FTA Fiscal Year 2009 Apportionments, Allocations, and Program Information, 77344-77429 [E8-29645]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77344-77429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29645]



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Part IV





Department of Transportation





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Federal Transit Administration



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FTA Fiscal Year 2009 Apportionments, Allocations, and Program 
Information; Notice

Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / 
Notices

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FTA Fiscal Year 2009 Apportionments, Allocations, and Program 
Information

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: Division A of the Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act, 2009, (Pub. L. 110-329) signed into 
law by President Bush on September 30, 2008, continues to fund the 
Federal transit programs of the Department of Transportation (DOT) at 
the same levels that were available under Division K of the 
``Consolidated Appropriations Act, 2008'' (Pub. L. 110-161) until a DOT 
Appropriations Act for Fiscal Year (FY) 2009 is enacted or March 6, 
2009, whichever occurs first. This notice provides information on 
funding amounts that are currently available for the Federal Transit 
Administration (FTA) assistance programs; provides program guidance and 
requirements; and provides information on several program issues 
important in the current year. The notice also includes tables that 
show certain discretionary programs unobligated (carryover) funding 
from previous years that will be available for obligation during FY 
2009.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice contact Henrika Buchanan-Smith, Director, Office of Transit 
Programs, at (202) 366-2053. Please contact the appropriate FTA 
regional office for any specific requests for information or technical 
assistance. The Appendix at the end of this notice includes contact 
information for FTA regional offices. An FTA headquarters contact for 
each major program area is also included in the discussion of that 
program in the text of the notice.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview
II. FY 2009 Available Funding for FTA Programs
    A. Available Funding Based on Division A of the Continuing 
Appropriations Act, 2009, and Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
    B. Program Funds Set-Aside for Oversight
III. FY 2009 FTA Key Program Initiatives and Changes
    A. SAFETEA-LU Implementation
    B. Planning Emphasis Areas
    C. Earmarks and Competitive Grant Opportunities
    D. Flexible Funding Procedures
    E. Changes in Match for Biodiesel Vehicles and Hybrid Retrofits
    F. National Transit Database (NTD) Disaster Adjustments Policy
IV. FTA PROGRAMS
    A. Metropolitan Planning Program (49 U.S.C. 5305)
    B. Statewide Planning and Research Program (49 U.S.C. 5305)
    C. Urbanized Area Formula Program (49 U.S.C. 5307)
    D. Clean Fuels Formula Program (49 U.S.C. 5308)
    E. Capital Investment Program (49 U.S.C. 5309)--Fixed Guideway 
Modernization
    F. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-
Related Facilities
    G. Capital Investment Program (49 U.S.C. 5309)--New Starts
    H. Special Needs of Elderly Individuals and Individuals With 
Disabilities Program (49 U.S.C. 5310)
    I. Nonurbanized Area Formula Program (49 U.S.C. 5311)
    J. Rural Transportation Assistance Program (49 U.S.C. 
5311(b)(3))
    K. Public Transportation on Indian Reservation Program (49 
U.S.C. 5311(c))
    L. National Research Program (49 U.S.C. 5314)
    M. Job Access and Reverse Commute Program (49 U.S.C. 5316)
    N. New Freedom Program (49 U.S.C. 5317)
    O. Paul S. Sarbanes Transit in Parks Program (49 U.S.C. 5320)
    P. Alternatives Analysis Program (49 U.S.C. 5339)
    Q. Growing States and High Density States Formula (49 U.S.C. 
5340)
    R. Over-the-Road Bus Accessibility Program (49 U.S.C. 5310 note)
V. FTA Policy And Procedures for FY 2009 Grants Requirements
    A. Automatic Pre-Award Authority To Incur Project Costs
    B. Letter of No Prejudice (LONP) Policy
    C. FTA FY 2009 Annual List of Certifications and Assurances
    D. FHWA Funds Used for Transit Purposes
    E. Grant Application Procedures
    F. Payments
    G. Oversight
    H. Technical Assistance
TABLES
    1. FTA FY 2009 APPROPRIATIONS AND APPORTIONMENTS FOR GRANT 
PROGRAMS
    2. FTA FY 2009 METROPOLITAN PLANNING PROGRAM AND STATEWIDE 
PLANNING AND RESEARCH PROGRAM APPORTIONMENTS
    3. FTA FY 2009 SECTION 5307 AND SECTION 5340 URBANIZED AREA 
APPORTIONMENTS
    4. FTA FY 2009 SECTION 5307 APPORTIONMENT FORMULA
    5. FTA FY 2009 FORMULA PROGRAMS APPORTIONMENTS DATA UNIT VALUES
    6. FTA FY 2009 SMALL TRANSIT INTENSIVE CITIES PERFORMANCE DATA 
AND APPORTIONMENTS
    7. FTA PRIOR YEAR UNOBLIGATED SECTION 5308 CLEAN FUELS 
ALLOCATIONS
    8. FTA FY 2009 SECTION 5309 FIXED GUIDEWAY MODERNIZATION 
APPORTIONMENTS
    9. FTA FY 2009 FIXED GUIDEWAY MODERNIZATION PROGRAM 
APPORTIONMENT FORMULA
    10. FTA PRIOR YEAR UNOBLIGATED SECTION 5309 BUS AND BUS-RELATED 
FACILITIES ALLOCATIONS
    11. FTA FY 2009 SECTION 5309 NEW STARTS ALLOCATIONS
    12. FTA PRIOR YEAR UNOBLIGATED SECTION 5309 NEW STARTS 
ALLOCATIONS
    13. FTA FY 2009 SPECIAL NEEDS FOR ELDERLY INDIVIDUALS AND 
INDIVIDUALS WITH DISABILITIES APPORTIONMENTS
    14. FTA FY 2009 SECTION 5311 AND SECTION 5340 NONURBANIZED AREA 
FORMULA APPORTIONMENTS, AND RURAL TRANSPORTATION ASSISTANCE PROGRAM 
(RTAP) ALLOCATIONS
    15. FTA PRIOR UNOBLIGATED TRIBAL TRANSIT DISCRETIONARY 
ALLOCATIONS
    16. FTA FY 2009 SECTION 5316 JOB ACCESS AND REVERSE COMMUTE 
(JARC) APPORTIONMENTS
    17. FTA PRIOR UNOBLIGATED DISCRETIONARY JARC ALLOCATIONS
    18. FTA FY 2009 SECTION 5317 NEW FREEDOM APPORTIONMENTS
    19. FTA PRIOR YEAR UNOBLIGATED SECTION 5339 ALTERNATIVE ANALYSIS 
ALLOCATIONS
APPENDIX

I. Overview

    This document apportions or allocates the FY 2009 funds that were 
made available under Division A of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009, (Pub. L. 110-329, 
September 30, 2008), hereinafter, (``Continuing Appropriations Act, 
2009'') among potential program recipients according to statutory 
formulas in 49 U.S.C. Chapter 53 and existing Full Funding Grant 
Agreements. The notice only includes the amount of FY 2009 funds that 
is currently available, which is approximately \5/12\ or 43% of the 
amounts that were available under the Consolidated Appropriations Act, 
2008. The notice does not include any extension or reprogramming of any 
discretionary funds that lapsed to the designated project as of 
September 30, 2008. The notice also does not include partial amounts 
made available to projects designated Bus and Bus-Related Facilities 
Program funds or National Research Program funds under SAFETEA-LU. FTA 
will issue a supplemental notice at a later date regarding these 
projects and any additional increments of formula and discretionary 
funds that become available.

