Federal Fiscal Year 2010 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements, 53544-53578 [E9-24922]
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49 CFR 387.9; and motor carrier of
passengers—49 CFR 387.33). FMCSA
and the public can verify that a motor
carrier of property or passengers has
obtained, and has in effect, the required
minimum levels of financial
responsibility, by use of the information
enclosed within these documents.
Title: Financial Responsibility for
Motor Carrier of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126–0008.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Insurance and surety
companies of motor carriers of property
(Forms MCS–90 and MCS–82) and
motor carriers of passengers (Forms
MCS–90B and MCS–82B).
Estimated Number of Respondents:
175,338.
Estimated Time per Response: The
FMCSA estimates it takes two minutes
to complete the Endorsement for Motor
Carrier Policies of Insurances for Public
Liability or three minutes for the Motor
Carrier Public Liability Surety Bond;
and one minute to place either
document on board the vehicle (foreigndomiciled motor carriers only) [49 CFR
387(f)]. These endorsements are
maintained at the motor carrier’s
principal place of business [49 CFR
387.7(iii)(d)].
Expiration Date: March 31, 2010.
Frequency of Response: Upon
creation, change or replacement of an
insurance policy or surety bond.
Estimated Total Annual Burden: 4,
056 burden hours [182 hours for
Passenger Carriers + 3,401 hours for
Property Carriers + 33 hours for
Property Carrier Surety Bonds) + 440
hours for placing financial
responsibility documents in Canadadomiciled and Mexico- and Non-North
America (NNA)-domiciled carriers].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
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Issued on: October 9, 2009.
David Anewalt,
Acting Associate Administrator, for Research
and Information Technology.
[FR Doc. E9–25071 Filed 10–16–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Federal Fiscal Year 2010 Annual List of
Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice.
SUMMARY: Pursuant to 49 U.S.C. 5323(n),
FTA is authorized to consolidate the
certifications and assurances required
by Federal law or regulations for its
programs into a single document. FTA
is also required by 49 U.S.C. 5323(n) to
publish a list of those certifications and
assurances annually.
Appendix A of this Notice contains
the comprehensive compilation of
FTA’s Certifications and Assurances for
Federal Fiscal Year (Federal FY) 2010
applicable to the various Federal
assistance programs that FTA will
administer during that Federal FY.
FTA’s Certifications and Assurances for
Federal FY 2010 reflect Federal
statutory, regulatory, and programmatic
changes that have now become effective.
DATES: Effective Date: These FTA
Certifications and Assurances are
effective on October 1, 2009, the first
day of Federal FY 2010.
FOR FURTHER INFORMATION CONTACT: FTA
staff in the appropriate FTA Regional
Office or FTA Metropolitan Office listed
below. For copies of other related
documents, see the FTA Web site at
https://www.fta.dot.gov or contact FTA’s
Office of Administration at 202–366–
4022.
Region 1: Boston
States served: Connecticut (bus only),
Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont. Telephone
# 617–494–2055.
Region 2: New York
States served: Connecticut (rail only),
New York, and New Jersey. Telephone
# 212–668–2170.
Region 3: Philadelphia
States served: Delaware, Maryland,
Pennsylvania, Virginia, and West
Virginia. Telephone # 215–656–7100.
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Region 4: Atlanta
States served: Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee,
Territories served: Puerto Rico and the
U.S. Virgin Islands. Telephone # 404–
865–5600.
Region 5: Chicago
States served: Illinois, Indiana,
Michigan, Minnesota, Ohio, and
Wisconsin. Telephone # 312–353–2789.
Region 6: Dallas/Ft. Worth
States served: Arkansas, Louisiana,
New Mexico, Oklahoma, and Texas.
Telephone # 817–978–0550.
Region 7: Kansas City
States served: Iowa, Kansas, Missouri,
and Nebraska. Telephone # 816–329–
3920.
Region 8: Denver
States served: Colorado, Montana,
North Dakota, South Dakota, Utah, and
Wyoming. Telephone # 720–963–3300.
Region 9: San Francisco
States served: Arizona, California,
Hawaii, Nevada, Territories served:
Guam, American Samoa, and the
Northern Mariana Islands. Telephone #
415–744–3133.
Region 10: Seattle
States served: Alaska, Idaho, Oregon,
and Washington. Telephone # 206–220–
7954.
Chicago Metropolitan Office
Area served: Chicago Metropolitan
Area. Telephone # 312–886–1616.
Los Angeles Metropolitan Office
Area served: Los Angeles
Metropolitan Area. Telephone # 213–
202–3950.
Lower Manhattan Recovery Office
Area served: Lower Manhattan.
Telephone # 212–668–1770.
New York Metropolitan Office
Area served: New York Metropolitan
Area. Telephone # 212–668–2201.
Philadelphia Metropolitan Office
Area served: Philadelphia
Metropolitan Area. Telephone # 215–
656–7070.
