Over-the-Road Bus Accessibility Program Grants, 2583-2589 [2010-703]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2583-2589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-703]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Over-the-Road Bus Accessibility Program Grants

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Availability of Fiscal Year 2009 Funds: Solicitation 
of Grant Applications.

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SUMMARY: The U.S. Department of Transportation (DOT) Federal Transit 
Administration (FTA) announces the availability of funds in Fiscal Year 
(FY) 2009 for the Over-the-Road Bus (OTRB) Accessibility Program, 
authorized by Section 3038 of the Transportation Equity Act for the 
21st Century (TEA-21). The OTRB Accessibility Program makes funds 
available to private operators of over-the-road buses to finance the 
incremental capital and training costs of complying with DOT's over-
the-road bus accessibility regulation. The authorizing legislation 
calls for national solicitation of applications with grantees to be 
selected on a competitive basis. Federal transit funds are available to 
intercity fixed-route providers and other OTRB providers at up to 90 
percent of the project cost.
    A total of $8,800,000 has been appropriated for the program in FY 
2009. FY 2006 funds have lapsed in the amount of $1,867,900. The total 
amount available for allocation is $10,710,435 which includes FY 2009 
appropriations and lapsed funds. This announcement is available on the 
Internet on the FTA Web site at: https://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 https://www.grants.gov. Applications may be submitted to the appropriate FTA 
Regional Office (see Appendix B) in hard copy or electronically through 
the Grants.Gov APPLY function.

DATES: Complete applications for OTRB Program grants must be submitted 
to the appropriate FTA regional office (see Appendix B) by April 15, 
2010, or submitted electronically through the Grants.Gov Web site by 
the same date. Anyone intending to apply electronically should initiate 
the process of registering on the Grants.Gov site immediately to ensure 
completion of registration before the deadline for submission. FTA will 
announce grant selections in the Federal Register when the competitive 
selection process is complete.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Administrator (Appendix B) for application-specific information and 
issues. For general program information, contact Blenda Younger, Office 
of Program Management, (202) 366-2053, e-mail: blenda.younger@dot.gov. 
A TDD is available at 1-800-877-8339 (TDD/FIRS).

Overview Information

    Federal Agency Name: Department of Transportation. Federal Transit 
Administration (FTA).
    Funding Opportunity Title: Capital And Training Assistance Program 
For Over-The-Road Bus Accessibility.
    Announcement Type: Initial Announcement: Notice of Availability of 
Fiscal Year 2009.
    Funds: Solicitation of Grant Applications.
    Catalog of Federal Domestic Assistance (CFDA) Number: 20.518 
Capital and Training Assistance Program For Over-The-Road Bus 
Accessibility.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review Information
VI. Selection Process and Award Administration Information
VII. Agency Contacts
Appendix A Over-the-Road Bus Accessibility Program Application
Appendix B FTA Regional Offices

I. Funding Opportunity Description

A. Authority

    The program is authorized under Section 3038 of the Transportation 
Equity Act for the 21st Century (TEA-21), Public Law 105-85 as amended 
by the Safe, Accountable, Flexible, Efficient, Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU), Public Law 109-059, August 10, 
2005.

B. Background

    Buses purchased under the OTRB program are used in intercity fixed-
route service as well as other services, such as commuter, charter, and 
tour bus services. These services are an important element of the U.S. 
transportation system. TEA-21 authorized FTA's OTRB Accessibility 
Program to assist OTRB operators in complying with the Department's 
OTRB Accessibility regulation, ``Transportation for Individuals with