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    For each FTA program included in this notice, we have provided 
relevant information on the FY 2009 funding currently available, 
program requirements, period of availability, and other related program 
information and highlights, as appropriate. A separate section of the 
document provides information on program requirements and guidance that 
are applicable to all FTA programs.

II. FY 2009 Funding for FTA Programs

A. Funding Based on the Continuing Appropriations Act, 2009 (Pub. L. 
110-329, September 30, 2008) and SAFETEA-LU Authorization

    The Continuing Appropriations Act, 2009, provides general funds and 
obligation authority on trust funds from the MTA that total $4.1 
billion for FTA programs, until a DOT Appropriations Act for FY 2009 is 
enacted or a continued continuing Resolution after March 6, 2009, 
whichever occurs first. Table 1 of this document shows the funding for 
the FTA programs, as provided for in the Continuing Appropriations Act, 
2009. All Formula Programs and the Section 5309 Bus and Bus-Related 
Facilities Program are funded entirely from MTA of the Highway Trust 
Fund in FY 2009. The Section 5309 New Starts Program, the Research 
Program, and FTA administrative expenses are funded by appropriations 
from the General Fund of the Treasury.
    Congress has enacted a partial year Continuing Appropriations Act, 
2009. This Federal Register notice includes tables of apportionments 
and allocations for FTA formula programs based on that Act. Prorated 
allocations based on FY 2008 funding levels are also included for 
active Full Funding Grant Agreements (FFGAs) under the New Starts 
discretionary program; however, FY 2009 discretionary allocations for 
other discretionary programs will not be published until FTA issues a 
subsequent notice as additional resources are made available.

B. Program Funds Set-Aside for Project Management Oversight

    FTA uses a percentage of funds appropriated to certain FTA programs 
for program oversight activities conducted by the agency. The funds are 
used to provide necessary oversight activities, including oversight of 
the construction of any major capital project under these statutory 
programs; to conduct safety and security, civil rights, procurement 
systems, management, planning certification and, financial reviews and 
audits, as well as evaluations and analyses of grantee specific 
problems and issues; and to provide technical assistance to correct 
deficiencies identified in compliance reviews and audits.
    Section 5327 of title 49 U.S.C., authorizes the takedown of funds 
from FTA programs for project management oversight. Section 5327 
provides oversight takedowns at the following levels: 0.5 percent of 
Planning funds, 0.75 percent of Urbanized Area Formula funds, 1 percent 
of Capital Investment funds, 0.5 percent of Special Needs of Elderly 
Individuals and Individuals with Disabilities formula funds, 0.5 
percent of Nonurbanized Area Formula funds, and 0.5 percent of the Paul 
S. Sarbanes Transit in the Parks Program funds (formerly the 
Alternative Transportation in the Parks and Public Lands Program).

III. FY 2009 FTA Program Initiatives and Changes

A. SAFETEA-LU Implementation

    In FY 2009, FTA continues to focus on implementation of SAFETEA-LU 
through issuance of new and revised program guidance and regulations. 
Before any documents that place binding obligations on grantees are 
finalized and issued, FTA makes them available for public comment. We 
encourage grantees to regularly check the FTA Web site at https://
www.fta.dot.gov and the U.S. Government docket management Website at 
https://regulations.gov for new issuances and to comment to the docket 
established for each document on relevant issues.

B. Planning Emphasis Areas

    In recognition of the priority planning organizations and grantees 
are giving to the implementation of the new and changed provisions of 
SAFETEA-LU, FTA and the Federal Highway Administration (FHWA) are not 
issuing new planning emphasis areas for FY 2009, and have rescinded 
planning emphasis areas from prior years.

C. Earmarks and Competitive Grant Opportunities

    SAFETEA-LU contained statutory earmarks under several programs. 
Absent future legislation to the contrary, FTA will honor the statutory 
earmarks; however, funds for the FY 2009 discretionary programs with 
the exception of New Start Program funds for existing FFGAs will not be 
made available in partial increments. FTA will publish the availability 
of discretionary funds in a subsequent notice. This notice does include 
tables of unobligated balances for earmarks from previous years under 
the Bus and Bus-Related Facilities Program, the New Starts Program, the 
Clean Fuels Program, and the Alternatives Analysis Program. FTA will 
continue to honor those earmarks. FTA will supplement this notice, at a 
later date, to provide any additional discretionary allocations of 
funds made available in FY 2009 and any lapsed prior year earmarks that 
the Secretary of Transportation determines to extend or reprogram, once 
the Department has examined the requests.

D. Flexible Funding Procedures

    Obligation authority for flexible funds, high priority projects and 
other transit projects in title 23 U.S.C. is transferred to FTA when 
States and local agencies determine that FTA will administer the 
project. The liquidating cash, however, is transferred between Federal 
accounts only as needed to ensure that adequate funds are available for 
disbursement on a timely basis. In order to track the cash flow more 
closely, FTA no longer combines funds transferred from FHWA into a 
single grant with FTA funds in the program to which they are 
transferred. FTA has established codes and procedures for grants 
involving funds transferred from FHWA. Grantees can contact the 
appropriate regional office for assistance.

E. Changes in Match for Biodiesel Vehicles and Hybrid Retrofits

    Section 164 of the Consolidated Appropriations Act, 2008, allowed a 
90 percent Federal share for biodiesel buses and for the net capital 
cost of factory-installed or retrofitted hybrid electric propulsion 
systems and any equipment related to such a system. This increased 
federal share is a cross-cutting provision and is applicable across FTA 
programs for any grants awarded during FY 2008 regardless of what 
fiscal year funding is used. This provision remains in effect pursuant 
to Division A of the Continuing Appropriations Act, 2009, which expires 
on or before March 6, 2009. Grantees may apply for a 90 percent Federal 
share for the entire cost of a biodiesel bus, but only for the cost of 
the propulsion system and related equipment in the case of the hybrid 
electric systems, not for 90 percent of the cost of the entire vehicle. 
In lieu of calculating the costs of the equipment separately, grantees 
may apply for 83 percent of the cost of the vehicle.