Washington DC Metropolitan Office
Area served: Washington DC
Metropolitan Area. Telephone # 202–
219–3562/219–3565.
SUPPLEMENTARY INFORMATION:
1. Purposes
The purposes of this Notice are to:
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• Publish FTA’s Federal FY 2010
Certifications and Assurances for
Applicants for Federal assistance
administered by FTA and the Projects
for which they seek Federal assistance.
• Highlight new changes to the FTA
Certifications and Assurances now in
effect.
• Identify locations where these FTA
Certifications and Assurances may be
viewed, and
• Provide directions for submitting
these FTA Certifications and
Assurances.
2. Background
a. FTA’s Responsibilities. Since
Federal FY 1995, FTA has been
consolidating the various certifications
and assurances that may be required of
its Applicants and their projects into a
single document for publication in the
Federal Register. FTA intends to
continue publishing this document
annually, when feasible in conjunction
with its publication of the FTA annual
apportionment notice, which sets forth
the allocations of funds made available
by the latest U.S. Department of
Transportation (U.S. DOT) annual
appropriations act. Because U.S. DOT’s
full-year appropriations for Federal FY
2010 were not signed into law on
October 1, 2010 (the first day of Federal
FY 2010), and have not yet been signed
into law, FTA is proceeding with
publication of its Certifications and
Assurances for FY 2010.
b. Applicant’s Responsibilities.
Irrespective of whether a project will be
financed under the authority of 49
U.S.C. chapter 53, Title 23, United
States Code, or another Federal statute,
the Applicant must submit Federal FY
2010 Certifications and Assurances to
FTA applicable to all projects for which
the Applicant seeks funding during
Federal FY 2010.
FTA requests that an Applicant
submit all of the twenty-four (24)
categories of the Certifications and
Assurances that may be needed for all
projects for which the Applicant intends
to or might seek Federal assistance in
the Federal FY 2010. Selecting and
submitting these Certifications and
Assurances to FTA signifies the
Applicant’s intent and ability to comply
with all applicable provisions thereof.
In order to assure FTA that the
Applicant is authorized under State and
local law to certify compliance with the
FTA Certifications and Assurances it
has selected, FTA requires the
Applicant to obtain a current (Federal
FY 2010) affirmation signed by the
Applicant’s attorney affirming the
Applicant’s legal authority to certify its
compliance with the FTA Certifications
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and Assurances that the Applicant has
selected. The Applicant’s attorney must
sign this affirmation during Federal FY
2010. Irrespective of whether the
Applicant makes a single selection of all
twenty-four (24) categories of FTA
Certifications and Assurances or selects
individual categories from the FTA
Certifications and Assurances, the
Affirmation of Applicant’s Attorney
from a previous Federal FY is not
acceptable, unless FTA expressly
determines otherwise in writing.
c. Effect of Subrecipient Participation.
Absent a written determination by FTA
to the contrary, the Applicant itself is
ultimately responsible for compliance
with the FTA Certifications and
Assurances it has selected even though
the Project may be carried out in whole
or in part by one or more subrecipients.
Thus, if subrecipients will be
participating in the Project, when the
Applicant submits its FTA Certifications
and Assurances, the Applicant is also
signifying that it will be responsible for
compliance, both of itself and of each of
its subrecipients, with the provisions of
the FTA Certifications and Assurances it
has selected. Therefore, in providing
Certifications and Assurances that
necessarily involve the compliance of
any prospective subrecipient, FTA
strongly recommends that the Applicant
take the appropriate measures,
including but not limited to obtaining
sufficient documentation from each
subrecipient participating in the project,
to assure the validity of the Applicant’s
Certifications and Assurances to FTA.
3. Significant Information About FTA’s
Certifications and Assurances for
Federal FY 2010
a. Legal Implications
(1) Binding Commitments. Because
the Applicant is required by Federal law
and regulations to comply with the
applicable provisions of all FTA
Certifications and Assurances it
submits, it is important that the
Applicant be familiar with the
provisions of all twenty-four (24)
categories of FTA Certifications and
Assurances for Federal FY 2010. The
text of those Certifications and
Assurances is contained in Appendix A
of this Notice, and also appears at
https://www.fta.dot.gov/documents/
2010-Certs-Appendix.A.pdf, and in
FTA’s electronic award and
management system, TEAM–Web,
https://ftateamweb.fta.dot.gov, at the
‘‘Cert’s & Assurances’’ tab of the ‘‘View/
Modify Recipients’’ page in the
‘‘Recipients’’ option. Provisions of this
Notice supersede conflicting statements
in any FTA circular containing a
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previous version of FTA’s annual
Certifications and Assurances. The
Certifications and Assurances contained
in those FTA circulars are merely
examples, and are not acceptable or
valid for Federal FY 2010.