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Disabilities'' (49 CFR part 37, Subpart H).
Summary of DOT's OTRB Accessibility Rule Deadlines for Acquiring 
Accessible Vehicles
    Under the OTRB Accessibility regulation, all new buses obtained by 
large (Class I carriers, i.e., those with gross annual transportation 
revenues of $8.6 million or more), fixed-route carriers must be 
accessible, with wheelchair lifts and securement locations that allow 
passengers to ride in their own wheelchairs. Specifications describing 
the design features of an accessible over-the-road bus are listed in 49 
CFR part 38, subpart G.
    The rule required 50 percent of a fixed-route operator's fleet to 
be accessible by October 30, 2006, and 100 percent of the vehicles in 
their fleet to be accessible by October 29, 2012. New buses acquired by 
small (gross annual transportation revenues of less than $8.6 million) 
fixed-route operators after October 29, 2001, also are required to be 
lift-equipped, unless the operator can provide equivalent service to 
passengers with disabilities on a 48-hour advance notice basis. Unlike 
large operators, small fixed-route operators do not have a deadline for 
total fleet accessibility. Small demand responsive OTRB operators such 
as charter and tour companies are required to provide service in an 
accessible bus on 48 hours advance notice. Small mixed service 
operators must also provide this kind of service on an interim basis 
until their fleets are completely accessible.
    OTRB operators must submit three types of reports annually by the 
last Monday of every October, with each annual report covering the time 
period from October 1 of the prior calendar year through September 30 
of the current calendar year: (1) OTRB operators must submit a summary 
of all individual requests they receive for accessible and/or 
equivalent service in each 12-month reporting period; (2) Large and 
small fixed route OTRB companies must submit an annual report that 
summarizes the number of passengers with disabilities who used the lift 
to board accessible buses in a given 12-month reporting period; and (3) 
OTRB companies must submit acquisition and lease data to the DOT 
annually. Additional information on the filing requirements can be 
found on the following Federal Motor Carrier Safety Administration Web 
page: https://www.fmcsa.dot.gov/rules-regulations/bus/company/ada-guidelines.htm.
Deadlines for Delivering Accessible Service
    The rules for delivering accessible motorcoach service went into 
effect October 29, 2001, for large fixed-route, charter, tour and other 
demand-responsive motorcoach operators, and for small operators on 
October 28, 2002. Operators should consult 49 CFR part 37, Subpart H, 
regarding the acquisition of accessible vehicles and the provision of 
accessible service to determine the applicable section that best 
describes their operating characteristics. Specifications describing 
the design features of an accessible over-the-road bus are listed in 49 
CFR part 38, subpart G.

C. Purpose

    Improving mobility and shaping America's future by ensuring that 
the transportation system is accessible, integrated, and efficient, and 
offers flexibility of choices is a key strategic goal of the DOT. OTRB 
Accessibility projects will improve mobility for individuals with 
disabilities by providing financial assistance to help make vehicles 
accessible and training to ensure that drivers and others are properly 
trained to use accessibility features as well as how to treat patrons 
with disabilities.

D. Vehicle and Service Definitions

    An ``over-the-road bus'' is defined in 49 CFR 37.3 as a bus 
characterized by an elevated passenger deck located over a baggage 
compartment.
    Intercity, fixed-route over-the-road bus service is regularly 
scheduled bus service for the general public, using an OTRB that 
operates with limited stops over fixed routes connecting two or more 
urban areas not in close proximity or connecting one or more rural 
communities with an urban area not in close proximity; has the capacity 
for transporting baggage carried by passengers; and makes meaningful 
connections with scheduled intercity bus service to more distant 
points. The application includes five criteria factors that will be 
reviewed to determine eligibility for a portion of the funding 
available to operators that qualify under this definition.
    ``Other'' OTRB service means any other transportation using OTRBs, 
including local fixed-route service, commuter service, and charter or 
tour service (including tour or excursion service that includes 
features in addition to bus transportation such as meals, lodging, 
admission to points of interest or special attractions). While some 
commuter service may also serve the needs of some intercity fixed-route 
passengers, the statute includes commuter service in the definition of 
``other'' service. Commuter service providers may apply for these 
funds, even though the services designed to meet the needs of commuters 
may also provide service to intercity fixed-route passengers on an 
incidental basis. If a commuter service provider can document that more 
than 50 percent of its passengers are using the service as intercity 
fixed-route service, the provider may apply for the funds designated 
for intercity fixed-route operators.

II. Award Information

    Federal transit funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
cost. A total of $8,800,000 was appropriated for the program in FY 2009 
which together with $1,910,435 in prior year unobligated funds make a 
total of $10,710,435 available for allocation. Successful applicants 
will be awarded grants. Typical grants under this program range from 
$25,000 to $180,000, with most grants being less than $40,000, for lift 
equipment for a single vehicle.

III. Eligibility Information

1. Eligible Applicants

    Grants will be made directly to operators of OTRBs. Intercity, 
fixed-route OTRB service providers may apply for the funds that are 
anticipated to be appropriated for intercity fixed-route providers in 
FY 2009. Applicants must establish eligibility as intercity fixed-route 
providers by meeting established criteria on six factors identified in 
Part 2B of the application. Other OTRB service providers, including 
operators of local fixed-route service, commuter service, and charter 
or tour service may apply for the funds appropriated in FY 2009 for 
these providers. OTRB operators who provide both intercity, fixed-route 
service and another type of service, such as commuter, charter or tour, 
may apply for both categories of funds with a single application. 
Private for-profit operators of over-the-road buses are eligible to be 
direct applicants for this program. This is a departure from most other 
FTA programs for which the direct applicant must be a State or local 
public body. FTA does not award grants to public entities under this 
program.

