
its meaningful connections to other scheduled, intercity bus service.
5. The applicant maintains published schedules showing its
regularly scheduled, fixed route over-the-road bus service and its
meaningful connections to other scheduled, intercity bus service.
6. The applicant participates in the International Registration
Plan (IRP) apportionment program.
Labor Information
a. Identify any labor organizations that may represent your
employees and all labor organizations that represent the employees of
any transit providers in the service area of the project. For each
local of a nationally affiliated union, the applicant must provide the
name of the national organization and the number or other designation
of the local union. (For example, Amalgamated Transit Union local
1258.) Since DOL makes its referral to the national union's
headquarters, there is no need to provide a means of contacting the
local organization.
b. For each independent labor organization (i.e., a union that is
not affiliated with a national or international organization) the local
information will be necessary (name of organization, address, contact
person, phone, fax numbers).
c. Where a labor organization represents transit employees in the
service area of the project, DOL must refer the proposed protective
arrangements to each union and to each recipient. For this reason,
please provide DOL with a contact person, address, telephone number and
fax number for your company and associated union information.
3. Submission Dates and Times
Complete applications for OTRB Accessibility Program grants must be
submitted to the appropriate FTA regional office (see Appendix C) April
3, 2006 or submitted electronically through the https://grants.gov Web
site by the same date. Applicants planning to apply electronically are
encouraged to begin the process of registration on the https://
grants.gov site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. FTA will announce
grant selections when the competitive selection process is complete.
4. Intergovernmental Review
This program is not generally subject to Executive Order (EO)
12372, ``Intergovernmental Review of Federal Programs.'' For more
information, contact the State's Single Point of Contact (SPOC) to find
out about and comply with the State's process under EO 12372. The names
and addresses of the SPOCs are listed in the Office of Management and
Budget's home page at https://www.whitehouse.gov/omb/grants/spoc.html.
5. Funding Restrictions
Only applications from eligible recipients for eligible activities
will be considered for funding (see Section III). Due to funding
limitations, applicants that are selected for funding may receive less
than the amount requested.
6. Other Submission Requirements
Applicants should submit 3 copies of their project proposal
application, consistent with the application format provided at
Appendix A, to the appropriate regional office or apply electronically
through the government wide electronic grant application portal at
https://www.grants.gov.
V. Application Review Information
1. Project Evaluation Criteria
Projects will be evaluated according to the following criteria:
A. The identified need for over-the-road bus accessibility for
persons with disabilities in the areas served by the applicant. (20
points)
B. The extent to which the applicant demonstrated innovative
strategies and financial commitment to providing access to over-the-
road buses to persons with disabilities. (20 points)
C. The extent to which the over-the-road bus operator acquired
equipment required by DOT's over-the-road bus accessibility rule prior
to the required time-frame in the rule. (20 points)
D. The extent to which financing the costs of complying with DOT's
rule presents a financial hardship for the applicant. (20 points)
E. The impact of accessibility requirements on the continuation of
over-the-road bus service with particular consideration of the impact
of the requirements on service to rural areas and for low-income
individuals. (20 points)
Note: These are the statutory criteria upon which funding
decisions will be made. In addition to these criteria, FTA may also
consider other factors, such as the size of the applicant's fleet
and the level of FTA funding that may already have been awarded to
applicants in prior years. Applicants will not be considered for
funding as intercity fixed-route operators unless they satisfy at a
minimum the first two criteria and at least one of criteria three
through five listed in Project Information in the application
content applicable to intercity fixed-route applicants.
2. Review and Selection Process
Each application is screened by a panel of members represented by
FTA headquarters and regional staff. Incomplete or non-responsive
applications will be disqualified. Intercity fixed-route service
providers must provide evidence that they meet at a minimum the first
two criteria and at least one of the next three criteria set forth in
Project Information, if funds are requested under this category (see
Appendix A, 2, B). Applicants that do not qualify as intercity-fixed
route operators may be considered for funding in the ``other''
category. FTA will make an effort to award every qualified applicant at
least one lift. Prior year funding under the program is a factor,
however, so depending upon demand,
[[Page 5722]]
an applicant that received significant prior year funding may not be
selected to receive additional funding.