An Applicant’s annual Certifications
and Assurances to FTA generally
remain in effect for either the duration
of the Grant or Cooperative Agreement
supporting the Project until the Project
is closed out or for the duration of the
Project or Project property when a
useful life or industry standard is in
effect, whichever occurs later. If,
however, the Applicant provides
Certifications and Assurances to FTA in
a later year that differ from the
Certifications and Assurances
previously provided, the later
Certifications and Assurances will apply
to the Grant, Cooperative Agreement,
Project, or Project property, except to
the extent FTA permits otherwise in
writing.
(2) Penalties for Noncompliance. If
the Applicant makes a false, fictitious,
or fraudulent claim, statement,
submission, certification, assurance, or
representation to the Federal
government or includes a false,
fictitious, or fraudulent statement or
representation in any agreement with
the Federal government in connection
with a Project authorized under 49
U.S.C. chapter 53 or any other Federal
law, the Federal government reserves
the right to impose on the Applicant the
penalties of the Program Fraud Civil
Remedies Act of 1986, as amended, 31
U.S.C. 3801 et seq., and implementing
U.S. DOT regulations, ‘‘Program Fraud
Civil Remedies,’’ 49 CFR part 31, or the
penalties of 49 U.S.C. 5323(l) invoking
the criminal provisions of 18 U.S.C.
1001, or other applicable Federal law to
the extent the Federal government
deems appropriate.
(3) FTA’s Certifications and
Assurances Constitute Only a Partial
List of Federal Requirements. FTA
cautions that the FTA Certifications and
Assurances required by Federal law and
regulations do not address all the
Federal requirements that will apply to
the Applicant and its Project. FTA’s
Certifications and Assurances are
generally pre-award requirements, i.e.,
those requirements of Federal law and
regulations the Applicant must fulfill
before FTA is legally authorized to
award Federal financial assistance to an
Applicant.
(4) Other Federal Requirements.
Because FTA’s Certifications and
Assurances do not encompass all
Federal requirements that will apply to
the Applicant and its Project, FTA
strongly encourages the Applicant to
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review the Federal authorizing
legislation, regulations, and directives
pertaining to the program or programs
for which the Applicant seeks Federal
assistance. The FTA Master Agreement
for Federal FY 2010 at https://
www.fta.dot.gov/documents/16Master.pdf identifies a substantial
number of those Federal laws,
regulations, and directives that apply to
Applicants and their various projects.
b. Importance of FTA’s Certifications
and Assurances for Federal FY 2010.
Following publication of these
Certifications and Assurances, FTA may
not award Federal financial assistance
through a Federal Grant or Cooperative
Agreement until the Applicant submits
all of the FTA Certifications and
Assurances for Federal FY 2010
pertaining to itself and its project as
required by Federal laws and
regulations. The Applicant’s
Certifications and Assurances for
Federal FY 2010 will be applicable to all
projects for which it seeks Federal
assistance during Federal FY 2010 and
through the next Federal FY until FTA
issues its annual Certifications and
Assurances for Federal FY 2011.
c. Federal FY 2010 Changes. Apart
from minor editorial revisions,
significant matters concerning FTA’s
Certifications and Assurances include
the following:
(1) In the Introductory paragraphs
preceding the text of FTA’s
Certifications and Assurances, the FTA
Web site for the FTA Master Agreement
for Federal FY 2010 is identified as
https://www.fta.dot.gov/documents/16Master.pdf.
(2) Certification (01)F.5(g) has been
revised to substitute a more specific
citation to the confidentiality provisions
of the Public Health Service Act of 1912,
as amended, in lieu of the general
citation to the Public Health Service Act
of 1912.
(3) The text of Certification (02),
‘‘Lobbying Certification,’’ has been
revised for consistency with terms used
in the Transportation Infrastructure
Finance and Innovation Act, 23 U.S.C.
chapter 6, and to add a reference to
OMB’s Standard Form-LLL, ‘‘Disclosure
of Lobbying Activities,’’ Rev. 7–97,
currently in use.
(4) The heading of Certification (23)
has been changed from ‘‘Infrastructure
Finance Projects’’ to ‘‘TIFIA Projects’’
for clarity. The acronym ‘‘TIFIA’’ has
thus been substituted for the term
‘‘Infrastructure Finance’’ where used
previously.
(5) Although the American Recovery
and Reinvestment Act of 2009, Public
Law 111–5, February 17, 2009
(‘‘Recovery Act’’) requires the
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submission of certain certifications, as a
condition of Recovery Act funding,
Recovery Act certifications are
submitted individually and separately
as required by that Act, rather than as
a part of FTA’s Annual Certifications
and Assurances. For that reason, we
have not added a new category for
annual Recovery Act certifications and
assurances.
d. When to Submit. All Applicants for
FTA formula program or capital
program assistance, and current FTA
Grantees with an active project financed
with FTA formula program or capital
program assistance, are expected to
provide their FTA Certifications and
Assurances for Federal FY 2010 within
90 days from the date of this publication
or as soon as feasible after their first
application for Federal assistance
authorized or made available for Federal
FY 2010, whichever is earlier. In
addition, FTA encourages Applicants
seeking Federal assistance for other
projects to submit their FTA
Certifications and Assurances to FTA as
soon as possible to expedite awards of
FTA assistance.