2. Eligible Projects

    Projects to finance the incremental capital and training costs of 
complying with DOT's OTRB accessibility rule (49

[[Page 2585]]

CFR part 37) are eligible for funding. Incremental capital costs 
eligible for funding include adding lifts, tie-downs, moveable seats, 
doors and training costs associated with using the accessibility 
features and serving persons with disabilities. Retrofitting vehicles 
with such accessibility components is also an eligible expense. Please 
see Buy America section for further conditions of eligibility.
    FTA may award funds for costs already incurred by the applicants. 
Any new wheelchair accessible vehicles delivered after June 8, 1998, 
the date that the TEA-21 became effective, are eligible for funding 
under the program. Vehicles of any age that have been retrofitted with 
lifts and other accessibility components after June 8, 1998, are also 
eligible for funding.
    Eligible training costs are those required by the final 
accessibility rule as described in 49 CFR 37.209. These activities 
include training in proper operation and maintenance of accessibility 
features and equipment, boarding assistance, securement of mobility 
aids, sensitive and appropriate interaction with passengers with 
disabilities, and handling and storage of mobility devices. The costs 
associated with developing training materials or providing training for 
local providers of OTRB services for these purposes are also eligible 
expenses.
    FTA will not fund the incremental costs of acquiring used 
accessible OTRBs that were previously owned, as it may be impossible to 
verify whether or not FTA funds were already used to make the vehicles 
accessible. Also, it would be difficult to place a value on the 
accessibility features based upon the depreciated value of the vehicle. 
The legislative intent of this grant program is to increase the number 
of wheelchair accessible OTRBs available to persons with disabilities 
throughout the country. The purchase of previously-owned accessible 
vehicles, whether or not they were funded by FTA, does not further this 
objective of increasing the number of wheelchair accessible OTRBs.
    FTA has sponsored the development of accessibility training 
materials for public transit operators. Project ACTION is an FTA funded 
national technical assistance program to promote cooperation between 
the disability community and the transportation industry. Project 
ACTION provides training, resources and technical assistance to 
thousands of disability organizations, consumers with disabilities, and 
transportation operators. It maintains a resource center with up-to-
date information on transportation accessibility. Project ACTION may be 
contacted at: Project ACTION, 1425 K Street, NW., Suite 200, 
Washington, DC 20005, Phone: 1-800-659-6428 (TDD: (202) 374-7385), 
Internet address: https://www.projectaction.org/.

3. Cost Sharing or Matching

    Federal transit funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
cost. A 10 percent match is required.

IV. Application and Submission Information

1. Address to Request Application Package

    This announcement includes all of the application materials. It is 
also available on the Internet on the FTA Web site at https://www.fta.dot.gov. FTA will announce final selections on its 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 
https://www.grants.gov.

