FTA Fiscal Year 2010 Apportionments, Allocations, and Program Information, 7048-7147 [2010-2996]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 30 (Tuesday, February 16, 2010)]
[Notices]
[Pages 7048-7147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2996]



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Part II





Department of Transportation





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Federal Transit Administration



FTA Fiscal Year 2010 Apportionments, Allocations, and Program 
Information; Notice

Federal Register / Vol. 75 , No. 30 / Tuesday, February 16, 2010 / 
Notices

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FTA Fiscal Year 2010 Apportionments, Allocations, and Program 
Information

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Transit Administration (FTA) annually publishes 
one or more notices apportioning funds appropriated by law. In some 
cases, if less than a full year of funds is available, FTA publishes 
multiple partial apportionment notices. This notice is the first notice 
announcing partial apportionment of Fiscal Year (FY) 2010 formula and 
discretionary funds. It also provides program guidance and 
requirements; and provides information on several program issues 
important in the current fiscal year. The notice also includes tables 
that show certain discretionary programs unobligated (carryover) 
funding from previous years that will be available for obligation 
during FY 2010.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Overview
II. FY 2010 Available Funding for FTA Programs
    A. Available Funding Based on Continuing Appropriations 
Resolution 2010, and Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and the 
Transportation, Housing and Urban Development, and Related Agencies 
Appropriations Act 2010
    B. Program Funds Set-aside for Oversight
III. FY 2010 FTA Key Program Initiatives and Changes
    A. SAFETEA-LU Implementation
    B. Planning Emphasis Areas
    C. Earmarks and Competitive Grant Opportunities
    D. Flexible Funding Procedures
    E. Match for Biodiesel Vehicles and Hybrid Retrofits
IV. FTA Programs
    A. Metropolitan Planning Program (49 U.S.C. 5305)
    B. Statewide Planning and Research Program (49 U.S.C. 5305)
    C. Urbanized Area Formula Program (49 U.S.C. 5307)
    D. Clean Fuels Formula Program (49 U.S.C. 5308)
    E. Capital Investment Program (49 U.S.C. 5309)--Fixed Guideway 
Modernization
    F. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-
Related Facilities
    G. Capital Investment Program (49 U.S.C. 5309)--New Starts and 
Small Starts
    H. Special Needs of Elderly Individuals and Individuals With 
Disabilities Program (49 U.S.C. 5310)
    I. Nonurbanized Area Formula Program (49 U.S.C. 5311)
    J. Rural Transportation Assistance Program (49 U.S.C. 
5311(b)(3))
    K. Public Transportation on Indian Reservation Program (49 
U.S.C. 5311(c))
    L. National Research Program (49 U.S.C. 5314)
    M. Job Access and Reverse Commute Program (49 U.S.C. 5316)
    N. New Freedom Program (49 U.S.C. 5317)
    O. Paul S. Sarbanes Transit in Parks Program (49 U.S.C. 5320)
    P. Alternatives Analysis Program (49 U.S.C. 5339)
    Q. Growing States and High Density States Formula (49 U.S.C. 
5340)
    R. Over-the-Road Bus Accessibility Program (49 U.S.C. 5310 note)
    S. Grants for Energy Efficiency and Greenhouse Gas Reduction 
(TIGGER) Program
    T. Washington Metropolitan Area Transit Authority Grants
V. FTA Policy and Procedures for FY 2010 Grants Requirements
    A. Automatic Pre-Award Authority to Incur Project Costs
    B. Letter of No Prejudice (LONP) Policy
    C. FTA FY 2010 Annual List of Certifications and Assurances
    D. FHWA Funds Used for Transit Purposes
    E. Grant Application Procedures
    F. Payments
    G. Oversight
    H. Technical Assistance
Tables
    1. FTA FY 2010 Appropriations and Apportionments for Grant 
Programs
    2. FTA FY 2010 Metropolitan Planning Program and Statewide 
Planning and Research Program Apportionments
    3. FTA FY 2010 Section 5307 and Section 5340 Urbanized Area 
Apportionments
    3-A. 2000 Census Urbanized Areas 200,000 or More in Population 
Eligible to Use Section 5307 Funds for Operating Assistance.
    4. FTA FY 2010 Section 5307 Apportionment Formula
    5. FTA FY 2010 Formula Programs Apportionments Data Unit Values
    6. FTA FY 2010 Small Transit Intensive Cities Performance Data 
and Apportionments
    7. FTA Prior Year Unobligated Section 5308 Clean Fuels 
Allocations
    8. FTA FY 2010 Section 5309 Fixed Guideway Modernization 
Apportionments
    9. FTA FY 2010 Fixed Guideway Modernization Program 
Apportionment Formula
    10. FTA FY 2010 Section 5309 Buses and Bus Related Equipment and 
Facilities Allocations
    10-A. FTA Prior Year Unobligated Section 5309 Buses and Bus 
Related Equipment and Facilities Allocations
    10-B. FTA FY 2010 Section 5309 Buses and Bus Related Equipment 
and Facilities Extended and Reprogrammed Earmarks
    11. FTA FY 2010 Section 5309 New Starts Allocations
    12. FTA Prior Year Unobligated Section 5309 New Starts 
Allocations
    13. FTA FY 2010 Special Needs For Elderly Individuals and 
Individuals With Disabilities Apportionments
    14. FTA FY 2010 Section 5311 and Section 5340 Nonurbanized Area 
Formula Apportionments, and Rural Transportation Assistance Program 
(RTAP) Allocations
    15. FTA Prior Unobligated Tribal Transit Discretionary 
Allocations
    16. FTA FY 2010 Section 5316 Job Access and Reverse Commute 
(JARC) Apportionments
    17. FTA Prior Unobligated Discretionary JARC Allocations
    18. FTA FY 2010 Section 5317 New Freedom Apportionments
    19. FTA FY 2010 Section 5339 Alternatives Analysis Allocations
    20. FTA Prior Year Unobligated Section 5339 Alternatives 
Analysis Allocations
Appendix