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F. National Transit Database (NTD) Disaster Adjustments Policy

    Previously, when a transit provider could not report to the NTD due 
to an ``Act of God'', such as an earthquake, fire, or flood, FTA would 
grant the affected transit provider a ``hold harmless adjustment,'' by 
using the previous year's service data reported to the NTD for that 
transit provider in the apportionment of formula grants for urbanized 
areas. On August 14, 2008, FTA proposed to change this policy and 
initiated notice and comment on the proposal. Effective November 13, 
2008, (73 FR 67247), FTA established a new policy, retroactive to NTD 
Report Year (RY) 2007 data, allowing transit providers that suffer a 
marked decrease in service data due to a natural or man-made disaster 
to receive a similar ``hold harmless adjustment'' in the apportionment 
of formula grants for urbanized areas. This adjustment is not automatic 
and must be requested in writing by either the affected transit 
provider, or the affected designated recipient for the urbanized area. 
FTA will approve or deny each request at its discretion based on the 
following factors: (1) Whether a Federal disaster declaration was in 
place for all or part of the current report year, for either all or 
part of the transit provider's service area; (2) whether the request 
demonstrates that the decrease in transit service from the report year 
before the disaster is in large part due to the ongoing impact of the 
disaster; and (3) whether the request demonstrates that the decrease in 
transit service reasonably appears to be temporary, and does not 
reflect the true transit needs of the urbanized area. FTA will not 
grant adjustment requests that do not address all three factors. 
Adjustment requests should include sufficient documentation to allow 
FTA to evaluate the request based on these factors. FTA may request 
additional information from an applicant for an adjustment to evaluate 
the request based on these factors. A request for an adjustment may 
only be made for one year at a time. Requests for an adjustment related 
to the same disaster may be made in subsequent years, provided that the 
applicant can continue to support its request based on the above 
factors. If the adjustment request is granted, the NTD data in all 
publicly-available data sets and data products would remain unadjusted, 
and would reflect the actual NTD submission for the transit provider. 
The only adjustment would be in using data from the previous full NTD 
Report Year before the disaster occurred in the data sets used for the 
apportionments of formula grants for urbanized areas.
    Further instructions for requesting a ``hold harmless'' adjustment 
will be found in future editions of the NTD Annual Reporting Manual, 
available at https://www.ntdprogram.gov.

IV. FTA Programs

    This section of the notice provides available FY 2009 funding and/
or other important program-related information for the three major FTA 
funding accounts included in the notice (Formula and Bus Grants, 
Capital Investment Grants, and Research Grants). Of the 17 separate FTA 
programs contained in this notice that fall under the major program 
area headings, funding for ten programs is apportioned by statutory or 
administrative formula. Funding for the other seven is allocated on a 
discretionary or competitive basis.
    Funding and/or other important information for each of the 17 
programs is presented immediately below. This includes program 
apportionments or allocations, certain program requirements, length of 
time FY 2009 funding is available for obligation and other significant 
program information pertaining to FY 2009.

A. Metropolitan Planning Program (49 U.S.C. 5305(d))

    Section 5305(d) authorizes federal funding to support a 
cooperative, continuous, and comprehensive planning program for 
transportation investment decision-making at the metropolitan area 
level. The specific requirements of metropolitan transportation 
planning are set forth in 49 U.S.C. 5303 and further explained in 23 
CFR Part 450 as referenced in 49 CFR Part 613, Statewide Transportation 
Planning; Metropolitan Transportation Planning; Final Rule. State 
Departments of Transportation are direct recipients of funds allocated 
by FTA, which are then suballocated to Metropolitan Planning 
Organizations (MPOs) by formula, for planning activities that support 
the economic vitality of the metropolitan area, especially by enabling 
global competitiveness, productivity, and efficiency; increasing the 
safety and security of the transportation system for motorized and non-
motorized users; increasing the accessibility and mobility options 
available to people and for freight; protecting and enhancing the 
environment, promoting energy conservation, and improving quality of 
life; enhancing the integration and connectivity of the transportation 
system, across and between modes, for people and freight; promoting 
efficient system management and operation; and emphasizing the 
preservation of the existing transportation system. This funding must 
support work elements and activities resulting in balanced and 
comprehensive intermodal transportation planning for the movement of 
people and goods in the metropolitan area. Comprehensive transportation 
planning is not limited to transit planning or surface transportation 
planning, but also encompasses the relationships among land use and all 
transportation modes, without regard to the programmatic source of 
Federal assistance. Eligible work elements or activities include, but 
are not limited to studies relating to management, planning, 
operations, capital requirements, and economic feasibility; evaluation 
of previously funded projects; peer reviews and exchanges of technical 
data, information, assistance, and related activities in support of 
planning and environmental analysis among MPOs and other transportation 
planners; work elements and related activities preliminary to and in 
preparation for constructing, acquiring, or improving the operation of 
facilities and equipment. An exhaustive list of eligible work 
activities is provided in FTA Circular 8100.1C, Program Guidance for 
Metropolitan Planning and State Planning and Research Program Grants, 
dated September 1, 2008. For more about the Metropolitan Planning 
Program and the FTA Circular 8100.1C, contact Victor Austin Office of 
Planning and Environment at (202) 366-2996.
1. FY 2009 Funding Availability
    The Continuing Appropriations Act, 2009, provides $38,068,323 to 
the Metropolitan Planning Program (49 U.S.C. 5305(d)) to support 
metropolitan transportation planning activities set forth in 49 U.S.C. 
5303. The total amount apportioned for the Metropolitan Planning 
Program to States for MPOs' use in urbanized areas (UZAs) is 
37,877,981, as shown in the table below, after the deduction for 
oversight and the addition of prior year reapportioned funds.

                      Metropolitan Planning Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation...................................       $38,068,323
Oversight Deduction...................................          -190,342
                                                       -----------------
    Total Apportioned.................................        37,877,981
------------------------------------------------------------------------

    States' apportionments for this program are displayed in Table 2.

