Section 5309 Bus and Bus Facilities Livability Initiative Program Grants, 64984-64989 [E9-29242]

Download as PDF 64984 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices DEPARTMENT OF TRANSPORTATION Federal Transit Administration Section 5309 Bus and Bus Facilities Livability Initiative Program Grants srobinson on DSKHWCL6B1PROD with NOTICES2 AGENCY: Federal Transit Administration (FTA), DOT. Discretionary Bus and Bus Facilities Program. ACTION: Notice of Availability of FTA Bus and Bus Facilities Livability Initiative Program Funds: Solicitation of Project Proposals. SUMMARY: The Federal Transit Administration (FTA) announces the availability of discretionary Section 5309 Bus and Bus Facilities grant funds in support of the Department of Transportation’s Livability Initiative (‘‘Livability Bus Program’’). The Livability Bus program will be funded using $150 million in unallocated Discretionary Bus and Bus Facilities Program funds, authorized by 49 U.S.C. 5309(b) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA–LU), Public Law 109–59, August 10, 2005. FTA may use additional Bus and Bus Facilities funding that becomes available for discretionary allocation to further support this initiative. The Livability Bus Program makes funds available to public transit providers to finance capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private non-profit organizations. This notice includes priorities established by FTA for these discretionary funds, the criteria FTA will use to identify meritorious projects for funding, and describes how to apply. This announcement is available on the FTA Web site at: http:// www.fta.dot.gov. FTA will announce final selections on the Web site and in the Federal Register. A synopsis of this announcement will be posted in the FIND module of the government-wide electronic grants Web site at http:// www.grants.gov. Proposals may be submitted to FTA electronically at buslivability@dot.gov or through the GRANTS.GOV APPLY function. Those who apply via e-mail at buslivability@dot.gov should receive a confirmation e-mail within two business days. DATES: Complete proposals for the discretionary Bus Livability Program VerDate Nov<24>2008 17:10 Dec 07, 2009 Jkt 220001 grants must be submitted by February 8, 2010. The proposals must be submitted electronically through the GRANTS.GOV Web site or via e-mail at buslivability@dot.gov. Anyone intending to apply electronically through GRANTS.GOV should initiate the process of registering on the GRANTS.GOV site immediately to ensure completion of registration before the deadline for submission. ADDRESSES: Proposals may be submitted to FTA electronically at buslivability@dot.gov or through the GRANTS.GOV APPLY function. Those who apply via e-mail at buslivability@dot.gov should receive a confirmation e-mail within 2 business days. FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional Administrator (Appendix) for proposalspecific information and issues. For general program information, contact Kimberly Sledge, Office of Transit Programs, (202) 366–2053, e-mail: kimberly.sledge@dot.gov or Henrika Buchanan-Smith, (202)366–4020, email: henrika.buchanan-smith@dot.gov. A TDD is available at 1–800–877–8339 (TDD/FIRS). SUPPLEMENTARY INFORMATION: Table of Contents I. Funding Opportunity Description II. Award Information III. Eligibility Information IV. Application and Submission Information V. Application Review, Selection, and Notification VI. Award Administration VII. Agency Contacts Appendix FTA Regional Offices I. Funding Opportunity Description A. Authority The program is authorized under 49 U.S.C. Section 5309(b) as amended by Section 3011 of SAFETEA–LU. ‘‘The Secretary may make grants under this section to assist State and local governmental authorities in financing—* * * (3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private non-profit organizations.’’ B. Background FTA has long fostered livable communities and sustainable development through its various transit programs and activities. Public transportation supports the development of communities, providing effective and reliable transportation PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 alternatives that increase access to jobs, health and social services, entertainment, educational opportunities, and other activities of daily life, while also improving mobility within and among these communities. Through various initiatives and legislative changes over the last fifteen years, FTA has allowed and encouraged projects that help integrate transit into a community through neighborhood improvements and enhancements to transit facilities or services, or make improvements to areas adjacent to public transit facilities that may facilitate mobility demands of transit users or support other infrastructure investments that enhance the use of transit for the community. On June 16, 2009, U.S. Department of Transportation (DOT) Secretary Ray LaHood, U.S. Department of Housing and Urban Development (HUD) Secretary Shaun Donovan, and U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson announced a new partnership to help American families in all communities—rural, suburban and urban—gain better access to affordable housing, more transportation options, and lower transportation costs. DOT, HUD, and EPA created a highlevel interagency partnership to better coordinate federal transportation, environmental protection, and housing investments. The Livability Bus Program funding will be awarded to projects that demonstrate these livability principles (see Section of this Preamble C.). Approximately $150 million in unallocated Section 5309 Bus and Bus Facilities Program funds are available under this notice. By using these available funds, FTA and DOT can support tangible livability improvements within existing programs while demonstrating the feasibility and value of such improvements. These demonstrations can provide a sound basis for advancing greater investments in the future. In addition, the program builds on the momentum generated by the American Recovery and Reinvestment Act 2009 and can help inform Administration and Congressional decision makers on guidance needs for reauthorization. C. Purpose Improving mobility and shaping America’s future by ensuring that the transportation system is accessible, integrated, and efficient, while offering flexibility of choices is a key strategic goal of the DOT. FTA is committed to creating livable communities that improve the quality of life for all E:\FR\FM\08DEN2.SGM 08DEN2 srobinson on DSKHWCL6B1PROD with NOTICES2 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices Americans. Public transportation provides transportation options that connects communities and fosters sustainability and the development of urban and rural land use. Through the Livability Bus Program grants, FTA will invest in projects that fulfill the six livability principles that serve as the foundation for the DOT-HUD-EPA Partnership for Sustainable Communities: 1. Provide more transportation choices: Develop safe, reliable, and economical transportation choices to decrease household transportation costs, reduce our nation’s dependence on foreign oil, improve air quality, reduce greenhouse gas emissions and promote public health. 2. Promote equitable, affordable housing: Expand location- and energyefficient housing choices for people of all ages, incomes, races and ethnicities to increase mobility and lower the combined cost of housing and transportation. 3. Enhance economic competitiveness: Improve economic competitiveness through reliable and timely access to employment centers, educational opportunities, services and other basic needs by workers as well as expanded business access to markets. 4. Support existing communities: Target federal funding toward existing communities—through such strategies as transit-oriented, mixed-use development and land recycling—to increase community revitalization, improve the efficiency of public works investments, and safeguard rural landscapes. 5. Coordinate policies and leverage investment: Align policies and funding to remove barriers to collaboration, leverage funding and increase the accountability and effectiveness of all levels of government to plan for future growth, including making smart energy choices such as locally generated renewable energy. 