Notice of Proposed Policy Statement for Eligible New Freedom Projects, 4284-4285 [E9-1412]
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4284
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
• A note of any special services
offered for those systems with higher
costs per passenger but more amenities.
Federal land management agencies
should send this information as part of
their fourth quarter report. Examples
can be found on the program Web site
at https://www.fta.dot.gov/Transit in
Parks Program.
All planning documents that result
from Transit in Parks Program funding
must be submitted to FTA within thirty
days. These should also be submitted to
Vanessa Williams.
D. Technical Assistance
FTA has established a technical
assistance program to assist participants
in planning, implementing, and
evaluating alternative transportation
projects. As part of FTA’s technical
assistance efforts, FTA is in the process
of establishing a National Alternative
Transportation Technical Assistance
Center which will carry out multiple
planning, research and technical
assistance initiatives. FTA anticipates
that the Center will be operational by
March 2009. For more information
regarding the Technical Assistance
Center, contact Julie Atkins, Office of
Planning and Environment, at 202–366–
4491, e-mail: Julie.atkins@dot.gov.
In addition, a limited number of
technical assistance visits are available
to assist potential project sponsors in
the initial stages of planning. Project
sponsors or potential project sponsors
may contact the relevant Federal land
management agency headquarters
contact (see ADDRESSES section) to
request technical assistance.
Issued in Washington, DC, this 14th day of
January, 2009.
Sherry E. Little,
Acting Administrator.
[FR Doc. E9–1258 Filed 1–22–09; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA–2009–0003]
Notice of Proposed Policy Statement
for Eligible New Freedom Projects
mstockstill on PROD1PC66 with NOTICES
AGENCY: Federal Transit Administration
(FTA), DOT.
ACTION: Notice.
SUMMARY: The Federal Transit
Administration (FTA) is proposing to
expand the type of projects it considers
to be ‘‘beyond the ADA’’ and thus
increase the types of projects eligible for
funding under the New Freedom
program. Under the proposed
VerDate Nov<24>2008
18:32 Jan 22, 2009
Jkt 217001
interpretation, new and expanded fixed
route and demand responsive transit
service designed to meet the needs of
individuals with disabilities would be
eligible projects.
DATES: FTA must receive all comments
by February 23, 2009. FTA will consider
late-filed comments to the extent
practicable.
To ensure your comments
are not entered more than once into the
Docket, please identify your
submissions with the following Docket
No. FTA–2009–0003. Please make your
submissions by only one of the
following means:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 1–202–493–2251.
U.S. Post or Express Mail: U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Ave., SE., Washington, DC 20590.
Hand Delivery: The West Building of
the U.S. Department of Transportation,
1200 New Jersey Ave., SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: You must include the
agency name (Federal Transit
Administration) and the Docket number
(FTA–2009–0003) at the beginning of
your comment. You should include two
copies of your comment if you submit
it by mail. If you wish to receive
confirmation that FTA received your
comment, you must include a selfaddressed stamped postcard. Note that
FTA will post all comments that it
receives, including any personal
information provided therein, without
change to https://www.regulations.gov.
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. Anyone submitting a comment
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 FURTHER INFORMATION CONTACT:
Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division,
Office of Chief Counsel, Federal Transit
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590, phone:
(202) 366–4011, fax: (202) 366–3809, or
e-mail, Bonnie.Graves@dot.gov; or
David Schneider, same address, (202)
493–0175, or e-mail,
David.Schneider@dot.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
Background
The New Freedom Program (49 U.S.C
5317) was established to fund capital
and operating expenses that support
new public transportation services and
public transportation alternatives
beyond those required by the Americans
with Disabilities Act (ADA), in order to
assist individuals with disabilities with
transportation, including transportation
to and from jobs and employment
support services.
When developing guidance for the
New Freedom program, FTA initially
proposed that ‘‘new public
transportation services’’ and ‘‘public
transportation alternatives beyond those
required by the ADA’’ be considered
separate categories of service. (See 71
FR 13456, Mar. 15, 2006). Subsequent to
this notice, FTA received feedback from
the Congressional authors of the New
Freedom program that projects that do
not meet both criteria—new and beyond
the ADA—are not eligible for funding.
