Program Guidance for Metropolitan Planning Program and State Planning and Research Program Grants (49 U.S.C. 5305): Notice of Program Guidance, 55627-55628 [E7-19113]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55627-55628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19113]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2007-29126]


Program Guidance for Metropolitan Planning Program and State 
Planning and Research Program Grants (49 U.S.C. 5305): Notice of 
Program Guidance

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Availability of proposed program guidance and request for 
comments.

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SUMMARY: This notice proposes guidance in the form of a revised program 
circular for the Federal Transit Administration's (FTA) planning 
programs. The proposed circular revises and combines into one document 
the contents of existing Circulars 8100.1B for the Metropolitan 
Planning Program (MPP) and 8200.1 the Statewide Planning and Research 
Program (SPRP). The proposed circular also provides information on the 
Consolidated Planning Grant Program between the FTA and the Federal 
Highway Administration (FHWA).

DATES: Comments should be submitted by October 29, 2007. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: To ensure your comments are not entered more than once into 
the docket, submit comments identified by the docket number [FTA-2007-
29126] by only one of the following methods:
    1. Web site: www.regulations.gov. Follow the instructions for 
submitting comments on the U.S. Government electronic docket site. 
[NOTE: The U.S. Department of Transportation's (DOT's) electronic 
docket is no longer accepting electronic comments. All electronic 
submissions must be made to the U.S. Government electronic docket site 
at www.regulations.gov. Commenters should follow the directions below 
for mailed and hand-delivered comments.]
    2. Fax: 202-493-2251.
    3. Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., W12-140, Washington, DC 
20590-0001.
    4. Hand Delivery: To the Docket Management System; U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

See the SUPPLEMENTARY INFORMATION section for detailed instructions on 
how to submit comments and access docket information.

FOR FURTHER INFORMATION CONTACT: Victor Austin, Office of Planning and 
Environment (TPE), Federal Transit Administration, 1200 New Jersey 
Ave., SE., Washington, DC 20590, phone: 202-366-2996, or e-mail, 
victor.austin@dot.gov. Legal questions may be addressed to Christopher 
Van Wyk, Office of Chief Counsel (TCC), Federal Transit Administration, 
U.S. Department of Transportation, 1200 New Jersey Ave., SE., 
Washington, DC 20590, phone: 202-366-1733, or e-mail 
christopher.vanwyk@dot.gov.

SUPPLEMENTARY INFORMATION:

Comment Instructions and Docket Access Information

    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket number (FTA-2007-29126) for this notice at 
the beginning of your comments. Submit two copies of your comments if 
you submit them by mail. Due to security procedures in effect since 
October 2001 regarding mail deliveries, mail received through the U.S. 
Postal Service may be subject to delays. Parties making submissions 
responsive to this notice should consider using an express mail firm to 
ensure the prompt filing of any submissions not filed electronically or 
by hand. For confirmation that FTA has received your comments, include 
a self-addressed stamped postcard. Note that all comments received, 
including any personal information, will be available to Internet users 
and will be posted without change to www.regulations.gov. You may 
review DOT's complete Privacy Act Statement in the Federal Register (65 
FR 19477, April 11, 2000).
    Docket: For access to the docket to read background documents and 
comments received, go to www.regulations.gov at any time or to the U.S. 
Department of Transportation, 1200 New Jersey Ave., SE., Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, Washington, 
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.
    This proposed circular revises existing Circular 8100.1B, ``Program 
Guidance and Application Instructions for Metropolitan Planning Program 
Grants,'' dated October 25, 1996. FTA proposes to revoke Circular 
8200.1, ``Program Guidance and Application Instructions for State 
Planning and Research Program Grants,'' dated December 27, 2001, and 
place the updated content from this document, along with the updated 
content from the Metropolitan Planning Program (MPP), into the revised 
Proposed Circular 8100.1C, which will be renamed as ``Program Guidance 
for Metropolitan Planning and State Planning and Research Program 
Grants.''

Table of Contents

I. Overview
II. Chapter-by-Chapter Analysis
    A. Chapter I--Introduction and Background
    B. Chapter II--Metropolitan Planning Program
    C. Chapter III--State Planning and Research Program
    D. Chapter IV--Consolidated Planning Grants (CPG)
    E. Chapter V--Application Instructions
    F. Appendices

I. Overview

    The Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005) 
updated Chapter 53 of Title 49 of the United States Code incorporating 
new requirements for metropolitan and statewide transportation planning 
(49 U.S.C. 5303 and 5304). On February 14, 2007, FTA and the Federal 
Highway Administration (FHWA) published a Federal Register notice 
announcing a final rule, ``Statewide Transportation Planning; 
Metropolitan Transportation Planning,'' (72 FR 7224, February 14, 2007) 
which updated 23 CFR parts 450 and 500 and 49 CFR part 613 to include 
new provisions required by SAFETEA-LU.
    Over the past two years, FTA and FHWA worked cooperatively to 
prepare a new joint regulation on Metropolitan Transportation Planning 
and Statewide Transportation Planning which governs the work performed 
under the Metropolitan Planning Program (MPP) at 23 CFR part 450 and 
the State Planning and Research Program (SPRP) at 23 CFR part 420 
(adopted by FTA at 49 CFR part 613). The final rule was published in 
the Federal Register February 14, 2007, and provides the procedural 
basis for fully implementing the planning provisions set forth in 
legislation and makes the Metropolitan Transportation Planning and 
Statewide Transportation Planning regulations