6. Value communities and neighborhoods: Enhance the unique characteristics of all communities by investing in healthy, safe and walkable neighborhoods—rural, urban or suburban. FTA will evaluate proposals and assess a project’s ability to advance local economic development goals, improve mobility for all citizens, create partnerships that result in the integration of transportation and landuse decision making and result in environmental benefits. Additionally, many rural areas are fighting to preserve their way of life by limiting urban sprawl and protecting valuable agricultural lands. Often these VerDate Nov<24>2008 17:10 Dec 07, 2009 Jkt 220001 communities have seen jobs and businesses leave for larger communities and need assistance preserving and reinvigorating the traditional rural town center where locals can find the grocery, doctor, hardware store, family restaurant and town hall in easy walking distance from one another. FTA is committed to funding a mix of projects that include projects that demonstrate livability principles in rural areas including projects that provide access to jobs, medical services and other necessities in rural areas and that support the independence of the elderly and individuals with disabilities. II. Award Information Federal transit funds are available to State or Local governmental authorities as recipients and other public transportation providers as subrecipients at up to 80 percent of the project cost requiring a 20% local match. There is no floor or upper limit for any single grant under this program; however, FTA intends to fund as many meritorious projects as possible. Consistent with 49 U.S.C. 5309(m)(8), the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities of applicants in its award of Livability Bus grants. And, in addition, FTA will consider geographical diversity in making final funding decisions. Eligibility Information A. Eligible Applicants Eligible applicants under this program are Direct Recipients under the Section 5307 Urbanized Area Formula program, States, and Indian Tribes. Proposals for funding eligible projects in rural (nonurbanized) areas must be submitted as part of a consolidated State application with the exception of nonurbanized projects to Indian Tribes. Tribes, States, and Direct Recipients may also submit consolidated proposals for projects in urbanized areas. Proposals may contain projects to be implemented by the Recipient or its subrecipients. Eligible subrecipients include public agencies, private nonprofit organizations, and private providers engaged in public transportation. B. Eligible Expenses SAFETEA–LU grants authority to the Secretary to make grants to assist State and local governmental authorities in financing capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct busrelated facilities, including programs of PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 64985 bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private non-profit organizations. Projects eligible for funding under the Livability Bus program are capital projects such as: Purchase and rehabilitation of buses and vans, bus related equipment (including ITS, fare equipment, communication devices), construction and rehabilitation of bus-related facilities (including administrative, maintenance, transfer, and intermodal facilities, including facilities consistent with FTA’s Joint Development policy which is available at http:// www.fta.dot.gov. Funds made available under this program may not be used to fund operating expenses, preventive maintenance, or any of the other expanded capital eligibility items (for example, security drills, debt service reserve, mobility management.) Funds also may not be used to reimburse projects that have incurred previous expenses absent evidence that FTA had issued a Letter of No Prejudice (LONP) for the project before the costs being incurred. There is no blanket pre-award authority for projects to be funded under this announcement before their identification in the Federal Register of selected projects. C. Cost Sharing Costs will be shared at the following ratio: 80 Percent FTA/20 Percent local contribution, unless the grantee requests a lower Federal share. FTA will not approve deferred local share under this program. IV. Application and Submission Information A. Proposal Submission Process Project proposals must be submitted electronically through http:// www.grants.gov or by e-mail electronically at buslivability@dot.gov. Submission via the bus livability e-mail is preferred. Mail and fax submissions will not be accepted except for supplemental information that cannot be sent electronically. An applicant may propose a project that would take more than one year to complete, which includes expending a single year of Livability Bus program grant funds over multiple years. The project would, however, need to be ready to begin upon receiving a grant and need to be completed in a reasonable period of time, as evaluated on a case by case basis. In sum, the period of performance of the award is E:\FR\FM\08DEN2.SGM 08DEN2 64986 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices separate from the year of funds of the award. B. Application Content 1. Applicant Information This provides basic sponsor identifying information, including: (a) Applicant name, and FTA recipient ID number, (b) Contact information for notification of project selection (including contact name, title, address, e-mail, fax and phone number, (c) description of services provided by the agency including areas served, (d) existing fleet and employee information, and (e) a description of the agency’s technical, legal, and financial capacity to implement the proposed project. For applicants applying through GRANTS.GOV, some of this information is included in Standard Form 424. or submitted electronically through the GRANTS.GOV Web site by the same date. Applicants planning to apply through GRANTS.GOV are encouraged to begin the process of registration on the GRANTS.GOV site well in advance of the submission deadline. Registration is a multi-step process, which may take several weeks to complete before an application can be submitted. FTA will announce grant selections when the competitive selection process is complete. D. Funding Restrictions Only proposals from eligible recipients for eligible activities will be considered for funding (see Section III of this Preamble). Due to funding limitations, applicants that are selected for funding may receive less than the amount originally requested. srobinson on DSKHWCL6B1PROD with NOTICES2 2. Project Information E. Other Submission Requirements Every proposal must: a. Describe the project to be funded and include with the proposal any applicable supporting documentation, such as: Information on the age of the current fleet, age of facility to be rehabilitated or replaced, the Metropolitan Planning Organization (MPO) concurrence letters, population forecasts, ridership information, etc. b. Address each of the evaluation criteria separately, providing evidence that demonstrates how the project responds to each criterion. c. Provide a line item budget for the project, with enough detail to describe the various key components of the project. d. Provide the Federal amount requested. e. Document the matching funds, including amount and source of the match, demonstrating strong local and private sector financial participation in the project. Provide support documentation including audited financial statements, bond-ratings, and documents supporting the commitment of non-federal funding to the project, or a timeframe upon which those commitments would be made. f. Provide a project time-line, including significant milestones such as the date anticipated to issue a Request for Proposals for vehicles, or contract for purchase of vehicle(s), and actual or expected delivery date of vehicles, or notice of request for proposal and notice to proceed for capital construction/ rehabilitation projects. Applicants should submit 3 copies of any supplemental information that cannot be submitted electronically to the appropriate regional office. Supplemental information submitted in hardcopy must be postmarked by February 8, 2010. C. Submission Dates and Times Complete proposals for the Bus Livability Program must be submitted to buslivability@dot.gov February 8, 2010 VerDate Nov<24>2008 17:10 Dec 07, 2009 Jkt 220001 V. Application Review, Selection, and Notification A. Project Evaluation Criteria Projects will be evaluated according to the following criteria. Each applicant is encouraged to demonstrate the responsiveness of a project to any and all of the selection criteria with the most relevant information that the applicant can provide, regardless of whether such information has been specifically requested, or identified, in this notice. FTA will assess the extent to which a project addresses the criteria below and produces a livability or sustainability outcome. 1. Demonstrated Need for Resources: FTA will evaluate each project to determine its need for resources. This determination will be made by examining the proposal to determine if: a. The project represents a one-time or periodic need that cannot reasonably be funded from FTA program formula allocations or State and/or local revenues. b. The project or applicant did not receive sufficient Federal funding in previous years. c. The project will have a significant impact on service delivery. 2. Planning and prioritization at local/ regional level: FTA will examine each Bus Livability project proposal for consistency with the areas planning documents and local priorities. This PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 examination will involve assessing whether: a. The project is consistent with the transit priorities identified in the long range plan and/or contingency/ illustrative projects. b. The MPO endorses the project, if in a UZA, and the State, if for a rural area. c. Local support is demonstrated by availability of local match for this and/ or related projects and letters of support. d. Capital projects are consistent with service needs of the area. Example: Vehicle expansion proposal shows evidence of the need for additional capacity. e. If the project is multimodal in nature, the proposal demonstrates coordination with and support of other transportation modes and partners. 