I. Overview

    FTA's current authorization, the Safe, Accountable, Flexible, 
Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 
expired September 30, 2009. Since that time, Congress has enacted short 
term extensions allowing FTA to continue its current programs. The 
Continuing Appropriations Resolution, 2010, as amended, (Pub. L. 111-
68, Div. B), continues the authorization of the Federal transit 
programs of the U.S. Department of Transportation (DOT) through 
February 28, 2010. It extends contract authority for the Formula and 
Bus Grants programs at the same levels that were available under the 
Omnibus Appropriations, 2009 (Pub. L. 111-8, Div. I) until February 28, 
2010, i.e., approximately \5/12\th of the contract authority available 
in fiscal year (FY) 2009. Additionally, Division A of the 
Transportation, Housing and Urban Development, and Related Agencies 
Appropriations Act 2010 (Pub. L. 111-68), which was signed into law by 
President Obama on December 16, 2009, appropriated funds for FTA 
general-funded programs for FY 2010. This notice provides information 
on funding amounts that are currently available for FTA assistance 
programs.

[[Page 7049]]

    This document apportions or allocates available FY 2010 funds that 
were made available under Division A of the Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act 2010 
hereinafter, (``Appropriations Act, 2010'') and the Continuing 
Appropriations Resolution, 2010, as amended, hereinafter, (``CR, 
2010'') among potential program recipients according to statutory 
formulas in 49 U.S.C. Chapter 53 and existing Full Funding Grant 
Agreements. The notice includes FY 2010 formula and section 5309 bus 
category funds that are currently available, which is approximately \5/
12\ or 41% of the amounts that were available under the Omnibus 
Appropriations Act, 2009. The notice does not include any extension or 
reprogramming of any discretionary funds that lapsed to the designated 
project as of September 30, 2009. FTA will issue a supplemental notice 
at a later date for any additional increments of formula and 
discretionary funds that become available.
    For each FTA program included in this notice, we have provided 
relevant information on the FY 2010 funding currently available, 
program requirements, period of availability, and other related program 
information and highlights, as appropriate. A separate section of the 
document provides information on program requirements and guidance that 
are applicable to all FTA programs.

II. FY 2010 Funding for FTA Programs

A. Funding Based on the Appropriations Act, 2010 (Pub. L.) and CR, 2010

    The Appropriations Act, 2010 provide general funds and obligation 
authority trust funds from the Mass Transit Account (MTA) of the 
Highway trust fund that total $4.1 billion for FTA programs. The CR 
2010 makes available \5/12\ths of the contract authority level provided 
in FY 2009 for the Formula and Section 5309 Bus programs. Table 1 of 
this document shows the funding that is currently available for the FTA 
programs. All Formula Programs and the Section 5309 Bus and Bus-Related 
Facilities Program are funded entirely from MTA of the Highway Trust 
Fund in FY 2010. The Section 5309 New Starts Program, the Research 
Program, Washington Metropolitan Transit Authority, Transit Investments 
for Greenhouse Gas and Energy Reduction (TIGGER) Program and FTA 
administrative expenses are funded by appropriations from the General 
Fund of the Treasury.
    This Federal Register notice includes tables of apportionments and 
allocations for FTA formula programs based on the Appropriations Act, 
2010 and the CR, 2010. Additionally, discretionary funding under the 
New Starts, Bus and Bus facilities, Alternative Analysis and the 
Washington Metropolitan Transit Authority Programs that were allocated 
in the Appropriations Act, 2010 are also included.

B. Program Funds Set-Aside for Project Management Oversight

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

III. FY 2010 FTA Program Initiatives and Changes

A. Binding Guidance or Policy Documents

    Before any requirements placing binding obligations on grantees are 
finalized, FTA will publish and make them available for public comment. 
We encourage grantees to regularly check the FTA Web site at https://www.fta.dot.gov and the U.S. Government docket management Web site at 
https://regulations.gov for new issuances and to comment to the docket 
established for each document on relevant issues.

B. Planning Emphasis Areas--Planning for Sustainable Communities

    FTA and the Federal Highway Administration (FHWA) periodically 
identify Planning Emphasis Areas (PEAs) to promote priority themes for 
consideration, as appropriate, in metropolitan and statewide 
transportation planning processes. For FY 2010, ``planning for 
sustainable communities'' has been identified as the emphasis area. To 
support effective practice and capacity-building on this topic, FTA and 
FHWA will prepare and distribute an inventory of current practice, 
guidance, and training and offer targeted technical assistance. 
Opportunities for peer exchange of ideas and experiences on innovative 
practice on the topic will be provided throughout the year.
    For further information on this emphasis area, contact Jeff Price, 
FTA Office of Systems Planning, (202) 366-4280.

C. Livability

    FTA fosters 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 interagency partnership to 
help improve access to affordable housing, more transportation options, 
and lower transportation costs, while protecting the environment. The 
three agencies are coordinating Federal transportation, environmental 
protection, and housing investments at their respective agencies to 
support sustainable communities for American families in rural, 
suburban and urban areas.
    During FY 2010, FTA will implement the Livability Bus and Urban 
Circulator Programs, which will result in a minimum of $280 million in 
funding for

[[Page 7050]]

projects that demonstrate livability principles by providing more 
transportation choices; enhancing economic competitiveness; enhancing 
existing communities; coordinating policies and leveraging investments; 
and valuing communities and neighborhoods.