4. Ways To Submit FTA Certifications
and Assurances
As further explained, FTA will accept
an Applicant’s Certifications and
Assurances submitted either in TEAM–
Web at https://ftateamweb.fta.dot.gov, or
on paper containing the text set forth on
the Signature Page(s) of Appendix A of
this Notice. In order of preference, FTA
permits:
a. Electronic Submission in TeamWeb. An Applicant registered in TEAM–
Web must submit its FTA Certifications
and Assurances, as well as its
applications for Federal assistance in
TEAM–Web. FTA prefers that other
Applicants for Federal assistance submit
their FTA Certifications and Assurances
through TEAM–Web.
The TEAM–Web ‘‘Recipients’’ option
at the ‘‘Cert’s & Assurances’’ tab of the
‘‘View/Modify Recipients’’ page
contains fields for selecting among the
twenty-four (24) categories of FTA
Certifications and Assurances to be
submitted. There is also a field for
entering a single selection covering all
twenty-four (24) categories of FTA
Certifications and Assurances.
Within the ‘‘Cert’s & Assurances’’ tab
is a field for the Applicant’s authorized
representative to enter his or her
personal identification number (PIN),
which constitutes the Applicant’s
electronic signature for the FTA
Certifications and Assurances selected.
In addition, there is a field for the
Applicant’s attorney to enter his or her
PIN, affirming the Applicant’s legal
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authority to make and comply with the
FTA Certifications and Assurances the
Applicant has selected. The Applicant’s
authorized representative may enter his
or her PIN in lieu of the Attorney’s PIN,
provided that the Applicant has a
current Affirmation of Applicant’s
Attorney as set forth in Appendix A of
this Notice, written and signed by the
attorney in Federal FY 2010.
For more information, the Applicant
may contact the appropriate FTA
Regional Office or Metropolitan Office
listed in this Notice or the TEAM–Web
Helpdesk.
b. Paper Submission. Only if the
Applicant is unable to submit its FTA
Certifications and Assurances in
TEAM–Web may the Applicant submit
its FTA Certifications and Assurances
on paper.
If an Applicant is unable to submit its
FTA Certifications and Assurances
electronically, it must mark the
categories of FTA Certifications and
Assurances it is making on the
Signature Page(s) in Appendix A of this
Notice and submit them to FTA. The
Applicant may signify compliance with
all categories by placing a single mark
in the appropriate space or select the
categories applicable to itself and its
projects.
The Applicant must enter its
signature on the Signature Page(s) and
must provide an Affirmation of
Applicant’s Attorney pertaining to the
Applicant’s legal capacity to make and
comply with the Certifications and
Assurances the Applicant has selected.
The Applicant may enter its signature in
lieu of its Attorney’s signature in the
Affirmation of Applicant’s Attorney
section of the Signature Page(s),
provided that the Applicant has on file
the Affirmation of Applicant’s Attorney
as set forth in Appendix A of this
Notice, written and signed by the
attorney and dated in Federal FY 2010.
For more information, the Applicant
may contact the appropriate FTA
Regional Office or Metropolitan Office
listed in this Notice.
Authority. 49 U.S.C. chapter 53; the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), as amended by the
SAFETEA–LU Technical Corrections Act,
2008, Public Law 110–244, June 6, 2008;
Title 23, United States Code (Highways);
other Federal laws administered by FTA;
U.S. DOT and FTA regulations at Title 49,
Code of Federal Regulations; and FTA
Circulars.
Issued in Washington, DC, this 8th day of
October 2009.
Peter M. Rogoff,
Administrator.
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53578
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[FR Doc. E9–24922 Filed 10–16–09; 8:45 am]
BILLING CODE 4910–57–C
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0271]
Identification of Interstate Motor
Vehicles: New York City, Cook County
and New Jersey Tax Identification
Requirements; Petition for
Determination
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of Petition for
Determination; request for comments.
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SUMMARY: FMCSA is inviting all
interested persons to comment on three
petitions submitted by the American
Trucking Associations (ATA) requesting
determinations that the Commercial
Motor Vehicle (CMV) identification
requirements imposed by the State of
New Jersey, New York City, and Cook
County, Illinois are preempted by
Federal law. The Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
prohibits States and their political
subdivisions from requiring motor
carriers to display in or on CMVs any
form of identification other than forms
required by the Secretary of
Transportation, with certain exceptions.
FMCSA seeks comment on whether the
credential display requirements
described below are preempted or
whether they qualify for the relevant
exception codified at 49 U.S.C.
14506(b)(3).
DATES: Comments are due on or before
November 18, 2009.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Number in the
heading of this document by any of the
following methods. Do not submit the
same comments by more than one
method. However, to allow effective
public participation before the comment
period deadline, the Agency encourages
use of the Web site that is listed first.