3. Livability: Livability investments are projects that deliver not only transportation benefits, but also are designed and planned in such a way that they have a positive impact on qualitative measures of community life. This element delivers benefits that are inherently difficult to measure. However, it is implicit to livability that its benefits are shared and therefore magnified by the number of potential users in the affected community. Therefore, descriptions of how projects enhance livability should include a description of the affected community and the scale of the project’s impact. To determine whether a project improves the quality of the living and working environment of a community, FTA will qualitatively assess whether the project: a. Will significantly enhance user mobility through the creation of more convenient transportation options for travelers; b. The degree to which the proposed project contributes significantly to broader traveler mobility through intermodal connections, or improved connections between residential and commercial areas. c. Will improve existing transportation choices by enhancing points of modal connectivity or, in urban areas, by reducing congestion on existing transit systems or roadways. d. Will improve accessibility and transport services for economically disadvantaged populations, non-drivers, senior citizens, and persons with disabilities. e. Is the result of a planning process which coordinated transportation and land-use planning decisions and encouraged community participation in the process. 4. Sustainability: In order to determine whether a project promotes a more environmentally sustainable transportation system, i.e., reducing E:\FR\FM\08DEN2.SGM 08DEN2 srobinson on DSKHWCL6B1PROD with NOTICES2 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices reliance on automobile travel, improving the pedestrian and walk environment of a community, use of environmental design techniques in the planning, construction, and operation of the project, FTA will assess the project’s ability to: a. Improve energy efficiency or reduce energy consumption/green house gas emissions; applicants are encouraged to provide information regarding the expected use of clean or alternative sources of energy; projects that demonstrate a projected decrease in the movement of people by less energyefficient vehicles or systems will be given priority under this factor; and b. Maintain, protect or enhance the environment, as evidenced by environmentally friendly policies and practices utilized in the project design, construction, and operation that exceed the requirements of the National Environmental Policy Act including items such as whether the project uses a Leadership in Energy and Environmental Design (LEED)-certified design, the vehicles or facilities are rated with the energy-star, the project re-uses a brownfield, construction equipment is retrofitted with catalytic converters, the project utilizes recycled materials, the project includes elements to conserve energy, such as passive solar heating, solar panels, wind turbines, reflective roofing or paving materials, or other advanced environmental design elements such as a green roof, etc. 5. Leveraging of public and private investments. a. Jurisdictional and Stakeholder Collaboration: To measure a project’s alignment with this criterion, FTA will assess the project’s involvement of nonFederal entities and the use of nonFederal funds, including the scope of involvement and share of total funding. FTA will give priority to projects that receive financial commitments from, or otherwise involve, State and local governments, other public entities, or private or nonprofit entities, including projects that engage parties that are not traditionally involved in transportation projects, such as nonprofit community groups or the private owners of real property abutting the project. FTA will assess the amount of co-investment from State, local or other non-profit sources. b. Disciplinary Integration: To demonstrate the value of partnerships across government agencies that serve the various public service missions and to promote collaboration on the objectives outlined in this notice, FTA will give priority to projects that are supported, financially or otherwise, by non-transportation public agencies that are pursuing similar objectives. For VerDate Nov<24>2008 17:10 Dec 07, 2009 Jkt 220001 example, FTA will give priority to transportation projects that are supported by relevant public housing or human service agencies, or transportation projects that encourage energy efficiency or improve the environment and are supported by relevant public agencies with energy or environmental missions. 6. The project is ready to implement. a. Any required environmental work has been initiated for construction projects requiring an Environmental Assessment (EA), Environmental Impact Statement (EIS), or documented Categorical Exclusion (CE). b. Implementation plans are ready, including initial design of facilities projects. c. TIP/STIP can be amended (evidenced by MPO/State endorsement). d. Local share is in place. e. Project can be obligated and implemented quickly if selected. f. The applicant demonstrates the ability to carry out the proposed project successfully. Note: Applicants must have basic technical, legal, and financial capacity as a precondition of grant award. Since proposals are limited to existing FTA grantees, applicants are assumed to have that basic capacity. This criterion refers to implementation of the particular project proposed. a. For larger capital projects, the applicant has the technical capacity to administer the project. b. For fleet replacement and/or expansion, the acquisition is consistent with the bus fleet management plan. c. For fleet expansion, the applicant has the operating funds to support the expanded service. d. There are no outstanding legal, technical or financial issues with the grantee that would bring the feasibility of successful project completion into question. e. Source of 20% local match is identified and is available for prompt project implementation if selected (no deferred local share will be allowed). f. The grantee is in fundable status for grant making purpose. B. Review and Selection Process Proposals will first be screened and ranked by the appropriate FTA regional office (see Appendix). Following this initial review, meritorious proposals will be submitted for a national review process and coordinated with representatives of HUD and EPA. Proposals will be screened and ranked based on the criteria in this notice by FTA headquarters staff in consultation with the appropriate FTA regional office (see Appendix), and coordinated with PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 64987 representatives of HUD and EPA. Highly qualified projects will be considered for inclusion in a national list of projects that addresses the identified priorities and represents the highest and best use of the available funding. As mentioned earlier in this Preamble, the Administrator will also take into consideration geographical diversity in his final decision. The FTA Administrator will determine the final selection and amount of funding for each project. Selected projects will be announced in early 2010. FTA will publish the list of all selected projects and funding levels in the Federal Register. Regional offices will also notify successful applicants of their success and the amount of funding awarded to the project. VI. Award Administration A. Award Notices FTA will announce project selections in a Federal Register Notice and will post the Federal Register Notices on the Web. FTA regional offices will contact successful applicants. FTA will award grants for the selected projects to the applicant through the FTA electronic grants management and award system, TEAM, after receipt of a complete application in TEAM. These grants will be administered and managed by the FTA regional offices in accordance with the federal requirements of the Section 5309 bus program. At the time the project selections are announced, FTA will extend pre-award authority for the selected projects. There is no blanket pre-award authority for these projects prior to announcement. B. Administrative and National Policy Requirements 1. Grant Requirements If selected, applicants will apply for a grant through TEAM and adhere to the customary FTA grant requirements of the Section 5309 Bus and Bus Facilities program, including those of FTA C 9300.1A Circular and C 5010.1C and S. 5333(b) labor protections. Discretionary grants greater than $500,000 will go through Congressional Notification and release process. Technical assistance regarding these requirements is available from each FTA regional office. 2. Planning Applicants are encouraged to notify the appropriate State Departments of Transportation and MPO in areas likely to be served by the project funds made available under this program. Incorporation of funded projects in the long range plans and transportation improvement programs of States and E:\FR\FM\08DEN2.SGM 08DEN2 64988 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices metropolitan areas is required of all funded projects. 