2. Content and Form of Application Submission

Guidelines for Preparing Grant Application
    The application should provide information on all items for which 
you are requesting funding in FY 2009. If you use another company's 
previous application as a guide, remember to modify all elements as 
appropriate to reflect your company's situation. The application must 
include a project narrative in the format provided in Appendix A, in 
addition to Standard Form 424, ``Application for Federal Assistance.''
Application Content
I. Applicant Information
    This addresses basic identifying information, including:
    a. Company name.
    b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
number.
    c. Contact information for notification of project selection: 
contact name, address, email address, fax and phone number.
    d. Description of services provided by company, including areas 
served.
    e. For fixed-route carriers, whether you are a large (Class I, with 
gross annual operating revenues of $8.1 million or more) or small 
(gross operating revenues of less than $8.1 million annually) carrier.
    f. Existing fleet and employee information, including number of 
over-the-road buses used for (1) intercity fixed-route service, and (2) 
other service, and number of employees.
    g. If you provide both intercity fixed-route service and another 
type of service, such as commuter, charter or tour service, please 
provide an estimate of the proportion of your service that is 
intercity.
    h. Description of your technical, legal, and financial capacity to 
implement the proposed project. Include evidence that you currently 
possess appropriate operating authority (e.g., DOT number if you 
operate interstate or identifier assigned by State if you do not 
operate interstate service).
II. Project Information
    Every application must:
    a. Provide the Federal amount requested for each purpose for which 
funds are sought in the format in Appendix A.
    b. Document matching funds, including amount and source.
    c. Describe project, including components to be funded (e.g., 
lifts, tie-downs, moveable seats, or training).
    d. Provide project timeline, including significant milestones such 
as date or contract for purchase of vehicle(s), and actual or expected 
delivery date of vehicles.
    e. Address each of the five statutory evaluation criteria described 
in V.
    f. If requesting funding for intercity service, provide evidence 
that:
    1. The applicant provides scheduled, intercity, fixed route, over-
the-road bus service that interlines with one or more scheduled, 
intercity bus operators. (Such evidence includes applicant's membership 
in the National Bus Traffic Association or participation in separate 
interline agreements, and participation in interline tariffs or price 
lists issued by, or on behalf of, scheduled, intercity bus operators 
with whom the applicant interlines); and
    2. The applicant has obtained authority from the Federal Motor 
Carrier Safety Administration or the Interstate Commerce Commission to 
operate scheduled, intercity, fixed route service; and as many of the 
following as are applicable;
    3. The applicant is included in Russell's Official National Motor 
Coach Guide showing that it provides regularly scheduled, fixed route 
OTRB service with meaningful connections with scheduled intercity bus 
service to more distant points.
    4. The applicant maintains a Web site showing routes and schedules 
of its regularly scheduled, fixed route OTRB service and its meaningful 
connections to other scheduled, intercity bus service.

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    5. The applicant maintains published schedules showing its 
regularly scheduled, fixed route OTRB service and its meaningful 
connections to other scheduled, intercity bus service.
    6. The applicant participates in the International Registration 
Plan (IRP) apportionment program.
III. Labor Information
    a. Identify any labor organizations that may represent your 
employees and employees of any transit providers in the service area of 
the project. For each local union of a nationally affiliated union, the 
applicant must provide the name of the national organization and the 
number or other designation of the local union (e.g., Amalgamated 
Transit Union local 1258). Since the Department of Labor (DOL) makes 
its referral to the national union's headquarters, there is no need to 
provide a means of contacting the local organization.
    b. For each independent labor organization (i.e., a union that is 
not affiliated with a national or international organization) the local 
information will be necessary (name of organization, address, contact 
person, phone, fax numbers).
    c. Where a labor organization represents transit employees in the 
service area of the project, DOL must refer the proposed protective 
arrangements to each union and to each recipient. For this reason, 
please provide DOL with a contact person, address, telephone number and 
fax number for your company and associated union information.

3. Submission Dates and Times

    Complete applications for OTRB Accessibility Program grants must be 
submitted to the appropriate FTA regional office (Appendix B) April 15, 
2010 or submitted electronically through https://www.grants.gov by the 
same date. Applicants planning to apply electronically 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.

4. Intergovernmental Review

    This program is not generally subject to Executive Order (EO) 
12372, ``Intergovernmental Review of Federal Programs.'' For more 
information, contact the State's Single Point of Contact (SPOC) to find 
out about and comply with the State's process under EO 12372. The names 
and addresses of the SPOCs are listed in the Office of Management and 
Budget's homepage at https://www.whitehouse.gov/omb/grants/spoc.html.

5. Funding Restrictions

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

6. Other Submission Requirements

    Applicants should submit three copies of their project proposal 
application, consistent with the application format provided at 
Appendix A, to the appropriate regional office or apply electronically 
through the government wide electronic grant application portal at 
https://www.grants.gov.

V. Application Review Information

    1. Project Evaluation Criteria--Projects will be evaluated 
according to the following criteria:
    A. The identified need for OTRB accessibility for persons with 
disabilities in the areas served by the applicant (20 points).
    B. The extent to which the applicant demonstrated innovative 
strategies and financial commitment to providing access to OTRBs to 
persons with disabilities (20 points).
    C. The extent to which the OTRB operator acquired equipment 
required by DOT's over-the-road bus accessibility rule prior to the 
required timeframe in the rule (20 points).
    D. The extent to which financing the costs of complying with DOT's 
rule presents a financial hardship for the applicant (20 points).
    E. The impact of accessibility requirements on the continuation of 
OTRB service with particular consideration of the impact of the 
requirements on service to rural areas and for low-income individuals 
(20 points).