It will provide the most efficient and
timely method of receiving and
processing your comments.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation,
VerDate Nov<24>2008
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Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• Hand Delivery: Ground floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., e.t., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this action. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Refer to
the Privacy Act heading on https://
www.regulations.gov for further
information.
Public Participation: The
regulations.gov system is generally
available 24 hours each day, 365 days
each year. You can find electronic
submission and retrieval help and
guidelines under the ‘‘Help’’ section of
the Web site. For notification that
FMCSA received the comments, please
include a self-addressed, stamped
envelope or postcard, or print the
acknowledgement page that appears
after submitting comments on line.
Copies or abstracts of all documents
referenced in this notice are in the
docket: FMCSA–2009–0271. For access
to the docket to read background
documents or comments received, go to
https://www.regulations.gov at any time
or to Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. All
comments received before the close of
business on the comment closing date
indicated above will be considered and
will be available for examination in the
docket at the above address. Comments
received after the closing date will be
considered to the extent practicable.
FMCSA may, however, issue a final
determination at any time after the close
of the comment period. In addition to
late comments, FMCSA will also
continue to file in the public docket
relevant information that becomes
available after the comment closing
date. Interested persons should monitor
the public docket for new material.
FOR FURTHER INFORMATION CONTACT:
Genevieve D. Sapir, Office of the Chief
Counsel, Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
(202) 366–7056; e-mail
Genevieve.Sapir@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
New Jersey’s Tax Code requires all
motor carriers hauling, transporting, or
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delivering fuel to display a Motor Fuel
Transport License Plate and annual
Transport License Certificate. This
requirement applies to all motor carriers
hauling, transporting, or delivering fuel
in New Jersey regardless of their State
of domicile or registration. New Jersey
Statutes Annotated § 54:39–41 and
§ 54:39–53.
New York City’s Administrative Code
requires CMVs used principally in the
city or used principally in connection
with a business carried on within the
city to pay a tax and display a stamp.
The requirement appears to apply
whether or not the CMV is registered to
an address in New York City.1
Cook County’s Code of Ordinances
requires motor vehicle owners residing
within the unincorporated area of Cook
County to: (a) Display a window sticker
showing payment of fees; and (b) paint
business vehicle identification
information on their vehicles. Article
XIV of chapter 74 of the Cook County
Code of Ordinances is referred to as the
‘‘Cook County Wheel Tax on Motor
Vehicles Ordinance,’’ and was amended
most recently on March 4, 2009.
Section 4306 of SAFETEA–LU,
codified at 49 U.S.C. 14506(a), prohibits
States from requiring motor carriers to
display in or on CMVs any form of
identification other than forms required
by the Secretary of Transportation.
However, § 14506(b)(3) provides, in
part, that ‘‘a State may continue to
require display of credentials that are
required * * * under a State law
regarding motor vehicle license plates or
other displays that the Secretary
determines are appropriate.’’ This
authority has been delegated to FMCSA
by 49 CFR 1.73 (a)(7). FMCSA believes
that Congress intended to limit the
exception at § 14506(b)(3) to two
categories of requirements. The first
includes identification requirements
related to motor vehicle license plates.
The second includes any other
identification displays that the Secretary
of Transportation approves.
FMCSA seeks comment on whether
the referenced identification display
requirements are preempted by Federal
law. Specifically, the Agency seeks
comment on: (1) Whether New Jersey’s,
New York City’s, and/or Cook County’s
credential display requirements qualify
as identification requirements related to
motor vehicle license plates; and/or (2)
whether there is any other reason
FMCSA should consider approving
these requirements under 49 U.S.C.
1 Chapter 8 of Title 11 of the New York City
Administrative Code Tax on Commercial Motor
Vehicles and Motor Vehicles for Transportation of
Passengers.
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]]>Agencies
[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53544-53578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24922]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Federal Fiscal Year 2010 Annual List of Certifications and
Assurances for Federal Transit Administration Grants and Cooperative
Agreements
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to 49 U.S.C. 5323(n), FTA is authorized to
consolidate the certifications and assurances required by Federal law
or regulations for its programs into a single document. FTA is also
required by 49 U.S.C. 5323(n) to publish a list of those certifications
and assurances annually.
Appendix A of this Notice contains the comprehensive compilation of
FTA's Certifications and Assurances for Federal Fiscal Year (Federal
FY) 2010 applicable to the various Federal assistance programs that FTA
will administer during that Federal FY. FTA's Certifications and
Assurances for Federal FY 2010 reflect Federal statutory, regulatory,
and programmatic changes that have now become effective.
DATES: Effective Date: These FTA Certifications and Assurances are
effective on October 1, 2009, the first day of Federal FY 2010.
FOR FURTHER INFORMATION CONTACT: FTA staff in the appropriate FTA
Regional Office or FTA Metropolitan Office listed below. For copies of
other related documents, see the FTA Web site at https://www.fta.dot.gov
or contact FTA's Office of Administration at 202-366-4022.