3. Standard Assurances The Applicant assures that it will comply with all applicable Federal statutes, regulations, executive orders, FTA circulars, and other Federal administrative requirements in carrying out any project supported by the FTA grant. The Applicant acknowledges that it is under a continuing obligation to comply with the terms and conditions of the grant agreement issued for its project with FTA. The Applicant understands that Federal laws, regulations, policies, and administrative practices might be modified from time to time and affect the implementation of the project. The Applicant agrees that the most recent Federal requirements will apply to the project, unless FTA issues a written determination otherwise. The Applicant must submit the Certifications and Assurances before receiving a grant if it does not have current certifications on file. C. Reporting Post-award reporting requirements include submission of Financial Status Reports and Milestone reports in TEAM on a quarterly basis for all projects. Documentation is required for payment. In addition, grants which include innovative technologies may be required to report on the performance of these technologies. VII. Agency Contacts Contact the appropriate FTA Regional Administrator (see Appendix) for proposal-specific information and issues. For general program information, contact Henrika Buchanan-Smith or Kimberly Sledge, Office of Transit Programs, (202) 366–2053, e-mail: henrika.buchanan-smith@dot.gov; kimberly.sledge@dot.gov. A TDD is available at 1–800–877–8339 (TDD/ FIRS). Issued in Washington, DC, this 3rd day of December 2009. Peter M. Rogoff, Administrator. APPENDIX A—FTA REGIONAL AND METROPOLITAN OFFICES Richard H. Doyle Regional Administrator Region 1—Boston Kendall Square 55 Broadway, Suite 920 Cambridge, MA 02142–1093 Tel. 617 494–2055 States served: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Robert C. Patrick Regional Administrator Region 6—Ft. Worth 819 Taylor Street, Room 8A36 Ft. Worth, TX 76102 Tel. 817 978–0550 Brigid Hynes-Cherin Regional Administrator Region 2—New York One Bowling Green, Room 429 New York, NY 10004–1415 Tel. No. 212 668–2170 States served: New Jersey, New York. Mokhtee Ahmad Regional Administrator Region 7—Kansas City, MO 901 Locust Street, Room 404 Kansas City, MO 64106 Tel. 816 329–3920 States served: Iowa, Kansas, Missouri, and Nebraska. Letitia Thompson Regional Administrator Region 3—Philadelphia 1760 Market Street, Suite 500 Philadelphia, PA 19103–4124 Tel. 215 656–7100 States served: Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and District of Columbia. Terry Rosapep Regional Administrator Region 8—Denver 12300 West Dakota Ave., Suite 310 Lakewood, CO 80228–2583 Tel. 720–963–3300 States served: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. Yvette Taylor Regional Administrator Region 4—Atlanta 230 Peachtree Street, NW Suite 800 Atlanta, GA 30303 Tel. 404 562–3500 Leslie T. Rogers Regional Administrator Region 9—San Francisco 201 Mission Street, Suite 1650 San Francisco, CA 94105–1926 Tel. 415 744–3133 States served: American Samoa, Arizona, California, Guam, Hawaii, Nevada, and the Northern Mariana Islands. States served: Arkansas, Louisiana, Oklahoma, New Mexico and Texas. srobinson on DSKHWCL6B1PROD with NOTICES2 States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Islands. Marisol Simon Regional Administrator Region 5—Chicago 200 West Adams Street, Suite 320 Chicago, IL 60606 Tel. 312 353–2789 States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. VerDate Nov<24>2008 17:10 Dec 07, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4701 Rick Krochalis Regional Administrator Region 10—Seattle Jackson Federal Building 915 Second Avenue, Suite 3142 Seattle, WA 98174–1002 Tel. 206 220–7954 States served: Alaska, Idaho, Oregon, and Washington. Sfmt 4703 E:\FR\FM\08DEN2.SGM 08DEN2 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices 64989 APPENDIX A—FTA REGIONAL AND METROPOLITAN OFFICES—Continued New York Metropolitan Office Region 2—New York One Bowling Green, Room 428 New York, NY 10004–1415 Tel. 212–668–2202 Chicago Metropolitan Office Region 5—Chicago 200 West Adams Street, Suite 320 Chicago, IL 60606 Tel. 312–353–2789 Philadelphia Metropolitan Office Region 3—Philadelphia 1760 Market Street, Suite 500 Philadelphia, PA 19103–4124 Tel. 215–656–7070 Los Angeles Metropolitan Office Region 9—Los Angeles 888 S. Figueroa Street, Suite 1850 Los Angeles, CA 90017–1850 Tel. 213–202–3952 [FR Doc. E9–29242 Filed 12–3–09; 4:15 pm] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Exempt Discretionary Program Grants (Section 5309) for Urban Circulator Systems srobinson on DSKHWCL6B1PROD with NOTICES2 AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of Availability of FTA Urban Circulator Funds; Solicitation of Project Proposals. SUMMARY: The Federal Transit Administration (FTA) announces the availability of Section 5309 funds for exempt discretionary grants for Urban Circulator Systems which support the Department of Transportation Livability Initiative. The Urban Circulator program will be funded using $130 million in unallocated Discretionary New Starts/ Small Starts Program funds, authorized by 49 U.S.C. 5309(a) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA–LU), Public Law 109– 59, August 10, 2005. FTA may use additional Section 5309(a) Discretionary funding that becomes available for allocation to further support this initiative. This notice invites proposals for urban circulator projects seeking less than $25,000,000 in Federal Section 5309 assistance that would compete for Section 5309 discretionary funds authorized by 49 U.S.C. 5309(a). The Secretary may make grants under 5309(a) to assist State and local governmental authorities in financing new fixed guideway capital projects including the acquisition of real property, the initial acquisition of rolling stock for the systems, the acquisition of rights-of-way, and relocation. This notice includes priorities established by FTA for these discretionary funds, the criteria FTA will use to identify meritorious projects for funding, and describes how to apply. VerDate Nov<24>2008 17:10 Dec 07, 2009 Jkt 220001 This announcement is available on the FTA Web site at: http:// www.fta.dot.gov. FTA will announce final selections on the Web site and in the Federal Register. A synopsis of this announcement will be posted in the FIND module of the government-wide electronic grants Web site at http:// www.grants.gov. Proposals may be submitted to FTA electronically at UrbanCirculator@dot.gov or through the GRANTS.GOV APPLY function. Those who apply via e-mail at UrbanCirculator@dot.gov should receive a confirmation e-mail within 2 business days. DATES: Complete proposals for the discretionary program grants for urban circulator systems must be submitted by February 8, 2010. The proposals must be submitted electronically through the GRANTS.GOV Web site or via e-mail at UrbanCirculator@dot.gov. Anyone intending to apply electronically through GRANTS.GOV should initiate the process of registering on the GRANTS.GOV site immediately to ensure completion of registration before the deadline for submission. ADDRESSES: Proposals may be submitted to FTA electronically at UrbanCirculator@dot.gov or through the GRANTS.GOV APPLY function. Those who apply via e-mail at UrbanCirculator@dot.gov should receive a confirmation e-mail within 2 business days. FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional Administrator (Appendix) for proposalspecific information and issues. For general program information, contact Elizabeth Day, (202) 366–5159, e-mail: Elizabeth.Day@ dot.gov in the FTA Office of Planning and Environment, Office of Project Planning. A TDD is available at 1–800–877–8339 (TDD/ FIRS). SUPPLEMENTARY INFORMATION: Table of Contents I. Funding Opportunity Description II. Award Information III. Eligibility Information PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 IV. Application and Submission Information V. Application Review, Selection, and Notification VI. Award Administration VII. Agency Contacts Appendix FTA Regional Offices I. Funding Opportunity Description A. Authority The program is authorized under 49 U.S.C. 5309(a) as amended by section 3011 of SAFETEA–LU. The Secretary may make grants under this section to assist State and local governmental authorities in financing new fixed guideway capital projects, including the acquisition of real property, the initial acquisition of rolling stock for the systems, the acquisition of rights-ofway, and relocation. Consistent with Section 5309(e)(1)(B), projects receiving less than $25,000,000 in Federal assistance with respect to a new fixed guideway capital project are considered exempt from certain requirements of the program, until a final regulation issued under paragraph (9) of this subsection takes effect. B. Background FTA has long fostered livable communities and sustainable transit development through its various programs and activities. Public transportation supports the development of communities, providing effective and reliable transportation alternatives that increase access to jobs, health and social services, entertainment, educational opportunities, and other activities of daily life, while also improving mobility within and among these communities. Through various initiatives and legislative changes over the last fifteen years, FTA has allowed and encouraged projects that help integrate transit into a community through neighborhood improvements and enhancements to transit facilities or services, or make improvements to areas adjacent to public transit facilities that may ease the transportation needs of transit users or support other infrastructure investments E:\FR\FM\08DEN2.SGM 08DEN2