D. Flexible Funding Procedures

    Flexible funding was one of the hallmarks of the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA) that was continued to the 
present day. Flexible funding provisions enable State and local 
governments, transit operators, and metropolitan planning organizations 
to more effectively meet their unique needs, and facilitate a 
multimodal approach to meeting transportation needs at both the 
statewide and metropolitan levels. The statutory flexibility provisions 
include:
    1. Broad highway/transit spending eligibility within selected 
categories of major highway and transit programs;
    2. Allowance of the transfer of funds within the Federal-aid 
highway program to other programs with broader highway/transit 
eligibility; and
    3. Allowance of the transfer of funds from FHWA to FTA, and vice 
versa.
    Obligation authority for flexible funds, high priority projects and 
other transit projects in Title 23 U.S.C., is transferred to FTA when 
States and local agencies determine that FTA will administer the public 
transportation project. The liquidating cash, however, is transferred 
between Federal accounts only as needed to ensure that adequate funds 
are available for disbursement on a timely basis. In order to track the 
cash flow more closely, FTA no longer combines funds transferred from 
FHWA into a single grant with FTA funds in the program to which they 
are transferred. FTA has established codes and procedures for grants 
involving funds transferred from FHWA. Grantees can contact the 
appropriate regional office for funding assistance.

E. Changes in Match for Biodiesel Vehicles and Hybrid Retrofits

    Section 164 of the Appropriations Act 2010, provides that any grant 
for a project that involves the acquisition or rehabilitation of a bus 
to be used in public transportation shall be funded at 90 percent 
Federal share for the net capital costs of a biodiesel bus or a 
factory-installed or retrofitted hybrid electric propulsion system and 
any equipment related to such a system. This increased Federal share is 
a cross-cutting provision and is applicable across FTA programs for any 
grants awarded during FY 2010 regardless of what fiscal year funding is 
used. Grantees may apply for a 90 percent Federal share for the entire 
cost of a biodiesel bus, but only for the cost of the propulsion system 
and related equipment in the case of the hybrid electric systems, not 
for 90 percent of the cost of the entire vehicle. In lieu of 
calculating the costs of the hybrid electric propulsion system 
separately, grantees may apply for 83 percent of the cost of the 
vehicle.

IV. FTA Programs

    This section of the notice provides the available FY 2010 funding 
to date and/or other important program-related information for 19 
separate FTA programs that are contained in this notice. Funding for 
eleven programs is apportioned by statutory or administrative formula. 
Funding for the other eight programs will be allocated on a 
discretionary or competitive basis.
    Funding and/or other important information for each of the 19 
programs is presented immediately below. This includes program 
apportionments or allocations, certain program requirements, length of 
time FY 2010 funding is available for obligation and other significant 
program information pertaining to FY 2010.

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

    Section 5305(d) authorizes Federal funding to support a 
cooperative, continuous, and comprehensive planning program for 
transportation investment decision-making at the metropolitan area 
level. The specific requirements of metropolitan transportation 
planning are set forth in 49 U.S.C. 5303 and further explained in 23 
CFR part 450, as incorporated by reference in 49 CFR part 613, 
Statewide Transportation Planning; Metropolitan Transportation 
Planning; Final Rule. State Departments of Transportation are direct 
recipients of funds allocated by FTA, which are then suballocated to 
Metropolitan Planning Organizations (MPOs) by formula, for planning 
activities that support the economic vitality of the metropolitan area, 
especially by enabling global competitiveness, productivity, and 
efficiency; increasing the safety and security of the transportation 
system for motorized and non-motorized users; increasing the 
accessibility and mobility options available to people and for freight; 
protecting and enhancing the environment, promoting energy 
conservation, and improving quality of life; enhancing the integration 
and connectivity of the transportation system, across and between 
modes, for people and freight; promoting efficient transportation 
system management and operation; and emphasizing the preservation of 
the existing transportation system. This funding must support work 
elements and activities resulting in balanced and comprehensive 
intermodal transportation planning for the movement of people and goods 
in the metropolitan area. Comprehensive transportation planning is not 
limited to transit planning or surface transportation planning, but 
also encompasses the relationships among land use and all 
transportation modes, without regard to the programmatic source of 
Federal assistance. Eligible work elements or activities include, but 
are not limited to studies relating to management, mobility management, 
planning, operations, capital requirements, and economic feasibility; 
evaluation of previously funded projects; peer reviews and exchanges of 
technical data, information, assistance, and related activities in 
support of planning and environmental analysis among MPOs and other 
transportation planners; work elements and related activities 
preliminary to and in preparation for constructing, acquiring, or 
improving the operation of facilities and equipment; development of 
coordinated public transit human services transportation plans. An 
exhaustive list of eligible work activities is provided in FTA Circular 
8100.1C, Program Guidance for Metropolitan Planning and State Planning 
and Research Program Grants, dated September 1, 2008. For more about 
the Metropolitan Planning Program and the FTA Circular 8100.1C, contact 
James Garland, Office of Planning and Environment at (202) 366-0526.
1. FY 2010 Funding Availability
    CR 2010 provides $38,841,000 to the Metropolitan Planning Program 
(49 U.S.C. 5305(d) to support metropolitan transportation planning 
activities set forth in 49 U.S.C. 5303. The total amount apportioned 
for the Metropolitan Planning Program to States for MPOs' use in 
urbanized areas (UZAs) is $38,646,795, as shown in the table below, 
after the deduction for oversight.