FTA also determined that projects are
‘‘beyond the ADA’’ only if they allow a
recipient to exceed its obligations under
the ADA. For example, because the
ADA and its implementing regulations
at 49 CFR parts 37 and 38 provide very
specific minimum requirements for
complementary paratransit service
when an agency provides fixed route
service, New Freedom funds can be
used to expand the scope of ADA
complementary paratransit service
beyond the minimum requirements
stipulated in the ADA regulations at 49
CFR part 37. On the other hand, the
ADA does not require that a minimum
level of public transit service be
provided in any given area. Once
service is provided, however, it must be
ADA compliant, so FTA determined
that projects to establish or expand fixed
route or demand responsive service
would not result in an agency exceeding
its obligations under the ADA, and
therefore would not be eligible for New
Freedom funding. This interpretation
was conveyed in subsequent Federal
Register notices on the New Freedom
program (71 FR 52610, Sept. 6, 2006,
and 72 FR 14851, Mar. 29, 2007) and in
the Frequently Asked Questions
document on FTA’s website: https://
www.fta.dot.gov/funding/grants/
grants_financing_3549.html.
Over the past several months, grant
recipients have expressed concerns that
FTA’s interpretation of which projects
go ‘‘beyond the ADA’’ prevents agencies
in rural and small urbanized areas with
limited public transportation service
from using New Freedom funds to
provide new fixed route or demand
response service targeted to meet the
E:\FR\FM\23JAN1.SGM
23JAN1
4285
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
needs of people with disabilities.
Stakeholders argue that these types of
projects do go ‘‘beyond the ADA’’
because they represent transportation
services that are not required under the
Act or under the U.S. DOT ADA
implementing regulations.
Although stakeholders in areas with
limited public transportation service
can use New Freedom funds to
implement new alternatives to public
transportation, such as accessible taxis,
travel training, and mobility
management, many potential recipients
have informed FTA that their greatest
need is for new fixed route or demand
responsive transportation services for
people with disabilities.
Proposed FTA Policy
FTA proposes that new or expanded
fixed route service and new or
expanded demand response service
would be eligible for New Freedom
funding provided that:
(1) The service is identified in the
locally developed, coordinated public
transit-human services transportation
plan;
(2) The service is designed to meet the
needs of individuals with disabilities;
(3) The service removes barriers to
transportation and assists persons with
disabilities with transportation;
(4) The service was not operational on
August 10, 2005, and did not have an
identified funding source as of August
10, 2005, as evidenced by inclusion in
the Transportation Improvement
Program (TIP) or the State
Transportation Improvement Program
(STIP); and
(5) The service is not designed to
allow an agency to meet its obligations
under the ADA or the DOT ADA
implementing regulations at 49 CFR
parts 37 and 38.
This policy change retains the
existing requirement that services under
the program be ‘‘new’’ services and
adopts the interpretation voiced by
transportation providers that transit
services other than those that are
required to be implemented under the
ADA go ‘‘beyond the ADA.’’ Examples
of newly eligible projects would be
fixed route service extended to serve a
congregate living facility or a workplace
serving large numbers of individuals
with disabilities; new or expanded
demand responsive service, including
new hours or days of operation, or
increased geographic coverage, to meet
the needs of individuals with
disabilities. FTA encourages transit
providers to include the general public
in any service that is added, that is, that
providers not create new ‘‘silo’’
transportation that is limited to
individuals with disabilities. FTA also
notes that expanded fixed route service
may result in expanded ADA
complementary paratransit service;
since the ADA complementary
paratransit service is required under the
ADA, it would not be eligible for New
Freedom funding. All new or expanded
fixed route and demand responsive
services funded under the New Freedom
program will be subject to the
requirements of the ADA and DOT ADA
implementing regulations.
Issued in Washington, DC, this 15th day of
January 2009.
Severn E.S. Miller,
Acting Deputy Administrator.
[FR Doc. E9–1412 Filed 1–22–09; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Applications for Modification
of Special Permit
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of Applications for
Modification of Special Permit.
SUMMARY: In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR Part 107, Subpart
B), notice is hereby given that the Office
of Hazardous Materials Safety has
received the application described
herein. This notice is abbreviated to
expedite docketing and public notice.