VI. Award Administration Information
1. Award Notices
FTA will screen all applications to determine whether all required
eligibility elements, as described in III. ``Eligibility Information''
are present. An FTA evaluation team will evaluate each application
according to the criteria described in this announcement. FTA will
notify all applicants, both those selected for funding and those not
selected when the competitive selection process is complete. Projects
selected for funding will be published in a Federal Register notice.
Applicants selected for funding must then apply to the FTA regional
office for the actual grant award, sign Certifications and Assurances,
and execute a grant contract before funds can be drawn down.
2. Administrative and National Policy Requirements
A. Grant Requirements
Applicants selected for funding must include documentation
necessary to meet the requirements of FTA's Nonurbanized Area Formula
program (Section 5311 under Title 49, United States Code). Technical
assistance regarding these requirements is available from each FTA
regional office. The regional offices will contact those applicants
selected for funding regarding procedures for making the required
certifications and assurances to FTA before grants are made.
The authority for these requirements is provided by the
Transportation Equity Act for the 21st Century, Pub. L. 105-178, June
9, 1998, as amended by the TEA-21 Restoration Act 105-206, 112 Stat.
685, July 22, 1998, 49 U.S.C. chapter 53, Title 23, United States Code,
DOT and FTA regulations at 49 CFR, and FTA Circulars.
B. Buy America
In the OTRB Accessibility program, FTA's Buy America regulations,
49 CFR Part 661, apply to the incremental capital cost of making
vehicles accessible. Those regulations do not apply to associated labor
costs. The following discussion relates to the contract between the
grantee and the prime contractor.
The ``General Requirements'' found at 49 CFR 661.5 apply to that
portion of the accessibility system being funded. That section requires
that all of the manufacturing processes for the product take place in
the United States and that all components of the product be made in the
United States. A component is considered domestic if it is manufactured
in the U.S.A., regardless of the origin of its subcomponents. The lift,
the moveable seats, and the securement devices will all be considered
components for purposes of this program; accordingly, as components,
each must be manufactured in the United States. Should a recipient
choose to request funding for only a specific component, such as the
lift or the securement device, then the Buy America requirements would
apply only to that item funded by FTA.
Three exceptions to the general requirements can be found at 49 CFR
661.7: first, a waiver may be requested when the application of the
regulation is not in the public interest; second, a waiver may be
requested if the materials and products being procured are not produced
in the United States in sufficient and reasonably available quantities
and of a satisfactory quality; and third, a price differential waiver
may be requested where the results of competitive procurement show that
there is a 25 percent price difference between the domestic and foreign
products. FTA approval of a waiver must be received by the recipient of
FTA funds prior to the execution of contract.
It should also be noted that FTA has issued a general public
interest waiver for all purchases under the Federal ``small purchase''
threshold, which is currently $100,000.
This waiver can be found in 49 CFR 661.7, Appendix A(e). In Section
3038(b) of TEA-21, Congress authorized FTA financing of the incremental
capital costs of compliance with DOT's OTRB accessibility rule.
Consistent with this provision, the small purchase waiver applies only
to the incremental cost of the accessibility features FTA is funding.
Where more than one bus is purchased, the grantee must consider the
incremental cost increase for the entire procurement when determining
if the small purchase waiver applies. For example, if $30,000 is the
incremental cost for the accessibility features eligible under this
program per bus (regardless of the Federal share contribution), then a
procurement of three buses with a total such cost of $90,000, would
qualify for the small purchase waiver. No special application to FTA
would be required.
The grantee must obtain a certification from the bus manufacturer
that all items included in the incremental cost for which the applicant
is applying for funds meet Buy America requirements. The Buy America
regulations can be found at https://www.fta.dot.gov/library/legal/
buyamer/.
C. Labor Protection
Before FTA may award a grant for capital assistance, 49 U.S.C.
5333(b) requires that fair and equitable arrangements must be made to
protect the interests of transit employees affected by FTA assistance.