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[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64984-64989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29242]



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Section 5309 Bus and Bus Facilities Livability Initiative Program 
Grants; Exempt Discretionary Program Grants (Section 5309) for Urban 
Circulator Systems; Notices

Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / 
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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Section 5309 Bus and Bus Facilities Livability Initiative Program 
Grants

AGENCY: Federal Transit Administration (FTA), DOT. Discretionary Bus 
and Bus Facilities Program.

ACTION: Notice of Availability of FTA Bus and Bus Facilities Livability 
Initiative Program Funds: Solicitation of Project Proposals.

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SUMMARY: The Federal Transit Administration (FTA) announces the 
availability of discretionary Section 5309 Bus and Bus Facilities grant 
funds in support of the Department of Transportation's Livability 
Initiative (``Livability Bus Program''). The Livability Bus program 
will be funded using $150 million in unallocated Discretionary Bus and 
Bus Facilities Program funds, authorized by 49 U.S.C. 5309(b) of the 
Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A 
Legacy For Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. FTA 
may use additional Bus and Bus Facilities funding that becomes 
available for discretionary allocation to further support this 
initiative.
    The Livability Bus Program makes funds available to public transit 
providers to finance capital projects to replace, rehabilitate, and 
purchase buses and related equipment and to construct bus-related 
facilities, including programs of bus and bus-related projects for 
assistance to subrecipients that are public agencies, private companies 
engaged in public transportation, or private non-profit organizations. 
This notice includes priorities established by FTA for these 
discretionary funds, the criteria FTA will use to identify meritorious 
projects for funding, and describes how to apply.
    This announcement is available on the FTA Web site at: http://www.fta.dot.gov. FTA will announce final selections on the Web site and 
in the Federal Register. A synopsis of this announcement will be posted 
in the FIND module of the government-wide electronic grants Web site at 
http://www.grants.gov. Proposals may be submitted to FTA electronically 
at buslivability@dot.gov or through the GRANTS.GOV APPLY function. 
Those who apply via e-mail at buslivability@dot.gov should receive a 
confirmation e-mail within two business days.

DATES: Complete proposals for the discretionary Bus Livability Program 
grants must be submitted by February 8, 2010. The proposals must be 
submitted electronically through the GRANTS.GOV Web site or via e-mail 
at buslivability@dot.gov. Anyone intending to apply electronically 
through GRANTS.GOV should initiate the process of registering on the 
GRANTS.GOV site immediately to ensure completion of registration before 
the deadline for submission.

ADDRESSES: Proposals may be submitted to FTA electronically at 
buslivability@dot.gov or through the GRANTS.GOV APPLY function. Those 
who apply via e-mail at buslivability@dot.gov should receive a 
confirmation e-mail within 2 business days.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Administrator (Appendix) for proposal-specific information and issues. 
For general program information, contact Kimberly Sledge, Office of 
Transit Programs, (202) 366-2053, e-mail: kimberly.sledge@dot.gov or 
Henrika Buchanan-Smith, (202)366-4020, e-mail: henrika.buchanan-smith@dot.gov. A TDD is available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review, Selection, and Notification
VI. Award Administration
VII. Agency Contacts
Appendix FTA Regional Offices

I. Funding Opportunity Description

A. Authority

    The program is authorized under 49 U.S.C. Section 5309(b) as 
amended by Section 3011 of SAFETEA-LU.

    ``The Secretary may make grants under this section to assist 
State and local governmental authorities in financing--* * *
    (3) capital projects to replace, rehabilitate, and purchase 
buses and related equipment and to construct bus-related facilities, 
including programs of bus and bus-related projects for assistance to 
subrecipients that are public agencies, private companies engaged in 
public transportation, or private non-profit organizations.''

B. Background

    FTA has long fostered livable communities and sustainable 
development through its various transit programs and activities. Public 
transportation supports the development of communities, providing 
effective and reliable transportation alternatives that increase access 
to jobs, health and social services, entertainment, educational 
opportunities, and other activities of daily life, while also improving 
mobility within and among these communities. Through various 
initiatives and legislative changes over the last fifteen years, FTA 
has allowed and encouraged projects that help integrate transit into a 
community through neighborhood improvements and enhancements to transit 
facilities or services, or make improvements to areas adjacent to 
public transit facilities that may facilitate mobility demands of 
transit users or support other infrastructure investments that enhance 
the use of transit for the community.
    On June 16, 2009, U.S. Department of Transportation (DOT) Secretary 
Ray LaHood, U.S. Department of Housing and Urban Development (HUD) 
Secretary Shaun Donovan, and U.S. Environmental Protection Agency (EPA) 
Administrator Lisa Jackson announced a new partnership to help American 
families in all communities--rural, suburban and urban--gain better 
access to affordable housing, more transportation options, and lower 
transportation costs.
    DOT, HUD, and EPA created a high-level interagency partnership to 
better coordinate federal transportation, environmental protection, and 
housing investments. The Livability Bus Program funding will be awarded 
to projects that demonstrate these livability principles (see Section 
of this Preamble C.).
    Approximately $150 million in unallocated Section 5309 Bus and Bus 
Facilities Program funds are available under this notice. By using 
these available funds, FTA and DOT can support tangible livability 
improvements within existing programs while demonstrating the 
feasibility and value of such improvements. These demonstrations can 
provide a sound basis for advancing greater investments in the future. 
In addition, the program builds on the momentum generated by the 
American Recovery and Reinvestment Act 2009 and can help inform 
Administration and Congressional decision makers on guidance needs for 
reauthorization.