    Note: These are the statutory criteria upon which funding 
decisions will be made. In addition to these criteria, FTA may also 
consider other factors, such as the size of the applicant's fleet 
and the level of FTA funding previously awarded to applicants in 
prior years. Applicants will not be considered for funding as 
intercity fixed-route operators unless they satisfy, at a minimum, 
the first two criteria and at least one of criteria three through 
five listed in the Project Information section of the application; 
these criteria are applicable to intercity fixed-route applicants.

VI. Selection Process and Award Administration Information

1. Review and Selection Process

    Each application is screened by a panel of members consisting of 
FTA headquarters and regional staff. Incomplete or non-responsive 
applications will be disqualified. Intercity fixed-route service 
providers must provide evidence that they meet at a minimum the first 
two criteria and at least one of the next three criteria set forth in 
Project Information, if funds are requested under this category (see 
Appendix A, 2, B). Applicants that do not qualify as intercity-fixed 
route operators may be considered for funding in the ``other'' category 
using the same application. FTA will make an effort to award every 
qualified applicant at least one lift.

2. Award Notices

    FTA will screen all applications to determine whether all required 
eligibility elements, as described in Part III ``Eligibility 
Information,'' are present. The FTA evaluation team will evaluate each 
application according to the criteria described in this announcement. 
FTA will notify all applicants, both those selected for funding and 
those not selected when the competitive selection process is complete. 
Projects selected for funding will be published in a Federal Register 
notice. Applicants selected for funding must then apply to the FTA 
regional office for the actual grant award, sign Certifications and 
Assurances, and execute a grant contract before funds can be drawn 
down.

3. Administrative and National Policy Requirements

A. Grant Requirements
    Applicants selected for funding must include documentation 
necessary to meet the requirements of FTA's Nonurbanized Area Formula 
program (Title 49, United States Code, Section 5311). Technical 
assistance regarding these requirements is available from each FTA 
regional office. The regional offices will contact those applicants 
selected for funding regarding procedures for making the required 
certifications and assurances to FTA before grants are made.
    The authority for these requirements is provided by TEA-21, Public 
Law 105-178, June 9, 1998, as amended by the TEA-21 Restoration Act 
105-206, 112 Stat. 685, July 22, 1998; 49 U.S.C. Section 5310, note; 
and DOT and FTA regulations and FTA Circulars.