Those arrangements must be certified by the Secretary of Labor as
meeting the requirements of the statute. When a labor organization
represents a group of affected employees in the service area of an FTA
project, the employee protective arrangement is usually the product of
negotiations or discussions with the union. The grant applicant can
facilitate Department of Labor (DOL) certification by identifying in
the application any previously certified protective arrangements that
have been applied to similar projects undertaken by the grant
applicant, if any. Receiving funds under the OTRB Accessibility
program, however, will not require the grantee's employees to be
represented by organized labor. Nothing in the labor protection
provisions in 49 U.S.C 5333(b) requires a motorcoach operator to become
a union carrier or encourages union organizing in any manner. Upon
receipt of a grant application requiring employee protective
arrangements, FTA will transmit the application to DOL and request
certification of the employee protective arrangements. In accordance
with DOL guidelines, DOL notifies the relevant unions in the area of
the project that a grant for assistance is pending and affords the
grant applicant and union the opportunity to agree to an arrangement
establishing the terms and conditions of the employee protections. If
necessary, DOL furnishes technical and mediation assistance to the
parties during their negotiations. The Secretary of Labor may determine
the protections to be certified if the parties do not reach an
agreement after good faith bargaining and mediation efforts have been
exhausted. DOL will also set the protective conditions when affected
employees in the service area are not represented by a union. When DOL
determines that employee protective arrangements comply with labor
protection requirements, DOL will provide a certification to FTA. The
grant agreement between FTA and the grant applicant incorporates by
reference the employee protective arrangements certified by DOL.
Applicants must identify any labor organizations that may represent
their employees and all labor organizations that represent the
employees of any
[[Page 5723]]
other transit providers in the service area of the project.
For each local of a nationally affiliated union, the applicant must
provide the name of the national organization and the number or other
designation of the local union. (For example, Amalgamated Transit Union
local 1258) Since DOL makes its referral to the national union's
headquarters, there is no need to provide a means of contacting the
local organization.
However, for each independent labor organization (i.e., a union
that is not affiliated with a national or international organization)
the local information will be necessary (name of organization, address,
contact person, phone, fax numbers).
Where a labor organization represents transit employees in the
service area of the project, DOL must refer the proposed protective
arrangements to each union and to each recipient. For this reason,
please provide DOL with a contact person, address, telephone number and
fax number for your company, and associated union information.
DOL issued a Federal Register notice addressing the new TEA-21
programs, including the OTRB Accessibility Program, ``Amendment to
Section 5333(b) Guidelines to Carry Out New Programs Authorized by the
Transportation Equity Act for the 21st Century (TEA-21)''; Final Rule,
dated July 28, 1999. FTA issued a ``Dear Colleague'' letter, dated
December 5, 2000, addressing DOL processing of grant applications.
Attached to the letter is an application checklist, which provides
information that DOL must have in order to review and certify FTA grant
applications. This letter and attachment can be found at: https://
www.fta.dot.gov/office/public/c0019.html. Questions concerning
protective arrangements and related matters pertaining to transit
employees should be addressed to the Division of Statutory Programs,
Department of Labor, 200 Constitution Avenue NW., Room N-5411,
Washington, DC 20210; telephone (202) 693-0126, fax (202) 219-5338.
D. Planning
Applicants are encouraged to notify the appropriate state
departments of transportation and metropolitan planning organizations
(MPO) in areas likely to be served by equipment made accessible through
funds made available in this program. Those organizations, in turn,
should take appropriate steps to inform the public, and individuals
requiring fully accessible services in particular, of operators'
intentions to expand the accessibility of their services. Incorporation
of funded projects in the plans and transportation improvement programs
of states and metropolitan areas by states and MPOs also is encouraged,
but is not required.
E. Standard Assurances
The Applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, FTA circulars, and
other Federal administrative requirements in carrying out any project
supported by the FTA grant. The Applicant acknowledges that it is under
a continuing obligation to comply with the terms and conditions of the
grant agreement issued for its project with FTA. The Applicant
understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and affect
the implementation of the project. The Applicant agrees that the most
recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The Applicant must submit the
Certifications and Assurances for the FTA Over-the-Road Bus
Accessibility Program found at Appendix B.
3. Reporting
Post-award reporting requirements include submission of final
Financial Status Report and milestone report, or annual reports for
grants remaining open at the end of each Federal fiscal year (September
30). Documentation is required for payment.
VII. Agency Contact(s)
Contact the appropriate FTA Regional Administrator (see Appendix C)
for application-specific information and issues. For general program
information, contact Blenda Younger, Office of Transit Programs, (202)
366-2053, e-mail: blenda.younger@fta.dot.gov. A TDD is available at 1-
800-877-8339 (TDD/FIRS).