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2. Basis for Formula Apportionments
    As specified in law, 82.72 percent of the amounts authorized for 
Section 5305 are allocated to the Metropolitan Planning program. FTA 
allocates Metropolitan Planning funds to the States according to a 
statutory formula. Eighty percent of the funds are distributed to the 
States as a basic allocation based on each State's UZA population, 
based on the most recent decennial Census. The remaining 20 percent is 
provided to the States as a supplemental allocation based on an FTA 
administrative formula to address planning needs in the larger, more 
complex UZAs. The amount published for each State is a combined total 
of both the basic and supplemental allocation.
3. Program Requirements
    The State allocates Metropolitan Planning funds to MPOs in UZAs or 
portions thereof to provide funds for projects included in an annual 
work program (the Unified Planning Work Program, or UPWP) that includes 
both highway and transit planning projects. Each State has either 
reaffirmed or developed, in consultation with their MPOs, a new 
allocation formula, as a result of the 2000 Census. The State 
allocation formula may be changed annually, but any change requires 
approval by the FTA regional office before grant approval. Program 
guidance for the Metropolitan Planning Program is found in FTA Circular 
8100.1C, Program Guidance for Metropolitan Planning and State Planning 
and Research Program Grants, dated September 1, 2008. For more about 
the Metropolitan Planning Program and the FTA Circular 8100.1C, contact 
Victor Austin of the Office of Planning and Environment at (202) 366-
2996.
4. Period of Availability
    The funds apportioned under the Metropolitan Planning program 
remain available to be obligated by FTA to recipients for four fiscal 
years--which includes the year of apportionment plus three additional 
years. Any apportioned funds that remain unobligated at the close of 
business on September 30, 2012, will revert to FTA for reapportionment 
under the Metropolitan Planning Program.
5. Other Program or Apportionment Related Information and Highlights
    a. Planning Emphasis Areas (PEAs). FTA and FHWA are not issuing new 
PEAs this year, and are rescinding PEAs issued in prior years, in light 
of the priority given to implementation of SAFETEA-LU planning and 
program provisions.
    b. Consolidated Planning Grants. FTA and FHWA planning funds under 
both the Metropolitan Planning and State Planning and Research Programs 
can be consolidated into a single consolidated planning grant (CPG), 
awarded by either FTA or FHWA. The CPG eliminates the need to monitor 
individual fund sources, if several have been used, and ensures that 
the oldest funds will always be used first. Unlike ``flex funds'' for 
capital programs, planning funds from FHWA may be combined with FTA 
planning funds in a single grant. Alternatively, FTA planning funds may 
be transferred to FHWA to be administered as combined grants.
    Under the CPG, States can report metropolitan planning program 
expenditures (to comply with the Single Audit Act) for both FTA and 
FHWA under the Catalogue of Federal Domestic Assistance number for 
FTA's Metropolitan Planning Program (20.505). Additionally, for States 
with an FHWA Metropolitan Planning (PL) fund-matching ratio greater 
than 80 percent, the State can waive the 20 percent local share 
requirement, with FTA's concurrence, to allow FTA funds used for 
metropolitan planning in a CPG to be granted at the higher FHWA rate. 
For some States, this Federal match rate can exceed 90 percent.
    States interested in transferring planning funds between FTA and 
FHWA should contact the FTA Regional Office or FHWA Division Office for 
more detailed procedures. Current guidelines are included in Federal 
Highway Administration Memorandum dated July 12, 2007, ``Information: 
Final Transfers to Other Agencies that Administer Title 23 Programs.''
    For further information on CPGs, contact Kristen Clarke, Office of 
Budget and Policy, FTA, at (202) 366-1686, Ken Johnson, Office of 
Program Management, FTA, at (202) 366-1659, or Kenneth Petty, Office of 
Planning and Environment, FHWA, at (202) 366-6654.

B. State Planning and Research Program (49 U.S.C. 5305(e))

    This program provides financial assistance to States for Statewide 
transportation planning and other technical assistance activities, 
including supplementing the technical assistance program provided 
through the Metropolitan Planning program. The specific requirements of 
Statewide transportation planning are set forth in 49 U.S.C. 5304 and 
further explained in 23 CFR Part 450 as referenced in 49 CFR Part 613, 
Statewide Transportation Planning; Metropolitan Transportation 
Planning; Final Rule. This funding must support work elements and 
activities resulting in balanced and comprehensive intermodal 
transportation planning for the movement of people and goods. 
Comprehensive transportation planning is not limited to transit 
planning or surface transportation planning, but also encompasses the 
relationships among land use and all transportation modes, without 
regard to the programmatic source of Federal assistance. For more 
information, contact Victor Austin of the Office of Planning and 
Environment at (202) 366-2996.
1. FY 2009 Funding Availability
    The Continuing Appropriations Act, 2009, provides $7,952,377 to the 
State Planning and Research Program (49 U.S.C. 5305). The total amount 
apportioned for the State Planning and Research Program (SPRP) is 
$7,912,615, as shown in the table below, after the deduction for 
oversight (authorized by 49 U.S.C. 5327).

                   State Planning and Research Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation...................................        $7,952,377
Oversight Deduction...................................           -39,762
                                                       -----------------
    Total Apportioned.................................         7,912,615
------------------------------------------------------------------------

    State apportionments for this program are displayed in Table 2.
2. Basis for Apportionment Formula
    As specified in law, 17.28 percent of the amounts authorized for 
Section 5305 are allocated to the State Planning and Research program. 
FTA apportions funds to States by a statutory formula that is based on 
the most recent decennial Census, and the State's UZA population as 
compared to the UZA population of all States.
3. Requirements
    Funds are provided to States for Statewide transportation planning 
programs. These funds may be used for a variety of purposes such as 
planning, technical studies and assistance, demonstrations, and 
management training. In addition, a State may authorize a portion of 
these funds to be used to supplement Metropolitan Planning funds 
allocated by the State to its UZAs, as the State deems appropriate. 
Program guidance for the State Planning and Research program is found 
in FTA Circular 8100.1C. This funding must support work elements and 
activities resulting in balanced and comprehensive intermodal

[[Page 77348]]

transportation planning for the movement of people and goods. 
Comprehensive transportation planning is not limited to transit 
planning or surface transportation planning, but also encompasses the 
relationships among land use and all transportation modes, without 
regard to the programmatic source of Federal assistance. Eligible work 
elements or activities include, but are not limited to studies relating 
to management, planning, operations, capital requirements, and economic 
feasibility; evaluation of previously funded projects; peer reviews and 
exchanges of technical data, information, assistance, and related 
activities in support of planning and environmental analysis; work 
elements and related activities preliminary to and in preparation for 
constructing, acquiring, or improving the operation of facilities and 
equipment. An exhaustive list of eligible work activities is provided 
in FTA Circular 8100.1C, Program Guidance for Metropolitan Planning and 
State Planning and Research Program Grants, dated September 1, 2008. 
For more information, contact Victor Austin, Office of Planning and 
Environment at (202) 366-2996.
4. Period of Availability
    The funds apportioned under the State Planning and Research program 
remain available to be obligated by FTA to recipients for four fiscal 
years--which include the year of apportionment plus three additional 
fiscal years. Any apportioned funds that remain unobligated at the 
close of business on September 30, 2012, will revert to FTA for 
reapportionment under the State Planning and Research Program.
5. Other Program or Apportionment Related Information and Highlights
    See Section A5 for information about Planning Emphasis Areas and 
CPGs.

C. Urbanized Area Formula Program (49 U.S.C. 5307)

    Section 5307 authorizes Federal capital and operating assistance, 
in some cases, for transit in Urbanized Areas (UZAs). A UZA is an area 
with a population of 50,000 or more that has been defined and 
designated as such in the most recent decennial Census by the U.S. 
Census Bureau. The Urbanized Area Formula Program funds may also be 
used to support planning activities, and may supplement to planning 
projects funded under the Metropolitan Planning program described 
above. Urbanized Areas Formula Program funds used for planning must be 
shown in the UPWP for MPO(s) with responsibility for that area. Funding 
is apportioned directly to each UZA with a population of 200,000 or 
more, and to the State Governors for UZAs with populations between 
50,000 and 200,000. Eligible applicants are limited to entities 
designated as recipients in accordance with 49 U.S.C. 5307(a)(2) and 
other public entities with the consent of the Designated Recipient. 
Generally, operating assistance is not an eligible expense for UZAs 
with populations of 200,000 or more. However, there are several 
exceptions to this restriction. The exceptions are described in section 
3(d)(5) below.
    For more information about the Urbanized Area Formula Program 
contact Scott Faulk, Office of Transit Programs, at (202) 366-1660.
1. FY 2009 Funding Availability
    The Continuing Appropriations Act, 2009, provides $1,682,053,574 to 
the Urbanized Area Formula Program (49 U.S.C. 5307). The total amount 
apportioned for the Urbanized Area Formula Program is $1,828,187,915 as 
shown in the table below, after the 0.75 percent deduction for 
oversight (authorized by 49 U.S.C. 5327) and including funds 
apportioned to UZAs from the appropriation for Section 5340 for Growing 
States and High Density States.