Because the sections affected, modes of
transportation, and the nature of
application have been shown in earlier
Federal Register publications, they are
not repeated here. Request of
modifications of special permits (e.g. to
provide for additional hazardous
materials, packaging design changes,
additional mode of transportation, etc.)
are described in footnotes to the
application number. Application
numbers with the suffix ‘‘M’’ demote a
modification request. There applications
have been separated from the new
application for special permits to
facilitate processing.
DATES: Comments must be received on
or before February 9, 2009.
Address Comments to: Record Center,
Pipeline and Hazardous Materials Safety
Administration U.S. Department of
Transportation Washington, DC 20590.
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
comments is desired, include a selfaddressed stamped postcard showing
the special permit number.
FOR FURTHER INFORMATION CONTACT:
Copies of the applications are available
for inspection in the Records Center,
East Building, PHH–30, 1200 New
Jersey Avenue, Southeast, Washington,
DC or at https://dms.dot.gov.
This notice of receipt of applications
for modification of special permit is
published in accordance with Part 107
of the Federal hazardous materials
transportation law (49 U.S.C. 5117(b);
49 CFR 1.53(b)).
Issued in Washington, DC, on January 14,
2009.
Delmer F. Billings,
Director, Office of Hazardous Materials,
Special Permits and Approvals.
MODIFICATION SPECIAL PERMIT
Docket No.
10869–M .....
mstockstill on PROD1PC66 with NOTICES
Application
No.
Norris Cylinder Company,
Longview, TX.
49 CFR 173.301(b);
173.302(a)(5); 173.304(a);
175.3.
11646–M .....
Bioclean System & Supply,
Inc., Moundsview, MN.
49 CFR 173.28(b)(2);
173.150(f)(3)(vii).
VerDate Nov<24>2008
18:32 Jan 22, 2009
Jkt 217001
Applicant
PO 00000
Frm 00152
Fmt 4703
Regulation(s) affected
To modify the special permit
to authorize an increase of
2 inches to the length of the
cylinder.
To modify the special permit
to authorize an additional
Class 8 hazardous material
and an alternative method
of product transfer.
Sfmt 4703
E:\FR\FM\23JAN1.SGM
23JAN1
Nature of special
permit thereof
]]>Agencies
[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4284-4285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1412]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2009-0003]
Notice of Proposed Policy Statement for Eligible New Freedom
Projects
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) is proposing to
expand the type of projects it considers to be ``beyond the ADA'' and
thus increase the types of projects eligible for funding under the New
Freedom program. Under the proposed interpretation, new and expanded
fixed route and demand responsive transit service designed to meet the
needs of individuals with disabilities would be eligible projects.
DATES: FTA must receive all comments by February 23, 2009. FTA will
consider late-filed comments to the extent practicable.
ADDRESSES: To ensure your comments are not entered more than once into
the Docket, please identify your submissions with the following Docket
No. FTA-2009-0003. Please make your submissions by only one of the
following means:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
Fax: 1-202-493-2251.
U.S. Post or Express Mail: U.S. Department of Transportation,
Docket Operations, West Building Ground Floor, Room W12-140, 1200 New
Jersey Ave., SE., Washington, DC 20590.
Hand Delivery: The West Building of the U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Instructions: You must include the agency name (Federal Transit
Administration) and the Docket number (FTA-2009-0003) at the beginning
of your comment. You should include two copies of your comment if you
submit it by mail. If you wish to receive confirmation that FTA
received your comment, you must include a self-addressed stamped
postcard. Note that FTA will post all comments that it receives,
including any personal information provided therein, without change to
https://www.regulations.gov.
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. Anyone submitting a comment 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 FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division, Office of Chief Counsel, Federal
Transit Administration, 1200 New Jersey Ave., SE., Washington, DC
20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-mail,
Bonnie.Graves@dot.gov; or David Schneider, same address, (202) 493-
0175, or e-mail, David.Schneider@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
The New Freedom Program (49 U.S.C 5317) was established to fund
capital and operating expenses that support new public transportation
services and public transportation alternatives beyond those required
by the Americans with Disabilities Act (ADA), in order to assist
individuals with disabilities with transportation, including
transportation to and from jobs and employment support services.