Issued on: January 27, 2006.
David B. Horner,
Chief Counsel.
Appendix A--Over-the-Road Bus Accessibility Program Project Proposal
Application (Paper or Electronic Project Narrative)
(See Section IV.2 of Federal Register announcement for detailed
explanation of application content).
In addition to OMB Standard Form 424, Application For Federal
Assistance, provide the following information:
1. Applicant Information
A. Company Name:
B. DUNS Number:
C. For Notification of Project Selection Contact:
Name of Individual:
Address:
FAX:
Telephone number:
D. Describe Services Provided by Company, including Areas
Served:
E. Intercity Fixed-Route Carriers:
----Large/Class I (gross annual operating revenues of $5.3
Million or more)
----Small (gross annual revenues of less than $5.3 Million)
F. Existing Fleet and Employee Information:
----Total number of over-the-road buses in fleet
----Number of over-the-road buses in fleet used for intercity
fixed-route service
----Number of over-the-road buses intercity-fixed-route service
that currently have lifts
----Number of over-the-road buses in fleet used for Other
Service, e.g., Charter, Tour, & Commuter
----Number of over-the-road buses used in ``other'' service that
currently have lifts
----Number of Employees
G. Estimate of the proportion of service, if any, that is
intercity fixed-route
----% of services is intercity fixed-route.
H. Describe your technical, legal, and financial capacity to
implement the proposed project. Include evidence of operating
authority.
2. Project Information
A. Federal Amount Requested (Up to 90% Federal Share):
Intercity Fixed Route Service:
$---------- for ---------- New Over-the-road Buses
$---------- for ---------- Retrofits
$---------- for ---------- Employees--Training
Other Service (Commuter, Charter, or Tour)
$---------- for ---------- New Over-the-road Buses
$---------- for ---------- Retrofits
$---------- for ---------- Employees--Training
B. If requesting funding for intercity service, provide evidence
that:
1. The applicant provides scheduled, intercity, fixed route,
over-the-road bus service that interlines with one or more
scheduled, intercity bus operators. Such evidence includes
applicant's membership in the National Bus Traffic Association or
participation in separate interline agreements, and participation in
interline tariffs or price lists issued by, or on behalf of,
scheduled, intercity bus operators with whom the applicant
interlines.
2. The applicant has obtained authority from the Federal Motor
Carrier Safety Administration or the Interstate Commerce Commission
to operate scheduled, intercity, fixed route service.
3. The applicant is included in Russell's Official National
Motor Coach Guide showing that it provides regularly scheduled,
fixed route over-the-road bus service with meaningful connections
with scheduled intercity bus service to more distant points.
4. The applicant maintains a website showing routes and
schedules of its regularly
[[Page 5724]]
scheduled, fixed route over-the-road bus service and its meaningful
connections to other scheduled, intercity bus service.
5. The applicant maintains published schedules showing its
regularly scheduled, fixed route over-the-road bus service and its
meaningful connections to other scheduled, intercity bus service.
6. The applicant participates in the International Registration
Plan (IRP) apportionment program.
C. Document Matching Funds, including Amount and Source.
D. Describe Project, including Components to be funded, i.e.,
Lifts, Tie-downs, Moveable Seats, etc. and/or Training.
E. Provide Project Time Line, including Significant Milestones
such as Date of Contract for Purchase of Vehicle(s), and actual or
expected delivery date of vehicles.
F. Project Evaluation Criteria. Provide information addressing
the following criteria:
The identified need for over-the-road bus accessibility
for persons with disabilities in the areas served by the applicant.
(20 points)
The extent to which the applicant demonstrated
innovative strategies and financial commitment to providing access
to over-the-road buses to persons with disabilities. (20 points)
The extent to which the over-the-road bus operator
acquired equipment required by DOT's over-the-road bus accessibility
rule prior to the required time frame in the rule. (20 points)
The extent to which financing the costs of complying
with DOT's rule presents a financial hardship for the applicant. (20
points)
The impact of accessibility requirements on the
continuation of over-the-road bus service with particular
consideration of the impact of the requirements on service to rural
areas and for low income individuals. (20 points)
G. Labor Information
List labor organizations that may represent your
employees and all labor organizations that represent the employees
of any transit providers in the service area of the project.