                      Metropolitan Planning Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................     $38,841,000
Oversight Deduction.....................................       -$194,205
                                                         ---------------
  Total Apportioned.....................................     $38,646,795
------------------------------------------------------------------------

    States' apportionments for this program are displayed in Table 2

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2. Basis for Formula Apportionments.
    As specified in law, 82.72 percent of the amounts authorized for 
Section 5305 are allocated to the Metropolitan Planning program. FTA 
allocates Metropolitan Planning funds to the States according to a 
statutory formula. Eighty percent of the funds are distributed to the 
States as a basic allocation based on each State's UZA population, 
based on the most recent decennial Census. The remaining 20 percent is 
provided to the States as a supplemental allocation based on an FTA 
administrative formula to address planning needs in the larger, more 
complex UZAs. The amount published for each State is a combined total 
of both the basic and supplemental allocation.
3. Program Requirements
    The State allocates Metropolitan Planning funds to MPOs in UZAs or 
portions thereof to provide funds for projects included in an annual 
work program (the Unified Planning Work Program, or UPWP) that includes 
both highway and transit planning projects. Each State has either 
reaffirmed or developed, in consultation with their MPOs, an allocation 
formula, based on the 2000 Census. The State allocation formula may be 
changed annually, but any change requires approval by the FTA regional 
office before grant approval. Program guidance for the Metropolitan 
Planning Program is found in FTA Circular 8100.1C, Program Guidance for 
Metropolitan Planning and State Planning and Research Program Grants, 
dated September 1, 2008. For more about the Metropolitan Planning 
Program and the FTA Circular 8100.1C, contact James Garland of the 
Office of Planning and Environment at (202) 366-0526.
4. Period of Availability
    The funds apportioned under the Metropolitan Planning program to 
each State remain available for obligation by FTA to recipients for 
four fiscal years--which includes the year of apportionment plus three 
additional years. Any apportioned funds that remain unobligated at the 
close of business on September 30, 2013, will revert to FTA for 
reapportionment under the Metropolitan Planning Program.
5. Consolidated Planning Grants
    FTA and FHWA planning funds under both the Metropolitan Planning 
and State Planning and Research Programs can be consolidated into a 
single consolidated planning grant (CPG), awarded by either FTA or 
FHWA. The CPG eliminates the need to monitor individual fund sources, 
if several have been used, and ensures that the oldest funds will 
always be used first. Unlike ``flex funds'' for capital programs, 
planning funds from FHWA may be combined with FTA planning funds in a 
single grant. Alternatively, FTA planning funds may be transferred to 
FHWA to be administered as combined grants.
    Under the CPG, States can report metropolitan planning program 
expenditures (to comply with the Single Audit Act) for both FTA and 
FHWA under the Catalogue of Federal Domestic Assistance number for 
FTA's Metropolitan Planning Program (20.505). Additionally, for States 
with an FHWA Metropolitan Planning (PL) fund-matching ratio greater 
than 80 percent, the State can waive the 20 percent local share 
requirement, with FTA's concurrence, to allow FTA funds used for 
metropolitan planning in a CPG to be granted at the higher FHWA rate. 
For some States, this Federal match rate can exceed 90 percent.
    States interested in transferring planning funds between FTA and 
FHWA should contact the FTA Regional Office or FHWA Division Office for 
more detailed procedures. Current guidelines are included in Federal 
Highway Administration Memorandum dated July 12, 2007, ``Information: 
Final Transfers to Other Agencies that Administer Title 23 Programs.''
    For further information on CPGs, contact Nancy Grubb, Office of 
Budget and Policy, FTA, at (202) 366-1635.

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

    This program provides financial assistance to States for Statewide 
transportation planning and other technical assistance activities, 
including supplementing the technical assistance program provided 
through the Metropolitan Planning program. The specific requirements of 
Statewide transportation planning are set forth in 49 U.S.C. 5304 and 
further explained in 23 CFR part 450 as referenced in 49 CFR part 613, 
Statewide Transportation Planning; Metropolitan Transportation 
Planning; Final Rule. This funding must support work elements and 
activities resulting in balanced and comprehensive intermodal 
transportation planning for the movement of people and goods. 
Comprehensive transportation planning is not limited to transit 
planning or surface transportation planning, but also encompasses the 
relationships among land use and all transportation modes, without 
regard to the programmatic source of Federal assistance. For more 
information, contact James Garland of the Office of Planning and 
Environment at (202) 366-0526.
1. FY 2010 Funding Availability
    CR 2010 provides $8,114,000 to the State Planning and Research 
Program (49 U.S.C. 5305). The total amount apportioned for the State 
Planning and Research Program (SPRP) is $8,073,430 as shown in the 
table below, after the deduction for oversight (authorized by 49 U.S.C. 
5327).

                   State Planning and Research Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................      $8,114,000
Oversight Deduction.....................................        -$40,570
                                                         ---------------
  Total Apportioned.....................................      $8,073,430
------------------------------------------------------------------------

    State apportionments for this program are displayed in Table 2.
2. Basis for Apportionment Formula
    As specified in law, 17.28 percent of the amounts authorized for 
Section 5305 are allocated to the State Planning and Research program. 
FTA apportions funds to States by a statutory formula that is based on 
the most recent decennial Census, and the State's UZA population as 
compared to the UZA population of all States.
3. Requirements
    Funds are provided to States for Statewide transportation planning 
programs. These funds may be used for a variety of purposes such as 
planning, technical studies and assistance, demonstrations, and 
management training. In addition, a State may authorize a portion of 
these funds to be used to supplement Metropolitan Planning funds 
allocated by the State to its UZAs, as the State deems appropriate. 
Program guidance for the State Planning and Research program is found 
in FTA Circular 8100.1C. This funding must support work elements and 
activities resulting in balanced and comprehensive intermodal 
transportation planning for the movement of people and goods. 
Comprehensive transportation planning is not limited to transit 
planning or surface transportation planning, but also encompasses the 
relationships among land use and all transportation modes, without 
regard to the programmatic source of Federal assistance. Eligible work 
elements or activities include, but are not limited to studies relating 
to management, planning, operations, capital requirements, and economic 
feasibility; evaluation of previously

[[Page 7052]]

funded projects; peer reviews and exchanges of technical data, 
information, assistance, and related activities in support of planning 
and environmental analysis; work elements and related activities 
preliminary to and in preparation for constructing, acquiring, or 
improving the operation of facilities and equipment. An exhaustive list 
of eligible work activities is provided in FTA Circular 8100.1C, 
Program Guidance for Metropolitan Planning and State Planning and 
Research Program Grants, dated September 1, 2008. For more information, 
contact James Garland of the Office of Planning and Environment at 
(202) 366-0526.
4. Period of Availability
    The funds apportioned under the State Planning and Research program 
to each State remain available for obligation for four fiscal years--
which include the year of apportionment plus three additional fiscal 
years. Any apportioned funds that remain unobligated at the close of 
business on September 30, 2013, will revert to FTA for reapportionment 
under the State Planning and Research Program.
5. Other Program or Apportionment Related Information and Highlights
    See Section A.5 of this notice for information about Planning 
Emphasis Areas and Consolidated Planning Grants.