Region 1: Boston
States served: Connecticut (bus only), Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont. Telephone 617-494-2055.
Region 2: New York
States served: Connecticut (rail only), New York, and New Jersey.
Telephone 212-668-2170.
Region 3: Philadelphia
States served: Delaware, Maryland, Pennsylvania, Virginia, and West
Virginia. Telephone 215-656-7100.
Region 4: Atlanta
States served: Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, Tennessee, Territories served: Puerto
Rico and the U.S. Virgin Islands. Telephone 404-865-5600.
Region 5: Chicago
States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin. Telephone 312-353-2789.
Region 6: Dallas/Ft. Worth
States served: Arkansas, Louisiana, New Mexico, Oklahoma, and
Texas. Telephone 817-978-0550.
Region 7: Kansas City
States served: Iowa, Kansas, Missouri, and Nebraska. Telephone
816-329-3920.
Region 8: Denver
States served: Colorado, Montana, North Dakota, South Dakota, Utah,
and Wyoming. Telephone 720-963-3300.
Region 9: San Francisco
States served: Arizona, California, Hawaii, Nevada, Territories
served: Guam, American Samoa, and the Northern Mariana Islands.
Telephone 415-744-3133.
Region 10: Seattle
States served: Alaska, Idaho, Oregon, and Washington. Telephone
206-220-7954.
Chicago Metropolitan Office
Area served: Chicago Metropolitan Area. Telephone 312-
886-1616.
Los Angeles Metropolitan Office
Area served: Los Angeles Metropolitan Area. Telephone
213-202-3950.
Lower Manhattan Recovery Office
Area served: Lower Manhattan. Telephone 212-668-1770.
New York Metropolitan Office
Area served: New York Metropolitan Area. Telephone 212-
668-2201.
Philadelphia Metropolitan Office
Area served: Philadelphia Metropolitan Area. Telephone
215-656-7070.
Washington DC Metropolitan Office
Area served: Washington DC Metropolitan Area. Telephone
202-219-3562/219-3565.
SUPPLEMENTARY INFORMATION:
1. Purposes
The purposes of this Notice are to:
[[Page 53545]]
Publish FTA's Federal FY 2010 Certifications and
Assurances for Applicants for Federal assistance administered by FTA
and the Projects for which they seek Federal assistance.
Highlight new changes to the FTA Certifications and
Assurances now in effect.
Identify locations where these FTA Certifications and
Assurances may be viewed, and
Provide directions for submitting these FTA Certifications
and Assurances.
2. Background
a. FTA's Responsibilities. Since Federal FY 1995, FTA has been
consolidating the various certifications and assurances that may be
required of its Applicants and their projects into a single document
for publication in the Federal Register. FTA intends to continue
publishing this document annually, when feasible in conjunction with
its publication of the FTA annual apportionment notice, which sets
forth the allocations of funds made available by the latest U.S.
Department of Transportation (U.S. DOT) annual appropriations act.
Because U.S. DOT's full-year appropriations for Federal FY 2010 were
not signed into law on October 1, 2010 (the first day of Federal FY
2010), and have not yet been signed into law, FTA is proceeding with
publication of its Certifications and Assurances for FY 2010.
b. Applicant's Responsibilities. Irrespective of whether a project
will be financed under the authority of 49 U.S.C. chapter 53, Title 23,
United States Code, or another Federal statute, the Applicant must
submit Federal FY 2010 Certifications and Assurances to FTA applicable
to all projects for which the Applicant seeks funding during Federal FY
2010.
FTA requests that an Applicant submit all of the twenty-four (24)
categories of the Certifications and Assurances that may be needed for
all projects for which the Applicant intends to or might seek Federal
assistance in the Federal FY 2010. Selecting and submitting these
Certifications and Assurances to FTA signifies the Applicant's intent
and ability to comply with all applicable provisions thereof.
In order to assure FTA that the Applicant is authorized under State
and local law to certify compliance with the FTA Certifications and
Assurances it has selected, FTA requires the Applicant to obtain a
current (Federal FY 2010) affirmation signed by the Applicant's
attorney affirming the Applicant's legal authority to certify its
compliance with the FTA Certifications and Assurances that the
Applicant has selected. The Applicant's attorney must sign this
affirmation during Federal FY 2010. Irrespective of whether the
Applicant makes a single selection of all twenty-four (24) categories
of FTA Certifications and Assurances or selects individual categories
from the FTA Certifications and Assurances, the Affirmation of
Applicant's Attorney from a previous Federal FY is not acceptable,
unless FTA expressly determines otherwise in writing.
c. Effect of Subrecipient Participation. Absent a written
determination by FTA to the contrary, the Applicant itself is
ultimately responsible for compliance with the FTA Certifications and
Assurances it has selected even though the Project may be carried out
in whole or in part by one or more subrecipients. Thus, if
subrecipients will be participating in the Project, when the Applicant
submits its FTA Certifications and Assurances, the Applicant is also
signifying that it will be responsible for compliance, both of itself
and of each of its subrecipients, with the provisions of the FTA
Certifications and Assurances it has selected. Therefore, in providing
Certifications and Assurances that necessarily involve the compliance
of any prospective subrecipient, FTA strongly recommends that the
Applicant take the appropriate measures, including but not limited to
obtaining sufficient documentation from each subrecipient participating
in the project, to assure the validity of the Applicant's
Certifications and Assurances to FTA.