For each local of a nationally affiliated union,
provide the name of the national organization and the number or
other designation of the local union.
For each independent labor organization, provide the
local information, including: name of organization, address, contact
person, phone and fax numbers.
For transit employee unions in service area of project,
provide information including: contact person, address, telephone
number and fax number for your company and associated union
information.
Appendix B--Federal Fiscal Year 2006 Certifications and Assurances for
the Federal Transit Administration Over-the-Road Bus Accessibility
Grants
This list is a comprehensive compilation of the certifications
and assurances required by Federal law for the OTRB Accessibility
Grants. At the end of this list is a Signature Page on which the
Applicant and its attorney certify compliance with all
certifications and assurances applicable to the OTRB Accessibility
Grants. All Applicants are advised to read the entire text of these
certifications and assurances to be confident of their
responsibilities and commitments.
If an Applicant has submitted the Federal Transit
Administration's (FTA) standard comprehensive Federal Fiscal Year
2006 Certifications and Assurances for Federal Transit
Administration Assistance Programs, the Applicant need not submit
these certifications and assurances. This is because the Categories
I and II of certifications and assurances below are identical,
respectively, to Categories 01 and 02 of FTA's standard
certifications and assurances for Fiscal Year 2006.
References: The Transportation Equity Act for the 21st Century,
Pub. L. 105-178, June 9, 1998, as amended, 49 U.S.C. chapter 53,
Title 23, U.S.C., U.S. DOT and FTA regulations at 49 CFR, joint U.S.
Architectural and Transportation Barriers Compliance Board/U.S. DOT
regulations at 36 CFR Part 1194, and FTA Circulars.
Category I. For Each Applicant
Each Applicant for FTA assistance must provide all assurances in
this Category ``I.''
Unless FTA expressly determines otherwise in writing, FTA may
not award any Federal assistance until the Applicant provides the
following assurances by selecting Category ``I.''
A. Assurance of Authority of the Applicant and Its Representative
The authorized representative of the Applicant and the attorney
who sign these certifications, assurances, and agreements affirm
that both the Applicant and its authorized representative have
adequate authority under applicable state and local law and the
Applicant's by-laws or internal rules to:
(1) Execute and file the application for Federal assistance on
behalf of the Applicant;
(2) Execute and file the required certifications, assurances,
and agreements on behalf of the Applicant binding the Applicant; and
(3) Execute grant agreements and cooperative agreements with FTA
on behalf of the Applicant.
B. Standard Assurances
The Applicant assures that it will comply with all applicable
Federal statutes and regulations in carrying out any project
supported by an FTA grant or cooperative agreement. The Applicant
agrees that it is under a continuing obligation to comply with the
terms and conditions of the grant agreement or cooperative agreement
issued for its project with FTA. The Applicant recognizes that
Federal laws and regulations may be modified from time to time and
those modifications may affect project implementation.
The Applicant understands that Presidential executive orders and
Federal directives, including Federal policies and program guidance
may be issued concerning matters affecting the Applicant or its
project. The Applicant agrees that the most recent Federal laws,
regulations, and directives will apply to the project, unless FTA
issues a written determination otherwise.
C. Intergovernmental Review Assurance
The Applicant assures that each application for Federal
assistance it submits to FTA has been or will be submitted for
intergovernmental review to the appropriate state and local agencies
as determined by the state. Specifically, the Applicant assures that
it has fulfilled or will fulfill the obligations imposed on FTA by
U.S. Department of Transportation (U.S. DOT) regulations,
``Intergovernmental Review of Department of Transportation Programs
and Activities,'' 49 CFR part 17.
D. Nondiscrimination Assurance
As required by 49 U.S.C. 5332 (which prohibits discrimination on
the basis of race, color, creed, national origin, sex, or age, and
prohibits discrimination in employment or business opportunity), by
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000d, and by U.S. DOT regulations, ``Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation--
Effectuation of Title VI of the Civil Rights Act,'' 49 CFR part 21
at 21.7, the Applicant assures that it will comply with all
requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42
U.S.C. 2000d, and 49 CFR part 21, so that no person in the United
States, on the basis of race, color, national origin, creed, sex, or
age will be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination in any program or
activity (particularly in the level and quality of transportation
services and transportation-related benefits) for which the
Applicant receives Federal assistance awarded by the U.S. DOT or
FTA.