[[Page 55628]]

consistent with current statutory requirements.
    The rulemaking process included extensive public outreach conducted 
jointly by FTA and FHWA. This involved preparation of a Notice of 
Proposed Rulemaking and a 90-day comment period during which 1600 
individual comments were received. This outreach was supported by six 
public outreach sessions, two national telecasts on the Internet, and a 
series of ``tag-on'' informational sessions with various transportation 
stakeholder association events, including the Association of State 
Highway and Transportation Officials (AASHTO), American Public 
Transportation Association (APTA), the National Association of Regional 
Councils (NARC), the Association of MPO's (AMPO), and State DOTs.
    While SAFETEA-LU made a number of changes to the requirements for 
metropolitan and statewide transportation planning, the legislation did 
not make substantive changes to the eligibility and grant-award aspects 
of the Metropolitan Planning Program (MPP). SAFETEA-LU did change the 
funding eligibility of the State Planning and Research Program (SPRP) 
to include only funds from Sections 5304, 5306, 5315, and 5322. 
Therefore funding activities under Sections 5312 and 5317, allowable 
under the previous legislation for SPRP, are no longer eligible 
activities.
    Another notable change that SAFETEA-LU made to the MPP and SPRP was 
unifying both programs under the same chapter, 49 U.S.C. 5305. Before 
SAFETEA-LU, program eligibility and criteria for the MPP could be found 
in 49 U.S.C. 5303(g) while program eligibility and criteria for the 
SPRP was found in 49 U.S.C. 5313(b). Additionally, SAFETEA-LU 
restricted the use of planning funds, under both the MPP and SPRP, to 
the States, the District of Columbia, and Puerto Rico and places 
responsibilities for such funds to these entities.
    The proposed circular adds information on the Consolidated Planning 
Grants (CPG) Program, a program administered by FTA and FHWA. This 
program allows FTA and FHWA metropolitan and statewide planning funds 
to be combined into a single consolidated grant. This program fosters a 
cooperative effort between the Federal agencies and the participating 
States to streamline the delivery of their planning programs providing 
the flexibility to transfer the planning funds to either FTA or FHWA 
for processing. Under CPGs, only one Federal agency, either FTA or 
FHWA, will administer grants.
    FTA reserves the right to make changes to this circular in the 
future to update references to requirements contained in other revised 
or new guidance and regulations without further notice and comment on 
this circular.

II. Chapter-by-Chapter Analysis

A. Chapter I--Introduction and Background

    This introductory chapter is a general introduction to FTA that is 
proposed to be included in all the new and revised program circulars 
for the orientation of readers new to FTA programs. Chapter I also 
includes definitions and a history of FTA's planning programs.

B. Chapter II--Metropolitan Planning Program

    This chapter replaces the former Chapter II, ``Eligibility,'' in 
Circular 8100.1B and consolidates Chapter I ``General Overview,'' 
Chapter II ``Eligibility,'' Chapter III ``Metropolitan Planning and 
Assistance: Formula and Notification,'' Chapter IV ``Unified Planning 
Work Program,'' Chapter V ``Application Instructions,'' Chapter VII 
``Grant Agreement,'' and Chapter VIII ``State Management'' of the 
existing Circular 8100.1B, with minor updates. This chapter provides an 
overview of the entire MPP in terms of its statutory authority and 
program goals. It defines the role of FTA and the individual States, 
explains the program's relationship to other FTA-funded programs, 
provides information on eligible planning activities, and offers 
detailed required steps for preparing a Unified Planning Work Program 
(UPWP).

C. Chapter III--Statewide Planning and Research Program

    This chapter replaces the former Chapter III, ``Metropolitan 
Planning and Assistance: Formula and Notification,'' in Circular 
8100.1B. This chapter consists of information found in Chapter II 
``State Planning and Research: Formula and Notification,'' Chapter IV 
``State Planning,'' Chapter VI ``Training Activities,'' and Chapter 
VIII ``Human Resource Activities'' of existing Circular 8200.1, with 
minor updates. It provides an overview of the SPRP in terms of its 
statutory authority and program goals. It defines the role of FTA and 
the individual States, and explains the program's relationship to other 
FTA-funded programs, as well as its coordination with other Federal 
programs.

D. Chapter IV--Consolidated Planning Grants (CPG)

    This chapter replaces the former Chapter IV, ``Unified Planning 
Work Program,'' in Circular 8100.1B. This chapter provides information 
on the Consolidated Planning Grant (CPG) Program.

E. Chapter V--Application Instructions

    This chapter updates Chapter V, ``Application Instructions,'' and 
Chapter VI, ``Certifications and Assurances,'' in Circular 8100.1B and 
merges them into one chapter. While providing minor updates to 
information on the MPP, this chapter also incorporates relevant 
information, with minor updates, from Chapter III ``Application 
Instructions,'' of existing Circular 8200.1. This section details the 
application process for both MPP and SPRP grants. This section also 
discusses the certifications and assurances and its location within 
FTA's Transportation Electronic Award and Management (TEAM) system, a 
streamlined electronic interface among grant applicants, recipients, 
and FTA that allows complete electronic grant application submission, 
review, approval, and management of all grants.

F. Appendices

    Appendices A-C of Circular 8100.1B have been relabeled and 
reorganized. FTA is also adding an index of common terms used 
throughout the circular following Appendix C. The new Appendix A 
contains an outline of a Unified Planning Work Program document and 
replaces the former Definitions section which has been moved to Chapter 
I. Appendix B is a revised ``MPP Sample Project Budget'' that was found 
in Appendix B of Circular 8100.1B, as well as a revised ``SPRP Sample 
Project Budget,'' that was formerly located in Appendix B of Circular 
8200.1. Appendix C contains references to other documents relevant to 
the planning programs.

    Issued in Washington, DC, this 24th day of September, 2007.
James S. Simpson,
Administrator.
[FR Doc. E7-19113 Filed 9-27-07; 8:45 am]
BILLING CODE 4910-57-P