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

    Section 5307 authorizes Federal capital assistance, and in some 
cases, operating assistance for public transportation in UZAs. A UZA is 
an area with a population of 50,000 or more that has been defined and 
designated as such in the 2000 Census by the U.S. Census Bureau. The 
Urbanized Area Formula Program funds may also be used to support 
planning activities, and may supplement planning projects funded under 
the Metropolitan Planning program. Urbanized Areas Formula Program 
funds used for planning must be shown in the Unified Planning Work 
Program (UPWP) for MPO(s) with responsibility for that area. Funding is 
apportioned directly to each UZA with a population of 200,000 or more, 
and to the State Governors for UZAs with populations between 50,000 and 
200,000. Eligible applicants are limited to entities designated as 
recipients in accordance with 49 U.S.C. 5307(a)(2) and other public 
entities with the consent of the Designated Recipient. Generally, 
operating assistance is not an eligible expense for UZAs with 
populations of 200,000 or more. However, there are several exceptions 
to this restriction. The exceptions are described in section 3(d)(5) 
below.
    For more information about the Urbanized Area Formula Program 
contact Kimberly Sledge, Office of Transit Programs, at (202) 366-1660.
1. FY 2010 Funding Availability
    CR 2010 provides $1,721,140,000 to the Urbanized Area Formula 
Program (49 U.S.C. 5307). The total amount apportioned for the 
Urbanized Area Formula Program is $1,870,317,082 as shown in the table 
below, after the 0.75 percent deduction for oversight (authorized by 49 
U.S.C. 5327) and including funds apportioned to UZAs from the 
appropriation for Section 5340 for Growing States and High Density 
States.

                     Urbanized Area Formula Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation...................................               \a\
                                                          $1,721,140,000
Oversight Deduction...................................      -$12,908,550
Section 5340 Funds Added..............................      $162,085,632
                                                       -----------------
  Total Apportioned...................................    $1,870,317,082
------------------------------------------------------------------------
\a\ One percent set-aside for Small Transit Intensive Cities Formula.

    Table 3 displays the amounts apportioned under the Urbanized Area 
Formula Program.
2. Basis for Formula Apportionment
    FTA apportions Urbanized Area Formula Program funds based on 
legislative formulas. Different formulas apply to UZAs with populations 
of 200,000 or more and to UZAs with populations less than 200,000. For 
UZAs with 50,000 to 199,999 in population, the formula is based solely 
on population and population density. For UZAs with populations of 
200,000 and more, the formula is based on a combination of bus revenue 
vehicle miles, bus passenger miles, fixed guideway revenue vehicle 
miles, and fixed guideway route miles, as well as population and 
population density. Table 4 includes detailed information about the 
formulas.
    To calculate a UZA's FY 2010 apportionment, FTA used population and 
population density statistics from the 2000 Census and (when 
applicable) validated mileage and transit service data from transit 
providers' 2008 National Transit Database (NTD) Report Year. Consistent 
with 49 U.S.C. 5336(b), FTA used 60 percent of the directional route 
miles attributable to the Alaska Railroad passenger operations system 
to calculate the apportionment for the Anchorage, Alaska UZA.
    FTA has calculated dollar unit values for the formula factors used 
in the Urbanized Area Formula Program apportionment calculations. These 
values represent the amount of money each unit of a factor is worth in 
this year's apportionment. The unit values change each year, based on 
all of the data used to calculate the apportionments. The dollar unit 
values for FY 2010 are displayed in Table 5. To replicate the basic 
formula component of a UZA's apportionment, multiply the dollar unit 
value by the appropriate formula factor (i.e., the population, 
population x population density), and when applicable, data from the 
NTD (i.e., route miles, vehicle revenue miles, passenger miles, and 
operating cost).
    In FY 2010, one percent of funds appropriated for Section 5307, or 
$17,211,000 based on CR 2010 is set aside for Small Transit Intensive 
Cities (STIC). FTA apportions these funds to UZAs under 200,000 in 
population that operate at a level of service equal to or above the 
industry average level of service for all UZAs with a population of at 
least 200,000, but not more than 999,999, in one or more of six 
performance categories: passenger miles traveled per vehicle revenue 
mile, passenger miles traveled per vehicle revenue hour, vehicle 
revenue miles per capita, vehicle revenue hours per capita, passenger 
miles traveled per capita, and passengers per capita.
    The data for these categories for the purpose of FY 2010 
apportionments comes from the NTD reports for the 2008 reporting year. 
This data is used to determine a UZA's eligibility under the STIC 
formula, and is also used in the STIC apportionment calculations. 
Because these performance data change with each year's NTD reports, the 
UZAs eligible for STIC funds and the amount each receives may vary each 
year. In FY 2010, FTA apportioned $56,826 for each performance factor/
category for which the urbanized area exceeded the national average for 
UZAs with a population of at least 200,000 but not more than 999,999.
    In addition to the funds apportioned to UZAs, according to the 
Section 5307 formula factors contained in 49 U.S.C. 5336, FTA also 
apportions funds to urbanized areas under Section 5340 Growing States 
and High Density States formula factors. In FY 2010, FTA apportions 
$65,900,632 to UZAs in growing States and $96,185,000 to UZAs in High 
Density States. Half of the funds appropriated for Section 5340 are 
available to Growing States and half to High Density States. FTA 
apportions

[[Page 7053]]