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B. Buy America
    Under the OTRB Accessibility Grant Program, FTA's Buy America 
regulations, 49 CFR part 661, apply to the incremental capital costs of 
making vehicles accessible.
    Generally, Buy America applies to all accessibility equipment 
acquired with FTA funds, i.e., all of the manufacturing processes for 
the product take place in the United States. The lift, the moveable 
seats, and the securement devices will each be considered components 
for purposes of this program; accordingly, as components, each must be 
manufactured in the United States regardless of the origin of its 
respective subcomponents.
    It should also be noted that FTA has issued a general public 
interest waiver for all purchases under the Federal ``small purchase'' 
threshold, which is currently $100,000. (See 49 CFR 661.7, Appendix 
A(e)). Because Section 3038(b) of TEA-21, limited FTA financing to the 
incremental capital costs of compliance with DOT's OTRB accessibility 
rule, the small purchase waiver applies only to the incremental cost of 
the accessibility features. Where more than one bus is being made 
accessible, the grantee must calculate the incremental cost increase of 
the entire procurement when determining if the small purchase waiver 
applies. For example, if $30,000 is the incremental cost for the 
accessibility features eligible under this program per bus (regardless 
of the Federal share contribution), then a procurement of three buses 
with a total such cost of $90,000, would qualify for the small purchase 
waiver. No special application to FTA would be required.
    The grantee must obtain a certification from the bus or component 
manufacturer that all items included in the incremental cost for which 
the applicant is applying for funds meet Buy America requirements. The 
Buy America regulations can be found at https://www.fta.dot.gov/library/legal/buyamer/.
C. Labor Protection
    Before FTA may award a grant for capital assistance, 49 U.S.C. 
5333(b) requires that fair and equitable arrangements must be made to 
protect the interests of transit employees affected by FTA assistance. 
Those arrangements must be certified by the Secretary of Labor as 
meeting the requirements of the statute. When a labor organization 
represents a group of affected employees in the service area of an FTA 
project, the employee protective arrangement is usually the product of 
negotiations or discussions with the union. The grant applicant can 
facilitate DOL certification by identifying in the application any 
previously certified protective arrangements that have been applied to 
similar projects undertaken by the grant applicant, if any. Receiving 
funds under the OTRB Accessibility program, however, will not require 
the grantee's employees to be represented by organized labor. Nothing 
in the labor protection provisions in 49 U.S.C 5333(b) requires a 
motorcoach operator to become a union carrier or encourages union 
organizing in any manner. Upon receipt of a grant application requiring 
employee protective arrangements, FTA will transmit the application to 
DOL and request certification of the employee protective arrangements. 
In accordance with DOL guidelines, DOL notifies the relevant unions in 
the area of the project that a grant for assistance is pending and 
affords the grant applicant and union the opportunity to agree to an 
arrangement establishing the terms and conditions of the employee 
protections. If necessary, DOL furnishes technical and mediation 
assistance to the parties during their negotiations. The Secretary of 
Labor may determine the protections to be certified if the parties do 
not reach an agreement after good faith bargaining and mediation 
efforts have been exhausted. DOL will also set the protective 
conditions when affected employees in the service area are not 
represented by a union. When DOL determines that employee protective 
arrangements comply with labor protection requirements, DOL will 
provide a certification to FTA. The grant agreement between FTA and the 
grant applicant incorporates by reference the employee protective 
arrangements certified by DOL.
    Applicants must identify any labor organizations that may represent 
their employees and all labor organizations that represent the 
employees of any other transit providers in the service area of the 
project.
    For each local of a nationally affiliated union, the applicant must 
provide the name of the national organization and the number or other 
designation of the local union (e.g., Amalgamated Transit Union local 
1258). Since DOL makes its referral to the national union's 
headquarters, there is no need to provide a means of contacting the 
local organization.
    However, for each independent labor organization (i.e., a union 
that is not affiliated with a national or international organization) 
the local information will be necessary, such as the name of 
organization, address, contact person, phone, and fax numbers.
    Where a labor organization represents transit employees in the 
service area of the project, DOL must refer the proposed protective 
arrangements to each union and to each recipient. For this reason, 
please provide DOL with a contact person, address, telephone number and 
fax number for your company, and associated union information.
    DOL issued a Federal Register notice addressing the new TEA-21 
programs, including the OTRB Accessibility Program, ``Amendment to 
Section 5333(b) Guidelines to Carry Out New Programs Authorized by the 
Transportation Equity Act for the 21st Century (TEA-21);'' Final Rule, 
dated July 28, 1999. FTA issued a ``Dear Colleague'' letter, dated 
December 5, 2000, addressing DOL processing of grant applications. 
Attached to the letter is an application checklist, which provides 
information that DOL must have in order to review and certify FTA grant 
applications. This letter and attachment can be found at: https://www.fta.dot.gov/office/public/c0019.html. Questions concerning 
protective arrangements and related matters pertaining to transit 
employees should be addressed to the Division of Statutory Programs, 
Department of Labor, 200 Constitution Avenue, NW., Room N-5411, 
Washington, DC 20210; telephone (202) 693-0126, fax (202) 219-5338.
D. Planning
    Applicants are encouraged to notify the appropriate State 
Departments of Transportation and Metropolitan Planning Organizations 
(MPO) in areas likely to be served by equipment made accessible through 
funds made available in this program. Those organizations, in turn, 
should take appropriate steps to inform the public, and individuals 
requiring fully accessible services in particular, of operators' 
intentions to expand the accessibility of their services. Incorporation 
of funded projects in the plans and transportation improvement programs 
of states and metropolitan areas by States and MPOs also is encouraged, 
but is not required.
E. 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

[[Page 2588]]

understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and 
affects 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. Certifications and 
Assurances for grants to be awarded under this program in FY 2009 will 
be included in the FTA Certifications and Assurances for FY 2009, which 
will be published in the Federal Register at a later date, and made 
available for electronic signature in FTA's grants system. Every 
applicant must submit Certification 01, ``For Each Applicant.'' Each 
applicant for more than $100,000 must provide both Certification 01, 
and, 02, the ``Lobbying Certification.''

4. Reporting

    Post-award reporting requirements include submission of final 
Financial Status Report and milestone report, or annual reports for 
grants remaining open at the end of each Federal fiscal year (September 
30). Documentation is required for payment.

VII. Agency Contact(s)

    Contact the appropriate FTA Regional Administrator (Appendix B) for 
application-specific information and issues. For general program 
information, contact Blenda Younger, Office of Program Management, 
(202) 366-2053, e-mail: blenda.younger@dot.gov. A TDD is available at 
1-800-877-8339 (TDD/FIRS).