3. Significant Information About FTA's Certifications and Assurances
for Federal FY 2010
a. Legal Implications
(1) Binding Commitments. Because the Applicant is required by
Federal law and regulations to comply with the applicable provisions of
all FTA Certifications and Assurances it submits, it is important that
the Applicant be familiar with the provisions of all twenty-four (24)
categories of FTA Certifications and Assurances for Federal FY 2010.
The text of those Certifications and Assurances is contained in
Appendix A of this Notice, and also appears at https://www.fta.dot.gov/documents/2010-Certs-Appendix.A.pdf, and in FTA's electronic award and
management system, TEAM-Web, https://ftateamweb.fta.dot.gov, at the
``Cert's & Assurances'' tab of the ``View/Modify Recipients'' page in
the ``Recipients'' option. Provisions of this Notice supersede
conflicting statements in any FTA circular containing a previous
version of FTA's annual Certifications and Assurances. The
Certifications and Assurances contained in those FTA circulars are
merely examples, and are not acceptable or valid for Federal FY 2010.
An Applicant's annual Certifications and Assurances to FTA
generally remain in effect for either the duration of the Grant or
Cooperative Agreement supporting the Project until the Project is
closed out or for the duration of the Project or Project property when
a useful life or industry standard is in effect, whichever occurs
later. If, however, the Applicant provides Certifications and
Assurances to FTA in a later year that differ from the Certifications
and Assurances previously provided, the later Certifications and
Assurances will apply to the Grant, Cooperative Agreement, Project, or
Project property, except to the extent FTA permits otherwise in
writing.
(2) Penalties for Noncompliance. If the Applicant makes a false,
fictitious, or fraudulent claim, statement, submission, certification,
assurance, or representation to the Federal government or includes a
false, fictitious, or fraudulent statement or representation in any
agreement with the Federal government in connection with a Project
authorized under 49 U.S.C. chapter 53 or any other Federal law, the
Federal government reserves the right to impose on the Applicant the
penalties of the Program Fraud Civil Remedies Act of 1986, as amended,
31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations,
``Program Fraud Civil Remedies,'' 49 CFR part 31, or the penalties of
49 U.S.C. 5323(l) invoking the criminal provisions of 18 U.S.C. 1001,
or other applicable Federal law to the extent the Federal government
deems appropriate.
(3) FTA's Certifications and Assurances Constitute Only a Partial
List of Federal Requirements. FTA cautions that the FTA Certifications
and Assurances required by Federal law and regulations do not address
all the Federal requirements that will apply to the Applicant and its
Project. FTA's Certifications and Assurances are generally pre-award
requirements, i.e., those requirements of Federal law and regulations
the Applicant must fulfill before FTA is legally authorized to award
Federal financial assistance to an Applicant.
(4) Other Federal Requirements. Because FTA's Certifications and
Assurances do not encompass all Federal requirements that will apply to
the Applicant and its Project, FTA strongly encourages the Applicant to
[[Page 53546]]
review the Federal authorizing legislation, regulations, and directives
pertaining to the program or programs for which the Applicant seeks
Federal assistance. The FTA Master Agreement for Federal FY 2010 at
https://www.fta.dot.gov/documents/16-Master.pdf identifies a substantial
number of those Federal laws, regulations, and directives that apply to
Applicants and their various projects.
b. Importance of FTA's Certifications and Assurances for Federal FY
2010. Following publication of these Certifications and Assurances, FTA
may not award Federal financial assistance through a Federal Grant or
Cooperative Agreement until the Applicant submits all of the FTA
Certifications and Assurances for Federal FY 2010 pertaining to itself
and its project as required by Federal laws and regulations. The
Applicant's Certifications and Assurances for Federal FY 2010 will be
applicable to all projects for which it seeks Federal assistance during
Federal FY 2010 and through the next Federal FY until FTA issues its
annual Certifications and Assurances for Federal FY 2011.
c. Federal FY 2010 Changes. Apart from minor editorial revisions,
significant matters concerning FTA's Certifications and Assurances
include the following:
(1) In the Introductory paragraphs preceding the text of FTA's
Certifications and Assurances, the FTA Web site for the FTA Master
Agreement for Federal FY 2010 is identified as https://www.fta.dot.gov/documents/16-Master.pdf.
(2) Certification (01)F.5(g) has been revised to substitute a more
specific citation to the confidentiality provisions of the Public
Health Service Act of 1912, as amended, in lieu of the general citation
to the Public Health Service Act of 1912.