Growing States funds by a formula based on State population forecasts 
for 15 years beyond the most recent Census. FTA distributes the amounts 
apportioned for each State between UZAs and nonurbanized areas based on 
the ratio of urbanized/nonurbanized population within each State in the 
2000 census, and to UZAs proportionately based on UZA population in the 
2000 census (because population estimates are not available at the UZA 
level). FTA apportions the High Density States funds to States with 
population densities in excess of 370 persons per square mile. These 
funds are apportioned only to UZAs within those States. FTA pro-rates 
each UZA's share of the High Density funds based on the population of 
the UZAs in the State in the 2000 census.
    FTA cannot provide unit values for the Growing States or High 
Density formulas because the allocations to individual States and 
urbanized areas are based on their relative population data, rather 
than on a national per capita basis.
    Based on language in the conference report accompanying SAFETEA-LU, 
FTA is to show a single apportionment amount for Section 5307, STIC and 
Section 5340. FTA shows a single Section 5307 apportionment amount for 
each UZA in Table 3, the Urbanized Area Formula apportionments. The 
amount includes funds apportioned based on the Section 5307 formula 
factors, any STIC funds, and any Growing States and High Density States 
funding allocated to the area. FTA uses separate formulas to calculate 
and generate the respective apportionment amounts for the Section 5307, 
STIC and Section 5340. For technical assistance purposes, the UZAs that 
received STIC funds are listed in Table 6. FTA will make available 
breakouts of the funding allocated to each UZA under these formulas, 
upon request to the regional office.
3. Program Requirements
    Program guidance for the Urbanized Area Formula Program is 
currently found in FTA Circular 9030.1C, Urbanized Area Formula 
Program: Grant Application Instructions, dated October 1, 1998, and 
supplemented by additional information or changes provided in this 
document. FTA is in the process of updating the circular. The public 
comment period on the proposed circular closed on November 30, 2009. 
FTA anticipates publishing the final circular by March 31, 2010. 
Several important program requirements are highlighted below.
a. Urbanized Area Formula Apportionments to Governors
    For small UZAs, those with a population of less than 200,000, FTA 
apportions funds to the Governor of each State for distribution. A 
single total Governor's apportionment amount for the Urbanized Area 
Formula, STIC, and Growing States and High Density States is shown in 
the Urbanized Area Formula Apportionment Table 3. The table also shows 
the apportionment amount attributable by formula to each small UZA 
within the State for information purposes only unless the small UZA is 
located within the planning boundaries of a Transportation Management 
Area (TMA). The Governor is not bound by the small UZA amounts 
published in this notice and shall determine the sub-allocation of 
funds among the small UZAs. The Governor's sub-allocation should be 
sent to the appropriate FTA Regional Office before grants being 
awarded. In the case of a small UZA that is located within the planning 
boundaries of TMA, the Governor must allocate to that small UZA, as 
discussed in subsection f below.
b. Transit Enhancements
    Section 5307(d)(1)(K) requires that one percent of Section 5307 
funds apportioned to UZAs with populations of 200,000 or more be spent 
on eligible transit enhancement activities or projects. This 
requirement is now treated as a certification, rather than as a set-
aside as was the case under the Transportation Equity Act for the 21st 
Century (TEA-21). Designated recipients in UZAs with populations of 
200,000 or more certify they are spending not less than one percent of 
Section 5307 funds for transit enhancements. In addition, Designated 
Recipients must submit an annual report on how they spent the money 
with the Federal fiscal year's final quarterly progress report in TEAM-
Web. The report should include the following elements: (1) Grantee 
name; (2) UZA name and number; (3) FTA project number; (4) transit 
enhancement category; (5) brief description of enhancement and progress 
towards project implementation; (6) activity line item code from the 
approved budget; and (7) amount awarded by FTA for the enhancement. The 
list of transit enhancement categories and activity line item (ALI) 
codes may be found in the table of Scope and ALI codes on TEAM-Web, 
which can be accessed at https://FTATEAMWeb.fta.dot.gov.
    The term ``transit enhancement'' includes projects or project 
elements that are designed to enhance public transportation service or 
use and are physically or functionally related to transit facilities. 
Eligible enhancements include the following: (1) Historic preservation, 
rehabilitation, and operation of historic mass transportation 
buildings, structures, and facilities (including historic bus and 
railroad facilities); (2) bus shelters; (3) landscaping and other 
scenic beautification, including tables, benches, trash receptacles, 
and street lights; (4) public art; (5) pedestrian access and walkways; 
(6) bicycle access, including bicycle storage facilities and installing 
equipment for transporting bicycles on mass transportation vehicles; 
(7) transit connections to parks within the recipient's transit service 
area; (8) signage; and (9) enhanced access for persons with 
disabilities to mass transportation.
    It is the responsibility of the MPO to determine how the one-
percent for transit enhancements will be allotted to transit projects. 
The one percent minimum requirement does not preclude more than one 
percent from being expended in a UZA for transit enhancements. However, 
activities that are only eligible as enhancements--in particular, 
operating costs for historic facilities--may be assisted only within 
the one-percent funding level.
c. Transit Security Projects
    Consistent with section 5307(d)(1)(J), each recipient of Urbanized 
Area Formula funds must certify that of the amount received each fiscal 
year, it will expend at least one percent on ``public transportation 
security projects'' or must certify that it has decided the expenditure 
is not necessary. For applicants not eligible to receive Section 5307 
funds for operating assistance, only capital security projects may be 
funded with the one percent. SAFETEA-LU, however, expanded the 
definition of eligible ``capital'' projects to include specific crime 
prevention and security activities, including: (1) Projects to refine 
and develop security and emergency response plans; (2) projects aimed 
at detecting chemical and biological agents in public transportation; 
(3) the conduct of emergency response drills with public transportation 
agencies and local first response agencies; and (4) security training 
for public transportation employees, but excluding all expenses related 
to operations, other than such expenses incurred in conducting 
emergency drills and training. Activity Line Item (ALI) codes have been 
established for these four new capital activities and will be used to 
track the