                     Urbanized Area Formula Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation..................................     $1,682,053,574
                                                                     \a\
Oversight Deduction..................................        -12,615,402
Section 5340 Funds Added.............................        158,749,743
                                                      ------------------
    Total Apportioned................................      1,828,187,915
------------------------------------------------------------------------
\a\ One percent set-aside for Small Transit Intensive Cities Formula.

    Table 3 displays the amounts apportioned under the Urbanized Area 
Formula Program.
2. Basis for Formula Apportionment
    FTA apportions Urbanized Area Formula Program funds based on 
legislative formulas. Different formulas apply to UZAs with populations 
of 200,000 or more and to UZAs with populations less than 200,000. For 
UZAs with 50,000 to 199,999 in population, the formula is based solely 
on population and population density. For UZAs with populations of 
200,000 and more, the formula is based on a combination of bus revenue 
vehicle miles, bus passenger miles, fixed guideway revenue vehicle 
miles, and fixed guideway route miles, as well as population and 
population density. Table 4 includes detailed information about the 
formulas.
    To calculate a UZA's FY 2009 apportionment, FTA used population and 
population density statistics from the 2000 Census and (when 
applicable) validated mileage and transit service data from transit 
providers' 2007 National Transit Database (NTD) Report Year. Pursuant 
to 49 U.S.C. 5336(b), FTA used 60 percent of the directional route 
miles attributable to the Alaska Railroad passenger operations system 
to calculate the apportionment for the Anchorage, Alaska UZA.
    We have calculated dollar unit values for the formula factors used 
in the Urbanized Area Formula Program apportionment calculations. These 
values represent the amount of money each unit of a factor is worth in 
this year's apportionment. The unit values change each year, based on 
all of the data used to calculate the apportionments. The dollar unit 
values for FY 2009 are displayed in Table 5. To replicate the basic 
formula component of a UZA's apportionment, multiply the dollar unit 
value by the appropriate formula factor (i.e., the population, 
population x population density), and when applicable, data from the 
NTD (i.e., route miles, vehicle revenue miles, passenger miles, and 
operating cost).
    In FY 2009, one percent of funds appropriated for Section 5307, or 
$16,820,536 based on the Continuing Appropriations Act, is set aside 
for Small Transit Intensive Cities (STIC). FTA apportions these funds 
to UZAs under 200,000 in population that operate at a level of service 
equal to or above the industry average level of service for all UZAs 
with a population of at least 200,000, but not more than 999,999, in 
one or more of six performance categories: Passenger miles traveled per 
vehicle revenue mile, passenger miles traveled per vehicle revenue 
hour, vehicle revenue miles per capita, vehicle revenue hours per 
capita, passenger miles traveled per capita, and passengers per capita.
    The data for these categories for the purpose of FY 2009 
apportionments comes from the NTD reports for the 2007 reporting year. 
This data is used to determine a UZA's eligibility under the STIC 
formula, and is also used in the STIC apportionment calculations. 
Because these performance data change with each year's NTD reports, the 
UZAs eligible for STIC funds and the amount each receives may vary each 
year. In FY 2009, FTA apportioned $56,826 for each performance factor/
category for which the urbanized area exceeded the national average for 
UZAs with a

[[Page 77349]]