(3) The text of Certification (02), ``Lobbying Certification,'' has
been revised for consistency with terms used in the Transportation
Infrastructure Finance and Innovation Act, 23 U.S.C. chapter 6, and to
add a reference to OMB's Standard Form-LLL, ``Disclosure of Lobbying
Activities,'' Rev. 7-97, currently in use.
(4) The heading of Certification (23) has been changed from
``Infrastructure Finance Projects'' to ``TIFIA Projects'' for clarity.
The acronym ``TIFIA'' has thus been substituted for the term
``Infrastructure Finance'' where used previously.
(5) Although the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, February 17, 2009 (``Recovery Act'') requires the
submission of certain certifications, as a condition of Recovery Act
funding, Recovery Act certifications are submitted individually and
separately as required by that Act, rather than as a part of FTA's
Annual Certifications and Assurances. For that reason, we have not
added a new category for annual Recovery Act certifications and
assurances.
d. When to Submit. All Applicants for FTA formula program or
capital program assistance, and current FTA Grantees with an active
project financed with FTA formula program or capital program
assistance, are expected to provide their FTA Certifications and
Assurances for Federal FY 2010 within 90 days from the date of this
publication or as soon as feasible after their first application for
Federal assistance authorized or made available for Federal FY 2010,
whichever is earlier. In addition, FTA encourages Applicants seeking
Federal assistance for other projects to submit their FTA
Certifications and Assurances to FTA as soon as possible to expedite
awards of FTA assistance.
4. Ways To Submit FTA Certifications and Assurances
As further explained, FTA will accept an Applicant's Certifications
and Assurances submitted either in TEAM-Web at https://ftateamweb.fta.dot.gov, or on paper containing the text set forth on
the Signature Page(s) of Appendix A of this Notice. In order of
preference, FTA permits:
a. Electronic Submission in Team-Web. An Applicant registered in
TEAM-Web must submit its FTA Certifications and Assurances, as well as
its applications for Federal assistance in TEAM-Web. FTA prefers that
other Applicants for Federal assistance submit their FTA Certifications
and Assurances through TEAM-Web.
The TEAM-Web ``Recipients'' option at the ``Cert's & Assurances''
tab of the ``View/Modify Recipients'' page contains fields for
selecting among the twenty-four (24) categories of FTA Certifications
and Assurances to be submitted. There is also a field for entering a
single selection covering all twenty-four (24) categories of FTA
Certifications and Assurances.
Within the ``Cert's & Assurances'' tab is a field for the
Applicant's authorized representative to enter his or her personal
identification number (PIN), which constitutes the Applicant's
electronic signature for the FTA Certifications and Assurances
selected. In addition, there is a field for the Applicant's attorney to
enter his or her PIN, affirming the Applicant's legal authority to make
and comply with the FTA Certifications and Assurances the Applicant has
selected. The Applicant's authorized representative may enter his or
her PIN in lieu of the Attorney's PIN, provided that the Applicant has
a current Affirmation of Applicant's Attorney as set forth in Appendix
A of this Notice, written and signed by the attorney in Federal FY
2010.
For more information, the Applicant may contact the appropriate FTA
Regional Office or Metropolitan Office listed in this Notice or the
TEAM-Web Helpdesk.
b. Paper Submission. Only if the Applicant is unable to submit its
FTA Certifications and Assurances in TEAM-Web may the Applicant submit
its FTA Certifications and Assurances on paper.
If an Applicant is unable to submit its FTA Certifications and
Assurances electronically, it must mark the categories of FTA
Certifications and Assurances it is making on the Signature Page(s) in
Appendix A of this Notice and submit them to FTA. The Applicant may
signify compliance with all categories by placing a single mark in the
appropriate space or select the categories applicable to itself and its
projects.
The Applicant must enter its signature on the Signature Page(s) and
must provide an Affirmation of Applicant's Attorney pertaining to the
Applicant's legal capacity to make and comply with the Certifications
and Assurances the Applicant has selected. The Applicant may enter its
signature in lieu of its Attorney's signature in the Affirmation of
Applicant's Attorney section of the Signature Page(s), provided that
the Applicant has on file the Affirmation of Applicant's Attorney as
set forth in Appendix A of this Notice, written and signed by the
attorney and dated in Federal FY 2010.
For more information, the Applicant may contact the appropriate FTA
Regional Office or Metropolitan Office listed in this Notice.
Authority. 49 U.S.C. chapter 53; the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU), as amended by the SAFETEA-LU Technical Corrections
Act, 2008, Public Law 110-244, June 6, 2008; Title 23, United States
Code (Highways); other Federal laws administered by FTA; U.S. DOT
and FTA regulations at Title 49, Code of Federal Regulations; and
FTA Circulars.
Issued in Washington, DC, this 8th day of October 2009.
Peter M. Rogoff,
Administrator.
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[FR Doc. E9-24922 Filed 10-16-09; 8:45 am]
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