[[Page 7054]]

use of this provision. The one percent may also include security 
expenditures included within other capital activities, and, where the 
recipient is eligible, operating assistance.
    FTA is often called upon to report to Congress and others on how 
grantees are expending Federal funds for security enhancements. To 
facilitate tracking of grantees' security expenditures, which are not 
always evident when included within larger capital or operating 
activity line items in the grant budget, we have established a non-
additive (``non-add'') scope code for security expenditures--Scope 991. 
The non-add scope is to be used to aggregate activities included in 
other scopes, and it does not increase the budget total. Section 5307 
grantees should include this non-add scope in the project budget for 
each new Section 5307 grant application or amendment. Under this non-
add scope, the applicant should repeat the full amount of any of the 
line items in the budget that are exclusively for security and include 
the portion of any other line item in the project budget that is 
attributable to security, using under the non-add scope the same line 
item used in the project budget. The grantee can modify the ALI 
description or use the extended text feature, if necessary, to describe 
the security expenditures.
    The grantee must provide information regarding its use of the one 
percent for security as part of each Section 5307 grant application, 
using a special screen in TEAM-Web. If the grantee has certified that 
it is not necessary to expend one percent for security, the Section 
5307 grant application must include information to support that 
certification. FTA will not process an application for a Section 5307 
grant until the security information is complete.
d. FY 2010 Operating Assistance
    UZAs under 200,000 in population may use Section 5307 funds for 
operating assistance. In addition, Section 5307, as amended, allows 
some UZAs with a population of 200,000 or more to use Urbanized Area 
Formula funds for operating assistance under certain conditions. CR, 
2010 extends that eligibility until February 28, 2010. The specific 
provisions allowing the limited use of operating assistance in large 
UZAs follow:
    (1) Section 5307(b)(1)(E) provides for grants for the operating 
costs of equipment and facilities for use in public transportation in 
the Evansville, IN-KY urbanized area, for a portion or portions of the 
UZA if ``the portion'' of the UZA includes only one State, the 
population of ``the portion'' is less than 30,000, and the grants will 
be not used to provide public transportation outside of ``the portion'' 
of the UZA.
    (2) Section 5307(b)(1)(F) provides operating costs of equipment and 
facilities for use in public transportation for local governmental 
authorities in areas which adopted transit operating and financing 
plans that became a part of the Houston, Texas, UZA as a result of the 
2000 decennial census of population, but lie outside the service area 
of the principal public transportation agency that serves the Houston 
UZA.
    (3) Section 5336(a)(2) prescribes the formula to be used to 
apportion Section 5307 funds to UZAs with population of 200,000 or 
more. SAFETEA-LU amended 5336(a)(2) to add language that stated, ``* * 
* except that the amount apportioned to the Anchorage urbanized area 
under subsection (b) shall be available to the Alaska Railroad for any 
costs related to its passenger operations.'' This language has the 
effect of directing that funds apportioned to the Anchorage urbanized 
area, under the fixed guideway tiers of the Section 5307 apportionment 
formula, be made available to the Alaska Railroad, and that these funds 
may be used for any capital or operating costs related to its passenger 
operations.
    (4) Section 3027(c)(3) of TEA-21, as amended (49 U.S.C. 5307 note), 
provides an exception to the restriction on the use of operating 
assistance in a UZA with a population of 200,000 or more, by allowing 
transit providers/grantees that provide service exclusively to elderly 
persons and persons with disabilities and that operate 20 or fewer 
vehicles to use Section 5307 funds apportioned to the UZA for operating 
assistance. The total amount of funding made available for this purpose 
under Section 3027(c)(3) is $1.4 million. Transit providers/grantees 
eligible under this provision have already been identified and 
notified.
    (5) Consistent with the SAFETEA-LU Technical Corrections Act, 2008, 
in FY 2009, section 5307(b)(2) allowed (1) UZAs that grew in population 
from under 200,000 to over 200,000 or that were under 200,000 but 
merged into another urbanized area and the population is over 200,000, 
as a result of the 2000 Census to use Section 5307 funds for operating 
assistance in an amount up to 50 percent of the grandfathered amount 
for FY 2002 funds; (2) Areas that were nonurbanized under the 1990 
Census and became urbanized, as a result of the 2000 Census, to use no 
more than 50 percent of the amount apportioned to the area for FY 2003 
for operating assistance; and (3) nonurbanized areas under the 1990 
Census that merged into urbanized areas over 200,000, as a result of 
the 2000 Census, to use 50 percent of the amount the area received in 
FY 2002 Section 5311 funding for operating assistance. CR 2010 
continued these special rules for the period October 1, 2009 through 
February 28, 2010.
e. Sources of Local Match
    Consistent with to Section 5307(e), the Federal share of an 
urbanized area formula grant is 80 percent of net project cost for a 
capital project and 50 percent of net project cost for operating 
assistance unless the recipient indicates a greater local share. The 
remainder of the net project cost (i.e., 20 percent and 50 percent, 
respectively) shall be provided from the following sources:
    1. From non-Government sources other than revenues from providing 
public transportation services;
    2. From revenues derived from the sale of advertising and 
concessions;
    3. From an undistributed cash surplus, a replacement or 
depreciation cash fund or reserve, or new capital;
    4. From amounts received under a service agreement with a State or 
local social service agency or private social service organization; and
    5. Proceeds from the issuance of revenue bonds.
    6. Funds from Section 403(a)(5)(C)(vii) of the Social Security Act 
(42 U.S.C. 603(a)(5)(C)(vii)) can be used to match Urbanized Area 
Formula funds.
f. Designated Transportation Management Areas (TMA)
    Guidance for setting the boundaries of TMAs is in the joint 
transportation planning regulations codified at 23 CFR part 450 as 
referenced in 49 CFR part 613. In some cases, the TMA planning 
boundaries established by the MPO for the designated TMA includes one 
or more small UZAs. In addition, one small UZA (Santa Barbara, CA) has 
been designated as a TMA. In either of these situations, the Governor 
cannot allocate ``Governor's Apportionment'' funds attributed to the 
small UZAs to other areas; that is, the Governor only has discretion to 
allocate Governor's Apportionment funds attributable to areas that are 
outside of designated TMA planning boundaries.
    The list of small UZAs included within the planning boundaries of 
designated TMAs is provided in the table below.