C. Purpose

    Improving mobility and shaping America's future by ensuring that 
the transportation system is accessible, integrated, and efficient, 
while offering flexibility of choices is a key strategic goal of the 
DOT. FTA is committed to creating livable communities that improve the 
quality of life for all

[[Page 64985]]

Americans. Public transportation provides transportation options that 
connects communities and fosters sustainability and the development of 
urban and rural land use. Through the Livability Bus Program grants, 
FTA will invest in projects that fulfill the six livability principles 
that serve as the foundation for the DOT-HUD-EPA Partnership for 
Sustainable Communities:
    1. Provide more transportation choices: Develop safe, reliable, and 
economical transportation choices to decrease household transportation 
costs, reduce our nation's dependence on foreign oil, improve air 
quality, reduce greenhouse gas emissions and promote public health.
    2. Promote equitable, affordable housing: Expand location- and 
energy-efficient housing choices for people of all ages, incomes, races 
and ethnicities to increase mobility and lower the combined cost of 
housing and transportation.
    3. Enhance economic competitiveness: Improve economic 
competitiveness through reliable and timely access to employment 
centers, educational opportunities, services and other basic needs by 
workers as well as expanded business access to markets.
    4. Support existing communities: Target federal funding toward 
existing communities--through such strategies as transit-oriented, 
mixed-use development and land recycling--to increase community 
revitalization, improve the efficiency of public works investments, and 
safeguard rural landscapes.
    5. Coordinate policies and leverage investment: Align policies and 
funding to remove barriers to collaboration, leverage funding and 
increase the accountability and effectiveness of all levels of 
government to plan for future growth, including making smart energy 
choices such as locally generated renewable energy.
    6. Value communities and neighborhoods: Enhance the unique 
characteristics of all communities by investing in healthy, safe and 
walkable neighborhoods--rural, urban or suburban.
    FTA will evaluate proposals and assess a project's ability to 
advance local economic development goals, improve mobility for all 
citizens, create partnerships that result in the integration of 
transportation and land-use decision making and result in environmental 
benefits. Additionally, many rural areas are fighting to preserve their 
way of life by limiting urban sprawl and protecting valuable 
agricultural lands. Often these communities have seen jobs and 
businesses leave for larger communities and need assistance preserving 
and reinvigorating the traditional rural town center where locals can 
find the grocery, doctor, hardware store, family restaurant and town 
hall in easy walking distance from one another. FTA is committed to 
funding a mix of projects that include projects that demonstrate 
livability principles in rural areas including projects that provide 
access to jobs, medical services and other necessities in rural areas 
and that support the independence of the elderly and individuals with 
disabilities.

 II. Award Information

    Federal transit funds are available to State or Local governmental 
authorities as recipients and other public transportation providers as 
subrecipients at up to 80 percent of the project cost requiring a 20% 
local match. There is no floor or upper limit for any single grant 
under this program; however, FTA intends to fund as many meritorious 
projects as possible.
    Consistent with 49 U.S.C. 5309(m)(8), the Secretary shall consider 
the age and condition of buses, bus fleets, related equipment, and bus-
related facilities of applicants in its award of Livability Bus grants. 
And, in addition, FTA will consider geographical diversity in making 
final funding decisions.

Eligibility Information

A. Eligible Applicants
    Eligible applicants under this program are Direct Recipients under 
the Section 5307 Urbanized Area Formula program, States, and Indian 
Tribes. Proposals for funding eligible projects in rural (nonurbanized) 
areas must be submitted as part of a consolidated State application 
with the exception of nonurbanized projects to Indian Tribes. Tribes, 
States, and Direct Recipients may also submit consolidated proposals 
for projects in urbanized areas.
    Proposals may contain projects to be implemented by the Recipient 
or its subrecipients. Eligible subrecipients include public agencies, 
private non-profit organizations, and private providers engaged in 
public transportation.
B. Eligible Expenses
    SAFETEA-LU grants authority to the Secretary to make grants to 
assist State and local governmental authorities in financing capital 
projects to replace, rehabilitate, and purchase buses and related 
equipment and to construct bus-related facilities, including programs 
of bus and bus-related projects for assistance to subrecipients that 
are public agencies, private companies engaged in public 
transportation, or private non-profit organizations.
    Projects eligible for funding under the Livability Bus program are 
capital projects such as:
    Purchase and rehabilitation of buses and vans, bus related 
equipment (including ITS, fare equipment, communication devices), 
construction and rehabilitation of bus-related facilities (including 
administrative, maintenance, transfer, and intermodal facilities, 
including facilities consistent with FTA's Joint Development policy 
which is available at http://www.fta.dot.gov.
    Funds made available under this program may not be used to fund 
operating expenses, preventive maintenance, or any of the other 
expanded capital eligibility items (for example, security drills, debt 
service reserve, mobility management.) Funds also may not be used to 
reimburse projects that have incurred previous expenses absent evidence 
that FTA had issued a Letter of No Prejudice (LONP) for the project 
before the costs being incurred. There is no blanket pre-award 
authority for projects to be funded under this announcement before 
their identification in the Federal Register of selected projects.
C. Cost Sharing
    Costs will be shared at the following ratio: 80 Percent FTA/20 
Percent local contribution, unless the grantee requests a lower Federal 
share. FTA will not approve deferred local share under this program.

IV. Application and Submission Information

A. Proposal Submission Process

    Project proposals must be submitted electronically through http://www.grants.gov or by e-mail electronically at buslivability@dot.gov. 
Submission via the bus livability e-mail is preferred. Mail and fax 
submissions will not be accepted except for supplemental information 
that cannot be sent electronically.
    An applicant may propose a project that would take more than one 
year to complete, which includes expending a single year of Livability 
Bus program grant funds over multiple years. The project would, 
however, need to be ready to begin upon receiving a grant and need to 
be completed in a reasonable period of time, as evaluated on a case by 
case basis. In sum, the period of performance of the award is

[[Page 64986]]

separate from the year of funds of the award.

B. Application Content

1. Applicant Information
    This provides basic sponsor identifying information, including: (a) 
Applicant name, and FTA recipient ID number, (b) Contact information 
for notification of project selection (including contact name, title, 
address, e-mail, fax and phone number, (c) description of services 
provided by the agency including areas served, (d) existing fleet and 
employee information, and (e) a description of the agency's technical, 
legal, and financial capacity to implement the proposed project. For 
applicants applying through GRANTS.GOV, some of this information is 
included in Standard Form 424.
2. Project Information
    Every proposal must:
    a. Describe the project to be funded and include with the proposal 
any applicable supporting documentation, such as: Information on the 
age of the current fleet, age of facility to be rehabilitated or 
replaced, the Metropolitan Planning Organization (MPO) concurrence 
letters, population forecasts, ridership information, etc.
    b. Address each of the evaluation criteria separately, providing 
evidence that demonstrates how the project responds to each criterion.
    c. Provide a line item budget for the project, with enough detail 
to describe the various key components of the project.
    d. Provide the Federal amount requested.
    e. Document the matching funds, including amount and source of the 
match, demonstrating strong local and private sector financial 
participation in the project. Provide support documentation including 
audited financial statements, bond-ratings, and documents supporting 
the commitment of non-federal funding to the project, or a timeframe 
upon which those commitments would be made.
    f. Provide a project time-line, including significant milestones 
such as the date anticipated to issue a Request for Proposals for 
vehicles, or contract for purchase of vehicle(s), and actual or 
expected delivery date of vehicles, or notice of request for proposal 
and notice to proceed for capital construction/rehabilitation projects.

C. Submission Dates and Times

    Complete proposals for the Bus Livability Program must be submitted 
to buslivability@dot.gov February 8, 2010 or submitted electronically 
through the GRANTS.GOV Web site by the same date. Applicants planning 
to apply through GRANTS.GOV are encouraged to begin the process of 
registration on the GRANTS.GOV site well in advance of the submission 
deadline. Registration is a multi-step process, which may take several 
weeks to complete before an application can be submitted. FTA will 
announce grant selections when the competitive selection process is 
complete.