Specifically, during the period in which Federal assistance is
extended to the project, or project property is used for a purpose
for which the Federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long
as the Applicant retains ownership or possession of the project
property, whichever is longer, the Applicant assures that:
(1) Each project will be conducted, property acquisitions will
be undertaken, and project facilities will be operated in accordance
with all applicable requirements imposed by or issued pursuant to 49
U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, and understands
that this assurance extends to its entire facility and to facilities
operated in connection with the project.
(2) It will promptly take the necessary actions to effectuate
this assurance, including notifying the public that complaints of
discrimination in the provision of transportation-related services
or benefits may be filed with U.S. DOT or FTA. Upon request by U.S.
DOT or FTA, the Applicant assures that it will submit the required
information pertaining to its compliance with these provisions.
(3) It will include in each subagreement, property transfer
agreement, third party contract, third party subcontract, or
participation agreement adequate provisions to extend the
requirements imposed by or
[[Page 5725]]
issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR part
21 to other parties involved therein including any subrecipient,
transferee, third party contractor, third party subcontractor at any
level, successor in interest, or any other participant in the
project.
(4) Should it transfer real property, structures, or
improvements financed with Federal assistance provided by FTA to
another party, any deeds and instruments recording the transfer of
that property shall contain a covenant running with the land
assuring nondiscrimination for the period during which the property
is used for a purpose for which the Federal assistance is extended
or for another purpose involving the provision of similar services
or benefits.
(5) The United States has a right to seek judicial enforcement
with regard to any matter arising under the Act, regulations, and
this assurance.
(6) It will make any changes in its Title VI implementing
procedures as U.S. DOT or FTA may request to achieve compliance with
the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42
U.S.C. 2000d, and 49 CFR part 21.
E. Assurance of Nondiscrimination on the Basis of Disability
As required by U.S. DOT regulations, ``Nondiscrimination on the
Basis of Handicap in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance,'' at 49 CFR 27.9, the Applicant
assures that, as a condition to the approval or extension of any
Federal assistance awarded by FTA to construct any facility, obtain
any rolling stock or other equipment, undertake studies, conduct
research, or to participate in or obtain any benefit from any
program administered by FTA, no otherwise qualified person with a
disability shall be, solely by reason of that disability, excluded
from participation in, denied the benefits of, or otherwise
subjected to discrimination in any program or activity receiving or
benefiting from Federal assistance administered by the FTA or any
entity within U.S. DOT. The Applicant assures that project
implementation and operations so assisted will comply with all
applicable requirements of U.S. DOT regulations implementing the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C.
12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts
27, 37, and 38, and any other applicable Federal laws that may be
enacted or Federal regulations that may be promulgated.
F. U.S. Office of Management and Budget (OMB) Assurances
Consistent with OMB assurances set forth in SF-424B and SF-424D,
the Applicant assures that, with respect to itself or its project,
the Applicant:
(1) Has the legal authority to apply for Federal assistance and
the institutional, managerial, and financial capability (including
funds sufficient to pay the non-Federal share of project cost) to
ensure proper planning, management, and completion of the project
described in its application;
(2) Will give FTA, the Comptroller General of the United States,
and, if appropriate, the state, through any authorized
representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted
accounting standards or agency directives;
(3) Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or
personal gain;
(4) Will initiate and complete the work within the applicable
project time periods following receipt of FTA approval;
(5) Will comply with all applicable Federal statutes relating to
nondiscrimination including, but not limited to:
(a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which
prohibits discrimination on the basis of race, color, or national
origin;
(b) Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT
regulations, ``Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance,'' 49
CFR part 25, which prohibit discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. 794, which prohibits discrimination on the basis of
handicap;
(d) The Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 through 6107, which prohibits discrimination on the basis of
age;
(e) The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-
255, March 21, 1972, and amendments thereto, 21 U.S.C. 1174 et seq.
relating to nondiscrimination on the basis of drug abuse;
(f) The Comprehensive Alcohol Abuse and Alcoholism Prevention
Act of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendments thereto,
42 U.S.C. 4581 et seq. relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(g) The Public Health Service Act of 1912, as amended, 42 U.S.C.