    Issued in Washington, DC, this 12th day of January, 2010.
Peter Rogoff,
Administrator.

Appendix A Over-the-Road Bus Accessibility Program Project Proposal 
Application (Paper or electronic project narrative)

    (See Section IV.2 of Federal Register announcement for detailed 
explanation of application content).
    In addition to OMB Standard Form 424, Application For Federal 
Assistance, provide the following information:

1. Applicant Information

A. Company Name:
B. DUNS Number:
C. For Notification of Project Selection Contact:
    Name of Individual:
    Address:
    FAX:
    Telephone number:
    E-mail:
D. Describe Services Provided by Company, including Areas Served:
E. Intercity Fixed-Route Carriers:
    ------Large/Class I (gross annual operating revenues of $8.1 
Million or more).
    ------Small (gross annual revenues of less than $8.1 Million).
F. Existing Fleet and Employee Information:
    ------Total number of over-the-road buses in fleet.
    ------Number of over-the-road buses in fleet used for intercity 
fixed-route service.
    ------Number of over-the-road buses intercity-fixed-route 
service that currently have lifts.
    ------Number of over-the-road buses in fleet used for Other 
Service, e.g., Charter, Tour, & Commuter.
    ------Number of over-the-road buses used in ``other'' service 
that currently have lifts.
    ------Number of Employees.
G. Estimate of the proportion of service, if any, that is intercity 
fixed-route
    ------% of services is intercity fixed-route.
H. Describe your technical, legal, and financial capacity to 
implement the proposed project. Include evidence of operating 
authority.

2. Project Information

    A. Federal Amount Requested (Up to 90% Federal Share):
    Intercity Fixed Route Service:

$--------for-------- New Over-the-road Buses

$--------for-------- Retrofits

$--------for-------- Employees--Training

Other Service (Commuter, Charter, or Tour)

$--------for-------- New Over-the-road Buses

$--------for-------- Retrofits

$--------for-------- Employees--Training

    B. If requesting funding for intercity service, provide evidence 
of any of the following that are applicable:
    1. The applicant provides scheduled, intercity, fixed route, 
over-the-road bus service that interlines with one or more 
scheduled, intercity bus operators. Such evidence includes 
applicant's membership in the National Bus Traffic Association or 
participation in separate interline agreements, and participation in 
interline tariffs or price lists issued by, or on behalf of, 
scheduled, intercity bus operators with whom the applicant 
interlines.
    2. The applicant has obtained authority from the Federal Motor 
Carrier Safety Administration or the Interstate Commerce Commission 
to operate scheduled, intercity, fixed route service.
    3. The applicant is included in Russell's Official National 
Motor Coach Guide showing that it provides regularly scheduled, 
fixed route OTRB service with meaningful connections with scheduled 
intercity bus service to more distant points.
    4. The applicant maintains a website showing routes and 
schedules of its regularly scheduled, fixed route OTRB service and 
its meaningful connections to other scheduled, intercity bus 
service.
    5. The applicant maintains published schedules showing its 
regularly scheduled, fixed route OTRB service and its meaningful 
connections to other scheduled, intercity bus service.
    6. The applicant participates in the International Registration 
Plan (IRP) apportionment program.
    C. Document Matching Funds, including Amount and Source
    D. Describe Project, including Components to be funded (i.e., 
lifts, tie-downs, moveable seats or training).
    E. Provide Project Time Line, including significant milestones 
such as date of contract for purchase of vehicle(s), and actual or 
expected delivery date of vehicles.
    F. Project Evaluation Criteria
    Provide information addressing the following criteria:
     The identified need for OTRB accessibility for persons 
with disabilities in the areas served by the applicant (20 points).
     The extent to which the applicant demonstrated 
innovative strategies and financial commitment to providing access 
to OTRBs to persons with disabilities (20 points).
     The extent to which the over-the-road bus operator 
acquired equipment required by DOT's OTRB accessibility rule prior 
to the required time frame in the rule (20 points).
     The extent to which financing the costs of complying 
with DOT's rule presents a financial hardship for the applicant (20 
points).
     The impact of accessibility requirements on the 
continuation of OTRB service with particular consideration of the 
impact of the requirements on service to rural areas and for low 
income individuals (20 points).
    G. Labor Information
     List labor organizations that may represent your 
employees and all labor organizations that represent the employees 
of any transit providers in the service area of the project.
     For each local of a nationally affiliated union, 
provide the name of the national organization and the number or 
other designation of the local union.
     For each independent labor organization, provide the 
local information, including: name of organization, address, contact 
person, phone and fax numbers.
     For transit employee unions in service area of project, 
provide information including: contact person, address, telephone 
number and fax number for your company and associated union 
information.