D. Funding Restrictions

    Only proposals from eligible recipients for eligible activities 
will be considered for funding (see Section III of this Preamble). Due 
to funding limitations, applicants that are selected for funding may 
receive less than the amount originally requested.

E. Other Submission Requirements

    Applicants should submit 3 copies of any supplemental information 
that cannot be submitted electronically to the appropriate regional 
office. Supplemental information submitted in hardcopy must be 
postmarked by February 8, 2010.

V. Application Review, Selection, and Notification

A. Project Evaluation Criteria

    Projects will be evaluated according to the following criteria. 
Each applicant is encouraged to demonstrate the responsiveness of a 
project to any and all of the selection criteria with the most relevant 
information that the applicant can provide, regardless of whether such 
information has been specifically requested, or identified, in this 
notice. FTA will assess the extent to which a project addresses the 
criteria below and produces a livability or sustainability outcome.
    1. Demonstrated Need for Resources: FTA will evaluate each project 
to determine its need for resources. This determination will be made by 
examining the proposal to determine if:
    a. The project represents a one-time or periodic need that cannot
    reasonably be funded from FTA program formula allocations or
    State and/or local revenues.
    b. The project or applicant did not receive sufficient Federal 
funding
    in previous years.
    c. The project will have a significant impact on service delivery.
    2. Planning and prioritization at local/regional level: FTA will 
examine each Bus Livability project proposal for consistency with the 
areas planning documents and local priorities. This examination will 
involve assessing whether:
    a. The project is consistent with the transit priorities identified 
in the long range plan and/or contingency/illustrative projects.
    b. The MPO endorses the project, if in a UZA, and the State, if for 
a rural area.
    c. Local support is demonstrated by availability of local match for 
this and/or related projects and letters of support.
    d. Capital projects are consistent with service needs of the area. 
Example: Vehicle expansion proposal shows evidence of the need for 
additional capacity.
    e. If the project is multimodal in nature, the proposal 
demonstrates coordination with and support of other transportation 
modes and partners.
    3. Livability: Livability investments are projects that deliver not 
only transportation benefits, but also are designed and planned in such 
a way that they have a positive impact on qualitative measures of 
community life. This element delivers benefits that are inherently 
difficult to measure. However, it is implicit to livability that its 
benefits are shared and therefore magnified by the number of potential 
users in the affected community. Therefore, descriptions of how 
projects enhance livability should include a description of the 
affected community and the scale of the project's impact. To determine 
whether a project improves the quality of the living and working 
environment of a community, FTA will qualitatively assess whether the 
project:
    a. Will significantly enhance user mobility through the creation of 
more convenient transportation options for travelers;
    b. The degree to which the proposed project contributes 
significantly to broader traveler mobility through intermodal 
connections, or improved connections between residential and commercial 
areas.
    c. Will improve existing transportation choices by enhancing points 
of modal connectivity or, in urban areas, by reducing congestion on 
existing transit systems or roadways.
    d. Will improve accessibility and transport services for 
economically disadvantaged populations, non-drivers, senior citizens, 
and persons with disabilities.
    e. Is the result of a planning process which coordinated 
transportation and land-use planning decisions and encouraged community 
participation in the process.
    4. Sustainability: In order to determine whether a project promotes 
a more environmentally sustainable transportation system, i.e., 
reducing

[[Page 64987]]

reliance on automobile travel, improving the pedestrian and walk 
environment of a community, use of environmental design techniques in 
the planning, construction, and operation of the project, FTA will 
assess the project's ability to:
    a. Improve energy efficiency or reduce energy consumption/green 
house gas emissions; applicants are encouraged to provide information 
regarding the expected use of clean or alternative sources of energy; 
projects that demonstrate a projected decrease in the movement of 
people by less energy-efficient vehicles or systems will be given 
priority under this factor; and
    b. Maintain, protect or enhance the environment, as evidenced by 
environmentally friendly policies and practices utilized in the project 
design, construction, and operation that exceed the requirements of the 
National Environmental Policy Act including items such as whether the 
project uses a Leadership in Energy and Environmental Design (LEED)-
certified design, the vehicles or facilities are rated with the energy-
star, the project re-uses a brownfield, construction equipment is 
retrofitted with catalytic converters, the project utilizes recycled 
materials, the project includes elements to conserve energy, such as 
passive solar heating, solar panels, wind turbines, reflective roofing 
or paving materials, or other advanced environmental design elements 
such as a green roof, etc.
    5. Leveraging of public and private investments.
    a. Jurisdictional and Stakeholder Collaboration: To measure a 
project's alignment with this criterion, FTA will assess the project's 
involvement of non-Federal entities and the use of non-Federal funds, 
including the scope of involvement and share of total funding. FTA will 
give priority to projects that receive financial commitments from, or 
otherwise involve, State and local governments, other public entities, 
or private or nonprofit entities, including projects that engage 
parties that are not traditionally involved in transportation projects, 
such as nonprofit community groups or the private owners of real 
property abutting the project. FTA will assess the amount of co-
investment from State, local or other non-profit sources.
    b. Disciplinary Integration: To demonstrate the value of 
partnerships across government agencies that serve the various public 
service missions and to promote collaboration on the objectives 
outlined in this notice, FTA will give priority to projects that are 
supported, financially or otherwise, by non-transportation public 
agencies that are pursuing similar objectives. For example, FTA will 
give priority to transportation projects that are supported by relevant 
public housing or human service agencies, or transportation projects 
that encourage energy efficiency or improve the environment and are 
supported by relevant public agencies with energy or environmental 
missions.
    6. The project is ready to implement.
    a. Any required environmental work has been initiated for 
construction projects requiring an Environmental Assessment (EA), 
Environmental Impact Statement (EIS), or documented Categorical 
Exclusion (CE).
    b. Implementation plans are ready, including initial design of 
facilities projects.
    c. TIP/STIP can be amended (evidenced by MPO/State endorsement).
    d. Local share is in place.
    e. Project can be obligated and implemented quickly if selected.
    f. The applicant demonstrates the ability to carry out the proposed 
project successfully.

    Note:  Applicants must have basic technical, legal, and 
financial capacity as a precondition of grant award. Since proposals 
are limited to existing FTA grantees, applicants are assumed to have 
that basic capacity. This criterion refers to implementation of the 
particular project proposed.

    a. For larger capital projects, the applicant has the technical 
capacity to administer the project.
    b. For fleet replacement and/or expansion, the acquisition is 
consistent with the bus fleet management plan.
    c. For fleet expansion, the applicant has the operating funds to 
support the expanded service.
    d. There are no outstanding legal, technical or financial issues 
with the grantee that would bring the feasibility of successful project 
completion into question.
    e. Source of 20% local match is identified and is available for 
prompt project implementation if selected (no deferred local share will 
be allowed).
    f. The grantee is in fundable status for grant making purpose.