population of at least 200,000 but not more than 999,999.
    In addition to the funds apportioned to UZAs, according to the 
Section 5307 formula factors contained in 49 U.S.C. 5336, FTA also 
apportions funds to urbanized areas under Section 5340 Growing States 
and High Density States formula factors. In FY 2009, FTA apportions 
$64,557,843 to 453 UZA's in all 50 States and $94,191,900 to 46 UZAs in 
seven High Density States. Half of the funds appropriated for Section 
5340 are available to Growing States and half to High Density States. 
FTA apportions Growing States funds by a formula based on State 
population forecasts for 15 years beyond the most recent Census. FTA 
distributes the amounts apportioned for each State between UZAs and 
nonurbanized areas based on the ratio of urbanized/nonurbanized 
population within each State in the 2000 census, and to UZAs 
proportionately based on UZA population in the 2000 census because 
population estimates are not available at the UZA level. FTA apportions 
the High Density States funds to States with population densities in 
excess of 370 persons per square mile. These funds are apportioned only 
to UZAs within those States. FTA pro-rates each UZA's share of the High 
Density funds based on the population of the UZAs in the State in the 
2000 census.
    FTA cannot provide unit values for the Growing States or High 
Density formulas because the allocations to individual States and 
urbanized areas are based on their relative population data, rather 
than on a national per capita basis.
    Based on language in the conference report accompanying SAFETEA-LU, 
FTA is to show a single apportionment amount for Section 5307, STIC and 
Section 5340. FTA shows a single Section 5307 apportionment amount for 
each UZA in Table 3, the Urbanized Area Formula apportionments. The 
amount includes funds apportioned based on the Section 5307 formula 
factors, any STIC funds, and any Growing States and High Density States 
funding allocated to the area. FTA uses separate formulas to calculate 
and generate the respective apportionment amounts for the Section 5307, 
STIC and Section 5340. For technical assistance purposes, the UZAs that 
received STIC funds are listed in Table 6. FTA will make available 
breakouts of the funding allocated to each UZA under these formulas, 
upon request to the regional office.
3. Program Requirements
    Program guidance for the Urbanized Area Formula Program is 
presently found in FTA Circular C9030.1C, Urbanized Area Formula 
Program: Grant Application Instructions, dated October 1, 1998, and 
supplemented by additional information or changes provided in this 
document. FTA is in the process of updating the circular. Several 
important program requirements are highlighted below.
a. Urbanized Area Formula Apportionments to Governors
    For small UZAs, those with a population of less than 200,000, FTA 
apportions funds to the Governor of each State for distribution. A 
single total Governor's apportionment amount for the Urbanized Area 
Formula, STIC, and Growing States and High Density States is shown in 
the Urbanized Area Formula Apportionment Table 3. The table also shows 
the apportionment amount attributable to each small UZA within the 
State. The Governor may determine the sub-allocation of funds among the 
small UZAs except that funds attributed to a small UZA that is located 
within the planning boundaries of a Transportation Management Area 
(TMA) must be obligated to that small UZA, as discussed in subsection f 
below.
b. Transit Enhancements
    Section 5307(d)(1)(K) requires that one percent of Section 5307 
funds apportioned to UZAs with populations of 200,000 or more be spent 
on eligible transit enhancement activities or projects. This 
requirement is now treated as a certification, rather than as a set-
aside as was the case under the Transportation Equity Act for the 21st 
Century (TEA-21). Designated recipients in UZAs with populations of 
200,000 or more certify they are spending not less than one percent of 
Section 5307 funds for transit enhancements. In addition, Designated 
Recipients must submit an annual report on how they spent the money 
with the Federal fiscal year's final quarterly progress report in TEAM-
Web. The report should include the following elements: (a) Grantee 
name; (b) UZA name and number; (c) FTA project number; (d) transit 
enhancement category; (e) brief description of enhancement and progress 
towards project implementation; (f) activity line item code from the 
approved budget; and (g) amount awarded by FTA for the enhancement. The 
list of transit enhancement categories and activity line item (ALI) 
codes may be found in the table of Scope and ALI codes on TEAM-Web, 
which can be accessed at https://FTATEAMWeb.fta.dot.gov.
    The term ``transit enhancement'' includes projects or project 
elements that are designed to enhance public transportation service or 
use and are physically or functionally related to transit facilities. 
Eligible enhancements include the following: (1) Historic preservation, 
rehabilitation, and operation of historic mass transportation 
buildings, structures, and facilities (including historic bus and 
railroad facilities); (2) bus shelters; (3) landscaping and other 
scenic beautification, including tables, benches, trash receptacles, 
and street lights; (4) public art; (5) pedestrian access and walkways; 
(6) bicycle access, including bicycle storage facilities and installing 
equipment for transporting bicycles on mass transportation vehicles; 
(7) transit connections to parks within the recipient's transit service 
area; (8) signage; and (9) enhanced access for persons with 
disabilities to mass transportation.
    It is the responsibility of the MPO to determine how the one-
percent for transit enhancements will be allotted to transit projects. 
The one percent minimum requirement does not preclude more than one 
percent from being expended in a UZA for transit enhancements. However, 
activities that are only eligible as enhancements--in particular, 
operating costs for historic facilities--may be assisted only within 
the one-percent funding level.
c. Transit Security Projects
    Pursuant to section 5307(d)(1)(J), each recipient of Urbanized Area 
Formula funds must certify that of the amount received each fiscal 
year, it will expend at least one percent on ``public transportation 
security projects'' or must certify that it has decided the expenditure 
is not necessary. For applicants not eligible to receive Section 5307 
funds for operating assistance, only capital security projects may be 
funded with the one percent. SAFETEA-LU, however, expanded the 
definition of eligible ``capital'' projects to include specific crime 
prevention and security activities, including: (1) Projects to refine 
and develop security and emergency response plans; (2) projects aimed 
at detecting chemical and biological agents in public transportation; 
(3) the conduct of emergency response drills with public transportation 
agencies and local first response agencies; and (4) security training 
for public transportation employees, but excluding all expenses related 
to operations, other than such

[[Page 77350]]

expenses incurred in conducting emergency drills and training. ALI 
codes have been established for these four new capital activities. The 
one percent may also include security expenditures included within 
other capital activities, and, where the recipient is eligible, 
operating assistance. The relevant ALI codes would be used for those 
activities.
    FTA is often called upon to report to Congress and others on how 
grantees are expending Federal funds for security enhancements. To 
facilitate tracking of grantees' security expenditures, which are not 
always evident when included within larger capital or operating 
activity line items in the grant budget, we have established a non-
additive (``non-add'') scope code for security expenditures--Scope 991. 
The non-add scope is to be used to aggregate activities included in 
other scopes, and it does not increase the budget total. Section 5307 
grantees should include this non-add scope in the project budget for 
each new Section 5307 grant application or amendment. Under this non-
add scope, the applicant should repeat the full amount of any of the 
line items in the budget that are exclusively for security and include 
the portion of any other line item in the project budget that is 
attributable to security, using under the non-add scope the same line 
item used in the project budget. The grantee can modify the ALI 
description or use the extended text feature, if necessary, to describe 
the security expenditures.
    The grantee must provide information regarding its use of the one 
percent for security as part of each Section 5307 grant application, 
using a special screen in TEAM-Web. If the grantee has certified that 
it is not necessary to expend one percent for security, the Section 
5307 grant application must include information to support that 
certification. FTA will not process an application for a Section 5307 
grant until the security information is complete.
d. FY 2009 Operating Assistance
    UZAs under 200,000 in population may use Section 5307 funds for 
operating assistance. In addition, Section 5307, as amended by, 
SAFETEA-LU and TEA-21, allows some UZAs with a population of 200,000 or 
more to use FY 2009 Urbanized Area Formula funds for operating 
assistance under certain conditions. The specific provisions allowing 
the limited use of operating assistance in large UZAs are as follows:
    (1) Section 5307(b)(1)(E) provides for grants for the operating 
costs of equipment and facilities for use in public transportation in 
the Evansville, IN-KY urbanized area, for a portion or portions of the 
UZA if the portion of the UZA includes only one State, the population 
of the portion is less than 30,000, and the grants will be not used to 
provide public transportation outside of the portion of the UZA.
    (2) Section 5307(b)(1)(F) provides operating costs of equipment and 
facilities for use in public transportation for local governmental 
authorities in areas which adopted transit operating and financing 
plans that became a part of the Houston, Texas, UZA as a result of the 
2000 decennial census of population, but lie outside the service area 
of the principal public transportation agency that serves the Houston 
UZA.
    (3) Section 5336(a)(2) prescribes the formula to be used to 
apportion Section 5307 funds to UZAs with population of 200,000 or 
more. SAFETEA-LU amended 5336(a)(2) to add language that stated, ``* * 
* except that the amount apportioned to the Anchorage urbanized area 
under subsection (b) shall be available to the Alaska Railroad for any 
costs related to its passenger operations.'' This language has the 
effect of directing that funds apportioned to the Anchorage urbanized 
area, under the fixed guideway tiers of the Section 5307 apportionment 
formula, be made available to the Alaska Railroad, and that these funds 
may be used for any capital or operating costs related to its passenger 
operations.
    (4) Section 3027(c)(3) of TEA-21, as amended (49 U.S.C. 5307 note), 
provides an exception to the restriction on the use of operating 
assistance in a UZA with a population of 200,000 or more, by allowing 
transit providers/grantees that provide service exclusively to elderly 
persons and persons with disabilities and that operate 20 or fewer 
vehicles to use Section 5307 funds apportioned to the UZA for operating 
assistance. The total amount of funding made available for this purpose 
under Section 3027(c)(3) is $1.4 million. Transit providers/grantees 
eligible under this provision have already been identified and 
notified.
    (5) Pursuant to the SAFETEA-LU Technical Corrections Act, 2008, in 
FY 2009, section 5307(b)(2) allows (1) UZAs that grew in population 
from under 200,000 to over 200,000 or that were under 200,000 but 
merged into another urbanized area and the population is over 200,000, 
as a result of the 2000 Census to use Section 5307 funds for operating 
assistance in an amount up to 50 percent of the grandfathered amount 
for FY 2002 funds; (2) Areas that were nonurbanized under the 1990 
Census and became urbanized, as a result of the 2000 Census, to use no 
more than 50 percent of the amount apportioned to the area for FY 2003 
for operating assistance; and (3) nonurbanized areas under the 1990 
Census that merged into urbanized areas over 200,000, as a result of 
the 2000 Census, to use 50 percent of the amount the area received in 
FY 2002 Section 5311 funding for operating assistance.
e. Sources of Local Match
    Pursuant to Section 5307(e), the Federal share of an urbanized area 
formula grant is 80 percent of net project cost for a capital project 
and 50 percent of net project cost for operating assistance unless the 
recipients project a greater local share. The remainder of the net 
project cost (i.e., 20 percent and 50 percent, respectively) shall be 
provided from the following sources:
    1. In cash from non-Government sources other than revenues from 
providing public transportation services;
    2. From revenues derived from the sale of advertising and 
concessions;
    3. From an undistributed cash surplus, a replacement or 
depreciation cash fund or reserve, or new capital;
    4. From amounts received under a service agreement with a State or 
local social service agency or private social service organization; and
    5. Proceeds from the issuance of revenue bonds.
    In addition, funds from Section 403(a)(5)(C)(vii) of the Social 
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) can be used to match 
Urbanized Area Formula funds.
f. Designated Transportation Management Areas (TMA)
    Guidance for setting the boundaries of TMAs is in the joint 
transportation planning regulations codified at 23 CFR Part 450 as 
reference in 49 CFR Part 613. In some cases, the TMA planning 
boundaries established by the MPO for the designated TMA includes one 
or more small UZAs. In addition, one small UZA (Santa Barbara, CA) has 
been designated as a TMA. In either of these situations, the Governor 
cannot allocate ``Governor's Apportionment'' funds attributed to the 
small UZAs to other areas; that is, the Governor only has discretion to 
allocate Governor's Apportionment funds attributable to areas that are 
outside of designated TMA planning boundaries.
    The list of small UZAs included within the planning boundaries of