When developing guidance for the New Freedom program, FTA initially
proposed that ``new public transportation services'' and ``public
transportation alternatives beyond those required by the ADA'' be
considered separate categories of service. (See 71 FR 13456, Mar. 15,
2006). Subsequent to this notice, FTA received feedback from the
Congressional authors of the New Freedom program that projects that do
not meet both criteria--new and beyond the ADA--are not eligible for
funding.
FTA also determined that projects are ``beyond the ADA'' only if
they allow a recipient to exceed its obligations under the ADA. For
example, because the ADA and its implementing regulations at 49 CFR
parts 37 and 38 provide very specific minimum requirements for
complementary paratransit service when an agency provides fixed route
service, New Freedom funds can be used to expand the scope of ADA
complementary paratransit service beyond the minimum requirements
stipulated in the ADA regulations at 49 CFR part 37. On the other hand,
the ADA does not require that a minimum level of public transit service
be provided in any given area. Once service is provided, however, it
must be ADA compliant, so FTA determined that projects to establish or
expand fixed route or demand responsive service would not result in an
agency exceeding its obligations under the ADA, and therefore would not
be eligible for New Freedom funding. This interpretation was conveyed
in subsequent Federal Register notices on the New Freedom program (71
FR 52610, Sept. 6, 2006, and 72 FR 14851, Mar. 29, 2007) and in the
Frequently Asked Questions document on FTA's website: https://
www.fta.dot.gov/funding/grants/grants_financing_3549.html.
Over the past several months, grant recipients have expressed
concerns that FTA's interpretation of which projects go ``beyond the
ADA'' prevents agencies in rural and small urbanized areas with limited
public transportation service from using New Freedom funds to provide
new fixed route or demand response service targeted to meet the
[[Page 4285]]
needs of people with disabilities. Stakeholders argue that these types
of projects do go ``beyond the ADA'' because they represent
transportation services that are not required under the Act or under
the U.S. DOT ADA implementing regulations.
Although stakeholders in areas with limited public transportation
service can use New Freedom funds to implement new alternatives to
public transportation, such as accessible taxis, travel training, and
mobility management, many potential recipients have informed FTA that
their greatest need is for new fixed route or demand responsive
transportation services for people with disabilities.
Proposed FTA Policy
FTA proposes that new or expanded fixed route service and new or
expanded demand response service would be eligible for New Freedom
funding provided that:
(1) The service is identified in the locally developed, coordinated
public transit-human services transportation plan;
(2) The service is designed to meet the needs of individuals with
disabilities;
(3) The service removes barriers to transportation and assists
persons with disabilities with transportation;
(4) The service was not operational on August 10, 2005, and did not
have an identified funding source as of August 10, 2005, as evidenced
by inclusion in the Transportation Improvement Program (TIP) or the
State Transportation Improvement Program (STIP); and
(5) The service is not designed to allow an agency to meet its
obligations under the ADA or the DOT ADA implementing regulations at 49
CFR parts 37 and 38.
This policy change retains the existing requirement that services
under the program be ``new'' services and adopts the interpretation
voiced by transportation providers that transit services other than
those that are required to be implemented under the ADA go ``beyond the
ADA.'' Examples of newly eligible projects would be fixed route service
extended to serve a congregate living facility or a workplace serving
large numbers of individuals with disabilities; new or expanded demand
responsive service, including new hours or days of operation, or
increased geographic coverage, to meet the needs of individuals with
disabilities. FTA encourages transit providers to include the general
public in any service that is added, that is, that providers not create
new ``silo'' transportation that is limited to individuals with
disabilities. FTA also notes that expanded fixed route service may
result in expanded ADA complementary paratransit service; since the ADA
complementary paratransit service is required under the ADA, it would
not be eligible for New Freedom funding. All new or expanded fixed
route and demand responsive services funded under the New Freedom
program will be subject to the requirements of the ADA and DOT ADA
implementing regulations.
Issued in Washington, DC, this 15th day of January 2009.
Severn E.S. Miller,
Acting Deputy Administrator.
[FR Doc. E9-1412 Filed 1-22-09; 8:45 am]
BILLING CODE 4910-57-P