B. Review and Selection Process

    Proposals will first be screened and ranked by the appropriate FTA 
regional office (see Appendix). Following this initial review, 
meritorious proposals will be submitted for a national review process 
and coordinated with representatives of HUD and EPA. Proposals will be 
screened and ranked based on the criteria in this notice by FTA 
headquarters staff in consultation with the appropriate FTA regional 
office (see Appendix), and coordinated with representatives of HUD and 
EPA. Highly qualified projects will be considered for inclusion in a 
national list of projects that addresses the identified priorities and 
represents the highest and best use of the available funding. As 
mentioned earlier in this Preamble, the Administrator will also take 
into consideration geographical diversity in his final decision. The 
FTA Administrator will determine the final selection and amount of 
funding for each project. Selected projects will be announced in early 
2010. FTA will publish the list of all selected projects and funding 
levels in the Federal Register. Regional offices will also notify 
successful applicants of their success and the amount of funding 
awarded to the project.

VI. Award Administration

A. Award Notices

    FTA will announce project selections in a Federal Register Notice 
and will post the Federal Register Notices on the Web. FTA regional 
offices will contact successful applicants. FTA will award grants for 
the selected projects to the applicant through the FTA electronic 
grants management and award system, TEAM, after receipt of a complete 
application in TEAM. These grants will be administered and managed by 
the FTA regional offices in accordance with the federal requirements of 
the Section 5309 bus program. At the time the project selections are 
announced, FTA will extend pre-award authority for the selected 
projects. There is no blanket pre-award authority for these projects 
prior to announcement.

B. Administrative and National Policy Requirements

1. Grant Requirements
    If selected, applicants will apply for a grant through TEAM and 
adhere to the customary FTA grant requirements of the Section 5309 Bus 
and Bus Facilities program, including those of FTA C 9300.1A Circular 
and C 5010.1C and S. 5333(b) labor protections. Discretionary grants 
greater than $500,000 will go through Congressional Notification and 
release process. Technical assistance regarding these requirements is 
available from each FTA regional office.
2. Planning
    Applicants are encouraged to notify the appropriate State 
Departments of Transportation and MPO in areas likely to be served by 
the project funds made available under this program. Incorporation of 
funded projects in the long range plans and transportation improvement 
programs of States and

[[Page 64988]]

metropolitan areas is required of all funded projects.
3. Standard Assurances
    The Applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, FTA circulars, and 
other Federal administrative requirements in carrying out any project 
supported by the FTA grant. The Applicant acknowledges that it is under 
a continuing obligation to comply with the terms and conditions of the 
grant agreement issued for its project with FTA. The Applicant 
understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and affect 
the implementation of the project. The Applicant agrees that the most 
recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. The Applicant must submit the 
Certifications and Assurances before receiving a grant if it does not 
have current certifications on file.

C. Reporting

    Post-award reporting requirements include submission of Financial 
Status Reports and Milestone reports in TEAM on a quarterly basis for 
all projects. Documentation is required for payment. In addition, 
grants which include innovative technologies may be required to report 
on the performance of these technologies.

VII. Agency Contacts

    Contact the appropriate FTA Regional Administrator (see Appendix) 
for proposal-specific information and issues. For general program 
information, contact Henrika Buchanan-Smith or Kimberly Sledge, Office 
of Transit Programs, (202) 366-2053, e-mail: henrika.buchanan-smith@dot.gov; kimberly.sledge@dot.gov. A TDD is available at 1-800-
877-8339 (TDD/FIRS).

    Issued in Washington, DC, this 3rd day of December 2009.
Peter M. Rogoff,
Administrator.

            Appendix A--FTA Regional and Metropolitan Offices
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Richard H. Doyle                            Robert C. Patrick
Regional Administrator                      Regional Administrator
Region 1--Boston                            Region 6--Ft. Worth
Kendall Square                              819 Taylor Street, Room 8A36
55 Broadway, Suite 920                      Ft. Worth, TX 76102
Cambridge, MA 02142-1093                    Tel. 817 978-0550
Tel. 617 494-2055
States served: Connecticut, Maine,          States served: Arkansas,
Massachusetts, New Hampshire, Rhode          Louisiana, Oklahoma, New
Island, and Vermont.                         Mexico and Texas.
------------------------------------------------------------------------
Brigid Hynes-Cherin                         Mokhtee Ahmad
Regional Administrator                      Regional Administrator
Region 2--New York                          Region 7--Kansas City, MO
One Bowling Green, Room 429                 901 Locust Street, Room 404
New York, NY 10004-1415                     Kansas City, MO 64106
Tel. No. 212 668-2170                       Tel. 816 329-3920
States served: New Jersey, New York.        States served: Iowa, Kansas,
                                             Missouri, and Nebraska.
------------------------------------------------------------------------
Letitia Thompson                            Terry Rosapep
Regional Administrator                      Regional Administrator
Region 3--Philadelphia                      Region 8--Denver
1760 Market Street, Suite 500               12300 West Dakota Ave.,
Philadelphia, PA 19103-4124                  Suite 310
Tel. 215 656-7100                           Lakewood, CO 80228-2583
                                            Tel. 720-963-3300
States served: Delaware, Maryland,          States served: Colorado,
 Pennsylvania, Virginia, West Virginia,      Montana, North Dakota,
 and District of Columbia.                   South Dakota, Utah, and
                                             Wyoming.
------------------------------------------------------------------------
Yvette Taylor                               Leslie T. Rogers
Regional Administrator                      Regional Administrator
Region 4--Atlanta                           Region 9--San Francisco
230 Peachtree Street, NW Suite 800          201 Mission Street, Suite
 Atlanta, GA 30303                           1650
Tel. 404 562-3500                           San Francisco, CA 94105-1926
                                            Tel. 415 744-3133
States served: Alabama, Florida, Georgia,   States served: American
 Kentucky, Mississippi, North Carolina,      Samoa, Arizona, California,
 Puerto Rico, South Carolina, Tennessee,     Guam, Hawaii, Nevada, and
 and Virgin Islands.                         the Northern Mariana
                                             Islands.
------------------------------------------------------------------------
Marisol Simon                               Rick Krochalis
Regional Administrator                      Regional Administrator
Region 5--Chicago                           Region 10--Seattle
200 West Adams Street, Suite 320            Jackson Federal Building
Chicago, IL 60606                           915 Second Avenue, Suite
Tel. 312 353-2789                            3142
                                            Seattle, WA 98174-1002
                                            Tel. 206 220-7954
States served: Illinois, Indiana,           States served: Alaska,
 Michigan, Minnesota, Ohio, and Wisconsin.   Idaho, Oregon, and
                                             Washington.
------------------------------------------------------------------------

[[Page 64989]]

 
New York Metropolitan Office                Chicago Metropolitan Office
Region 2--New York                          Region 5--Chicago
One Bowling Green, Room 428                 200 West Adams Street, Suite
New York, NY 10004-1415                      320
Tel. 212-668-2202                           Chicago, IL 60606
                                            Tel. 312-353-2789
------------------------------------------------------------------------
Philadelphia Metropolitan Office            Los Angeles Metropolitan
Region 3--Philadelphia                       Office
1760 Market Street, Suite 500               Region 9--Los Angeles
Philadelphia, PA 19103-4124                 888 S. Figueroa Street,
Tel. 215-656-7070                            Suite 1850
                                            Los Angeles, CA 90017-1850
                                            Tel. 213-202-3952
------------------------------------------------------------------------

[FR Doc. E9-29242 Filed 12-3-09; 4:15 pm]
BILLING CODE P