Appendix B

                          FTA Regional Offices
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Richard H. Doyle, Regional           Robert C. Patrick, Regional
 Administrator, Region 1--Boston,     Administrator, Region 6-Ft. Worth,
 Kendall Square, 55 Broadway, Suite   819 Taylor Street, Room 8A36, Ft.
 920, Cambridge, MA 02142-1093,       Worth, TX 76102, Tel. 817-978-
 Tel. 617-494-2055.                   0550.

[[Page 2589]]

 
States served: Connecticut, Maine,   States served: Arkansas, Louisiana,
 Massachusetts, New Hampshire,        Oklahoma, New Mexico and Texas.
 Rhode Island, and Vermont.
Brigid Hynes-Cherin, Regional        Mokhtee Ahmad, Regional
 Administrator, Region 2--New York,   Administrator, Region 7--Kansas
 One Bowling Green, Room 429, New     City, MO, 901 Locust Street, Room
 York, NY 10004-1415, Tel. 212-668-   404, Kansas City, MO 64106, Tel.
 2170.                                816-329-3920.
States served: New Jersey, New
 York.
New York Metropolitan Office,        States served: Iowa, Kansas,
 Region 2--New York, One Bowling      Missouri, and Nebraska.
 Green, Room 428, New York, NY
 10004-1415, Tel. 212-668-2202.
Letitia Thompson, Regional           Terry Rosapep, Regional
 Administrator, Region 3--            Administrator, Region 8--Denver,
 Philadelphia, 1760 Market Street,    12300 West Dakota Ave., Suite 310,
 Suite 500, Philadelphia, PA 19103-   Lakewood, CO 80228-2583, Tel. 720-
 4124, Tel. 215-656-7100.             963-3300.
States served: Delaware, Maryland,   States served: Colorado, Montana,
 Pennsylvania, Virginia, West         North Dakota, South Dakota, Utah,
 Virginia, and District of            and Wyoming.
 Columbia.
Philadelphia Metropolitan Office,
 Region 3--Philadelphia, 1760
 Market Street, Suite 500,
 Philadelphia, PA 19103-4124, Tel.
 215-656-7070.
Washington, DC Metropolitan Office,
 1990 K Street, NW., Room 510,
 Washington, DC 20006, Tel. 202-219-
 3562.
Yvette Taylor, Regional              Leslie T. Rogers, Regional
 Administrator, Region 4--Atlanta,    Administrator, Region 9--San
 230 Peachtreet Street, NW., Suite    Francisco, 201 Mission Street,
 800, Atlanta, GA 30303, Tel. 404-    Room 1650, San Francisco, CA 94105-
 865-5600.                            1926, Tel. 415-744-3133.
States served: Alabama, Florida,     States served: American Samoa,
 Georgia, Kentucky, Mississippi,      Arizona, California, Guam, Hawaii,
 North Carolina, Puerto Rico, South   Nevada, and the Northern Mariana
 Carolina, Tennessee, and Virgin      Islands.
 Islands.
                                     Los Angeles Metropolitan Office,
                                      Region 9--Los Angeles, 888 S.
                                      Figueroa Street, Suite 1850, Los
                                      Angeles, CA 90017-1850, Tel. 213-
                                      202-3952.
Marisol Simon, Regional              Rick Krochalis, Regional
 Administrator, Region 5--Chicago,    Administrator, Region 10--Seattle,
 200 West Adams Street, Suite 320,    Jackson Federal Building, 915
 Chicago, IL 60606, Tel. 312-353-     Second Avenue, Suite 3142,
 2789.                                Seattle, WA 98174-1002, Tel. 206-
                                      220-7954.
States served: Illinois, Indiana,    States served: Alaska, Idaho,
 Michigan, Minnesota, Ohio, and       Oregon, and Washington.
 Wisconsin.
Chicago Metropolitan Office, Region
 5--Chicago, 200 West Adams Street,
 Suite 320, Chicago, IL 60606, Tel.
 312-353-2789.
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[FR Doc. 2010-703 Filed 1-14-10; 8:45 am]
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