290dd-3 and 290ee-3, related to confidentiality of alcohol and drug
abuse patient records;
(h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq.,
relating to nondiscrimination in the sale, rental, or financing of
housing;
(i) Any other nondiscrimination provisions in the specific
statutes under which Federal assistance for the project may be
provided including, but not limited, to 49 U.S.C. 5332, which
prohibits discrimination on the basis of race, color, creed,
national origin, sex, or age, and prohibits discrimination in
employment or business opportunity, and section 1101(b) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), 23 U.S.C. 101 note, which provides for
participation of disadvantaged business enterprises in FTA programs;
and
(j) Any other nondiscrimination statute(s) that may apply to the
project;
(6) To the extent applicable, will comply with, or has complied
with, the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq.,
which, among other things, provide for fair and equitable treatment
of persons displaced or persons whose property is acquired as a
result of Federal or federally assisted programs. These requirements
apply to all interests in real property acquired for project
purposes and displacement caused by the project regardless of
Federal participation in any purchase. As required by sections 210
and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and
by U.S. DOT regulations, ``Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally Assisted Programs,''
49 CFR 24.4, the Applicant assures that it has the requisite
authority under applicable state and local law to comply with the
requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et seq.,
and U.S. DOT regulations, ``Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally Assisted Programs,''
49 CFR part 24, and will comply with that Act or has complied with
that Act and those implementing regulations, including but not
limited to the following:
(a) The Applicant will adequately inform each affected person of
the benefits, policies, and procedures provided for in 49 CFR part
24;
(b) The Applicant will provide fair and reasonable relocation
payments and assistance as required by 42 U.S.C. 4622, 4623, and
4624; 49 CFR part 24; and any applicable FTA procedures, to or for
families, individuals, partnerships, corporations, or associations
displaced as a result of any project financed with FTA assistance;
(c) The Applicant will provide relocation assistance programs
offering the services described in 42 U.S.C. 4625 to such displaced
families, individuals, partnerships, corporations, or associations
in the manner provided in 49 CFR part 24;
(d) Within a reasonable time before displacement, the Applicant
will make available comparable replacement dwellings to displaced
families and individuals as required by 42 U.S.C. 4625(c)(3);
(e) The Applicant will carry out the relocation process in such
manner as to provide displaced persons with uniform and consistent
services, and will make available replacement housing in the same
range of choices with respect to such housing to all displaced
persons regardless of race, color, religion, or national origin;
(f) In acquiring real property, the Applicant will be guided to
the greatest extent practicable under state law, by the real
property acquisition policies of 42 U.S.C. 4651 and 4652;
(g) The Applicant will pay or reimburse property owners for
necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the
understanding that FTA will provide Federal financial assistance for
the Applicant's eligible costs of providing payments for those
expenses, as required by 42 U.S.C. 4631;
(h) The Applicant will execute such amendments to third party
contracts and subagreements financed with FTA assistance
[[Page 5726]]
and execute, furnish, and be bound by such additional documents as
FTA may determine necessary to effectuate or implement the
assurances provided herein; and
(i) The Applicant agrees to make these assurances part of or
incorporate them by reference into any third party contract or
subagreement, or any amendments thereto, relating to any project
financed by FTA involving relocation or land acquisition and provide
in any affected document that these relocation and land acquisition
provisions shall supersede any conflicting provisions;
(7) To the extent applicable, will comply with the Davis-Bacon
Act, as amended, 40 U.S.C. 3141 et seq., the Copeland ``Anti-
Kickback'' Act, as amended, 18 U.S.C. 874, and the Contract Work
Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq.,
regarding labor standards for federally assisted subagreements;
(8) To the extent applicable, will comply with the flood
insurance purchase requirements of section 102(a) of the Flood
Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a),
requiring Applicants and their subrecipients s in a special flood
hazard area to participate in the program and purchase flood
insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(9) To the extent applicable, will comply with the Lead-Based
Paint Poisoning Prevention Act, 42 U.S.C. 4831(b), which prohibits
the use of lead-based paint in the construction or rehabilitation of
residence structures;
(10) To the extent applicable, will not dispose of, modify the
use of, or change the terms of the real property title or other
interest in the site and facilities on which a construction project
supported with FTA assistance takes place without permission and
instructions from FTA;
(11) To the extent required by FTA, will record the Federal
interest in the title of real property, and will include a covenant
in the title of real property acquired in whole or in part with
Federal assistance funds to assure nondiscrimination during the
useful life of the project;
(12) To the extent applicable, will comply with FTA provisions
concerning the drafting, review, and approval of construction plans
and specifications of any construction project supported with FTA
assistance. As required by U.S. DOT regulations, ``Seismic Safety,''
49 CFR 41.117(d), before accepting delivery of any building financed
with FTA assistance, it will obtain a certificate of compliance with
the seismic design and construction requirements of 49 CFR part 41;
(13) To the extent applicable, will provide and maintain
competent and adequate engineering supervision at the construction
site of any project supported with FTA assistance to ensure that the
complete work conforms with the approved plans and specifications,
and will furnish progress reports and such other information as may
be required by FTA or the state;
(14) To the extent applicable, will comply with any applicable
environmental standards that may be prescribed to implement the
following Federal laws and executive orders:
(a) Institution of environmental quality control measures under
the National Environmental Policy Act of 1969, as amended, 42 U.S.C.