[[Page 77351]]

designated TMAs is provided in the table below.

------------------------------------------------------------------------
                                  Small urbanized area included in TMA
        Designated TMA                     planning boundary
------------------------------------------------------------------------
 Albany, NY..................  Saratoga Springs, NY.
 Houston, TX.................  Galveston, TX; Lake Jackson-Angleton, TX;
                                Texas City, TX; The Woodlands, TX.
 Jacksonville, FL............  St. Augustine, FL.
 Orlando, FL.................  Kissimmee, FL.
 Palm Bay-Melbourne, FL......  Titusville, FL.
 Philadelphia, PA-NJ-DE-MD...  Pottstown, PA.
 Pittsburg, PA...............  Monessen, PA; Weirton, WV-Steubenville,
                                OH-PA (PA portion); Uniontown-
                                Connellsville, PA.
 Seattle, WA.................  Bremerton, WA.
 Washington, DC-VA-MD........  Frederick, MD.
------------------------------------------------------------------------

    The MPO must notify the Associate Administrator for Program 
Management, Federal Transit Administration, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, in writing, no later than July 1 of each 
year, to identify any small UZA within the planning boundaries of a 
TMA.
g. Urbanized Area Formula Funds Used for Highway Purposes
    Funds apportioned to a TMA are eligible for transfer to FHWA for 
highway projects, if the Designated Recipient has allocated a portion 
of the areas section 5307 funding for such use. However, before funds 
can be transferred, the following conditions must be met: (1) Such use 
must be approved by the MPO in writing, after appropriate notice and 
opportunity for comment and appeal are provided to affected transit 
providers; (2) in the determination of the Secretary, such funds are 
not needed for investments required by the Americans with Disabilities 
Act of 1990 (ADA); and (3) the MPO determines that local transit needs 
are being addressed.
    The MPO should notify the appropriate FTA Regional Administrator of 
its intent to use FTA funds for highway purposes, as prescribed in 
section V.D below. Urbanized Area Formula funds that are designated by 
the MPO for highway projects will be transferred to and administered by 
FHWA.
4. Period of Availability
    The Urbanized Area Formula Program funds apportioned in this notice 
remain available to be obligated during the year of appropriation plus 
three additional years. Accordingly, these funds must be obligated by 
FTA to recipients by September 30, 2012. Any of these apportioned funds 
that remain unobligated at the close of business on September 30, 2012, 
will revert to FTA for reapportionment under the Urbanized Area Formula 
Program.
5. Other Program or Apportionment Related Information and Highlights
    In each UZA with a population of 200,000 or more, the Governor in 
consultation with responsible local officials, and publicly owned 
operators of public transportation has designated one or more entities 
to be the Designated Recipient for Section 5307 funds apportioned to 
the UZA. The same entity(s) may or may not be the Designated Recipient 
for the Job Access and Reverse Commute (JARC) and New Freedom program 
funds apportioned to the UZA. In UZAs under 200,000 in population, the 
State is the Designated Recipient for Section 5307 as well as JARC and 
New Freedom programs. The Designated Recipient for Section 5307 may 
authorize other entities to apply directly to FTA for Section 5307 
grants pursuant to a supplemental agreement. While the requirement that 
projects selected for funding be included in a locally developed 
coordinated public transit/human service transportation plan is not 
included in Section 5307 as it is in Sections 5310, 5316 (JARC) and 
5317 (New Freedom), FTA expects that in their role as public transit 
providers, recipients of Section 5307 funds will be participants in the 
local planning process for these programs.

D. Clean Fuels Grant Program (49 U.S.C. 5308)

    The Clean Fuels Grant Program supports the use of alternative fuels 
in air quality maintenance or nonattainment areas for ozone or carbon 
monoxide through capital grants to urbanized areas for clean fuel 
vehicles and facilities. Previously an unfunded Formula Program under 
TEA-21, the program is now a discretionary program. For more 
information about this program, contact Kimberly Sledge, Office of 
Transit Programs, at (202) 366-2053.
1. FY 2009 Funding Availability
    The Continuing Appropriations Act, 2009, provides $21,074,900 to 
the Clean Fuels Grant Program (49 U.S.C. 5308). FTA will publish 
project allocations in a supplemental notice when all program funds 
have been made available.
2. Requirements
    Clean Fuels program funds may be made available to any grantee in a 
UZA that is designated as maintenance or nonattainment area for ozone 
or carbon monoxide as defined in the Clean Air Act. Eligible recipients 
include Section 5307 Designated Recipients as well as recipients in 
small UZAs. In the case of a small UZA, the State in which the area is 
located will act as the recipient.
    Eligible projects include the purchase or lease of clean fuel buses 
(including buses that employ a lightweight composite primary 
structure), the construction or lease of clean fuel buses or electrical 
recharging facilities and related equipment for such buses, and 
construction or improvement of public transportation facilities to 
accommodate clean fuel buses.
    Legislation will be necessary if a recipient wishes to use Clean 
Fuels funds earmarked in SAFETEA-LU for eligible program activities 
outside the scope of a project description.
    Unless otherwise specified in law, grants made under the Clean 
Fuels program must meet all other eligibility requirements as outlined 
in Section 5308.
3. Period of Availability
    Funds designated for specific Clean Fuels Program projects remain 
available for obligation for three fiscal years, which includes the 
year of appropriation plus two additional fiscal years. The FY 2009 
funding for projects will remain available through September 30, 2011. 
Clean Fuels funds not obligated in an FTA grant for eligible purposes 
at the end of the period of availability will generally be made 
available for other projects.