4321 through 4335 and Executive Order No. 11514, as amended, 42
U.S.C. 4321 note;
(b) Notification of violating facilities pursuant to Executive
Order No. 11738, 42 U.S.C. 7606 note;
(c) Protection of wetlands pursuant to Executive Order No.
11990, 42 U.S.C. 4321 note;
(d) Evaluation of flood hazards in floodplains in accordance
with Executive Order No. 11988, 42 U.S.C. 4321 note;
(e) Assurance of project consistency with the approved state
management program developed pursuant to the requirements of the
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451
through 1465;
(f) Conformity of Federal actions to State (Clean Air)
Implementation Plans under section 176(c) of the Clean Air Act of
1955, as amended, 42 U.S.C. 7401 through 7671q;
(g) Protection of underground sources of drinking water under
the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f
through 300j-6;
(h) Protection of endangered species under the Endangered
Species Act of 1973, as amended, 16 U.S.C. 1531 through 1544; and
(i) Environmental protections for Federal transportation
programs, including, but not limited to, protections for parks,
recreation areas, or wildlife or waterfowl refuges of national,
state, or local significance or any land from a historic site of
national, state, or local significance to be used in a
transportation project as required by 49 U.S.C. 303(b) and 303(c);
(j) Protection of the components of the national wild and scenic
rivers systems, as required under the Wild and Scenic Rivers Act of
1968, as amended, 16 U.S.C. 1271 through 1287; and
(k) Provision of assistance to FTA in complying with section 106
of the National Historic Preservation Act of 1966, as amended, 16
U.S.C. 470f; with the Archaeological and Historic Preservation Act
of 1974, as amended, 16 U.S.C. 469 through 469c; and with Executive
Order No. 11593 (identification and protection of historic
properties), 16 U.S.C. 470 note;
(15) To the extent applicable, will comply with the requirements
of the Hatch Act, 5 U.S.C. 1501 through 1508 and 7324 through 7326,
which limit the political activities of state and local agencies and
their officers and employees whose primary employment activities are
financed in whole or part with Federal funds including a Federal
loan, grant agreement, or cooperative agreement except, in
accordance with 49 U.S.C. 5307(k)(2) and 23 U.S.C. 142(g), the Hatch
Act does not apply to a nonsupervisory employee of a public
transportation system (or of any other agency or entity performing
related functions) receiving FTA assistance to whom that Act does
not otherwise apply;
(16) To the extent applicable, will comply with the National
Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 U.S.C.
289 et seq., and U.S. DOT regulations, ``Protection of Human
Subjects,'' 49 CFR part 11, regarding the protection of human
subjects involved in research, development, and related activities
supported by Federal assistance;
(17) To the extent applicable, will comply with the Laboratory
Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., and
U.S. Department of Agriculture regulations, ``Animal Welfare,'' 9
CFR subchapter A, parts 1, 2, 3, and 4, regarding the care,
handling, and treatment of warm blooded animals held or used for
research, teaching, or other activities supported by Federal
assistance;
(18) Will have performed the financial and compliance audits as
required by the Single Audit Act Amendments of 1996, 31 U.S.C. 7501
et seq., OMB Circular A-133, ``Audits of States, Local Governments,
and Non-Profit Organizations,'' Revised, and the most recent
applicable OMB A