[[Page 77352]]

5. Other Program or Allocation Related Information and Highlights
    Prior year unobligated balances for Clean Fuel allocations in the 
amount of $46,862,483 remain available for obligation in FY 2009. This 
includes $6,690,000 in FY 2007 and $40,172,483 in FY 2008 unobligated 
allocations. The unobligated amounts available as of September 30, 
2008, are displayed in Table 7.

E. Capital Investment Program (49 U.S.C. 5309)--Fixed Guideway 
Modernization

    This program provides capital assistance for the modernization of 
existing fixed guideway systems. Funds are allocated by a statutory 
formula to UZAs with fixed guideway systems that have been in operation 
for at least seven years. A ``fixed guideway'' refers to any transit 
service that uses exclusive or controlled rights-of-way or rails, 
entirely or in part. The term includes heavy rail, commuter rail, light 
rail, monorail, trolleybus, aerial tramway, inclined plane, cable car, 
automated guideway transit, ferryboats, that portion of motor bus 
service operated on exclusive or controlled rights-of-way, and high-
occupancy-vehicle (HOV) lanes. Eligible applicants are the public 
transit authorities in those urbanized areas to which the funds are 
allocated. For more information about Fixed Guideway Modernization 
contact Scott Faulk, Office of Transit Programs, at (202) 366-2053.
1. FY 2009 Funding Availability
    The Continuing Appropriations Act, 2009, provides $675,257,000 to 
the Fixed Guideway Modernization Program. The total amount apportioned 
for the Fixed Guideway Modernization Program is $668,504,430, after the 
deduction for oversight, and addition of prior year reapportioned 
funds, as shown in the table below.

                  Fixed Guideway Modernization Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation...................................      $675,257,000
Oversight Deduction...................................        -6,752,570
                                                       -----------------
    Total Apportioned.................................       668,504,430
------------------------------------------------------------------------

The FY 2009 Fixed Guideway Modernization Program apportionments to 
eligible areas are displayed in Table 8.
2. Basis for Formula Apportionment
    The formula for allocating the Fixed Guideway Modernization funds 
contains seven tiers. The apportionment of funding under the first four 
tiers is based on amounts specified in law and NTD data used to 
apportion funds in FY 1997. Funding under the last three tiers is 
apportioned based on the latest available data on route miles and 
revenue vehicle miles on segments at least seven years old, as reported 
to the NTD. Section 5337(f) of title 49, U.S.C. provides for the 
inclusion of Morgantown, West Virginia (population 55,997) as an 
eligible UZA for purposes of apportioning fixed guideway modernization 
funds. Also, pursuant to 49 U.S.C. 5336(b) FTA used 60 percent of the 
directional route miles attributable to the Alaska Railroad passenger 
operations system to calculate the apportionment for the Anchorage, 
Alaska UZA under the Section 5309 Fixed Guideway Modernization formula.
    FY 2009 Formula apportionments are based on data grantees provided 
to the NTD for the 2007 reporting year. Table 9 provides additional 
information and details on the formula. Dollar unit values for the 
formula factors used in the Fixed Guideway Modernization Program are 
displayed in Table 5. To replicate an area's apportionment, multiply 
the dollar unit value by the appropriate formula factor, i.e., route 
miles and revenue vehicle miles.
3. Program Requirements
    Fixed Guideway Modernization funds must be used for capital 
projects to maintain, modernize, or improve fixed guideway systems. 
Eligible UZAs (those with a population of 200,000 or more) with fixed 
guideway systems that are at least seven years old are entitled to 
receive Fixed Guideway Modernization funds. A threshold level of more 
than one mile of fixed guideway is required in order to receive Fixed 
Guideway Modernization funds. Therefore, UZAs reporting one mile or 
less of fixed guideway mileage under the NTD are not included. However, 
funds apportioned to an urbanized area may be used on any fixed 
guideway segment in the UZA. Program guidance for Fixed Guideway 
Modernization is presently found in FTA Circular C9300.1B, Capital 
Facilities and Formula Grant Programs, dated November 1, 2008.
4. Period of Availability
    The funds apportioned in this notice under the Fixed Guideway 
Modernization Program remain available to be obligated by FTA to 
recipients during the year of appropriation plus three additional 
years. FY 2009 Fixed Guideway Modernization funds that remain 
unobligated at the close of business on September 30, 2012, will revert 
to FTA for reapportionment under the Fixed Guideway Modernization 
Program.

F. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-Related 
Facilities

    This program provides capital assistance for new and replacement 
buses, and related equipment and facilities. Funds are allocated on a 
discretionary basis. Eligible purposes are acquisition of buses for 
fleet and service expansion, bus maintenance and administrative 
facilities, transfer facilities, bus malls, transportation centers, 
intermodal terminals, park-and-ride stations, acquisition of 
replacement vehicles, bus rebuilds, bus preventive maintenance, 
passenger amenities such as passenger shelters and bus stop signs, 
accessory and miscellaneous equipment such as mobile radio units, 
supervisory vehicles, fare boxes, computers, and shop and garage 
equipment. Eligible applicants are State and local governmental 
authorities. Eligible subrecipients include other public agencies, 
private companies engaged in public transportation and private non-
profit organizations. For more information about Bus and Bus-Related 
Facilities contact Kimberly Sledge, Office of Transit Programs, at 
(202) 366-2053.
1. FY 2009 Funding Availability
    The Continuing Appropriations Act, 2009, provides $350,455,128 for 
the Bus and Bus-Related Facilities program. FTA will publish project 
allocations in a supplemental notice when all program funds have been 
made available.
    The SAFETEA-LU Technical Corrections Act of 2008 extended funds 
made available for FY 2006 SAFTETEA-LU projects number 176 and 652. 
Funds for these projects remain available until September 30, 2009 and 
are shown in Table 10.
2. Requirements
    FTA honors Congressional earmarks for the purpose designated, for 
purposes eligible under the program or under the expanded eligibility 
of a ``notwithstanding'' provision. Projects designated for funding in 
the report language accompanying the Consolidated Appropriations Act, 
2008, were incorporated as earmarks into the Act by reference. FTA will 
tre