[[Page 7055]]



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

    The MPO must notify the Associate Administrator for Program 
Management, Federal Transit Administration, 1200 New Jersey Avenue, SE, 
Washington, DC 20590, in writing, no later than July 1 of each year of 
the identity of any small UZA within the planning boundaries of a TMA.
g. Urbanized Area Formula Funds Used for Highway Purposes
    Funds apportioned to a TMA are eligible for transfer to FHWA for 
highway projects, if the Designated Recipient has allocated a portion 
of the area's Section 5307 funding for such use. However, before funds 
can be transferred, the following conditions must be met: (1) approval 
by the MPO in writing, after appropriate notice and opportunity for 
comment and appeal are provided to affected transit providers; (2) a 
determination of the Secretary that funds are not needed for 
investments required by the Americans with Disabilities Act of 1990 
(ADA); and (3) the MPO determines that local transit needs are being 
addressed.
    The MPO should notify the appropriate FTA Regional Administrator of 
its intent to use FTA funds for highway purposes, as prescribed in 
section V.D below. Urbanized Area Formula funds that are designated by 
the MPO for highway projects and meet the conditions cited in the 
previous paragraph will be transferred to and administered by FHWA.
4. Period of Availability
    The Urbanized Area Formula Program funds apportioned in this notice 
are available for obligation during the year of appropriation plus 
three additional years. Accordingly, these funds must be obligated in 
grants by September 30, 2013. Any apportioned funds that remain 
unobligated at the close of business on September 30, 2013, will revert 
to FTA for reapportionment under the Urbanized Area Formula Program.
5. Other Program or Apportionment Related Information and Highlights
    In each UZA with a population of 200,000 or more, the Governor, in 
consultation with responsible local officials and publicly owned 
operators of public transportation, has designated one or more entities 
to be the Designated Recipient for Section 5307 funds apportioned to 
the UZA. The same entity(s) may or may not be the Designated Recipient 
for the Job Access and Reverse Commute (JARC) and New Freedom program 
funds apportioned to the UZA. In UZAs under 200,000 in population, the 
State is the Designated Recipient for Section 5307 as well as JARC and 
New Freedom programs. The Designated Recipient for Section 5307 may 
authorize other entities to apply directly to FTA for Section 5307 
grants pursuant to a supplemental agreement. While the requirement that 
projects selected for funding be included in a locally developed 
coordinated public transit/human service transportation plan is not 
included in Section 5307 as it is in Sections 5310, 5316 (JARC) and 
5317 (New Freedom), FTA expects that in their role as public transit 
providers, recipients of Section 5307 funds will be participants in the 
local planning process for these programs.

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

    The Clean Fuels Grant program is a discretionary grant program that 
supports the use of alternative fuels in air quality maintenance or 
nonattainment areas for ozone or carbon monoxide through capital grants 
to urbanized areas for clean fuel vehicles and facilities. For more 
information about this program contact Juan Morrison, Office of Program 
Management, at (202) 366-2053.
1. FY 2010 Funding Availability
    CR 2010 provides $21,306,000 to the Clean Fuels Grant program (49 
U.S.C. 5308). FTA will publish allocations at a later date.

                        Clean Fuel Grant Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Apportioned.......................................     $21,306,000
------------------------------------------------------------------------

2. Requirements
    Clean Fuels Grant program funds may be made available to any 
grantee in a UZA that is designated as maintenance or nonattainment 
area for ozone or carbon monoxide as defined in the Clean Air Act. 
Eligible recipients include section 5307 Designated Recipients as well 
as recipients in small UZAs. The State in which a small UZA is located 
will act as the recipient of funds. Eligible projects include the 
purchase or lease of clean fuel buses, the construction or lease of 
clean fuel or electrical recharging facilities and related equipment 
for such buses, and construction or improvement of public 
transportation facilities to accommodate clean fuel buses.
3. Period of Availability
    Funds designated for specific Clean Fuels Grant program projects 
are available for obligation for three fiscal years, which includes the 
year of availability plus two additional fiscal years. FY 2010 Clean 
Fuels funds not obligated in an FTA grant for eligible purposes by 
September 30, 2012, may be made available for other section 5308 
projects during the next fiscal year.
4. Other Program or Apportionment Related Information and Highlights
    Table 20 lists prior year carryover of $56,812,150 for Clean Fuels 
Grant program projects allocated project funding in FY 2008 and FY 
2009. This amount includes $15,668,667 for FY 2008 and $41,143,483 for 
FY 2009. The carryover amount for FY 2009 includes $29,868,000 in 
unallocated funds.

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

    This program provides capital assistance for the maintenance, 
recapitalization, and modernization of existing fixed guideway systems. 
Funds

[[Page 7056]]

are apportioned by a statutory formula to UZAs with fixed guideway 
systems that have been in operation for at least seven years. A ``fixed 
guideway'' refers to any transit service that uses exclusive or 
controlled rights-of-way or rails, entirely or in part. The term 
includes heavy rail, commuter rail, light rail, monorail, trolleybus, 
aerial tramway, inclined plane, cable car, automated guideway transit, 
ferryboats, that portion of motor bus service operated on exclusive or 
controlled rights-of-way, and high-occupancy-vehicle (HOV) lanes. 
Eligible applicants are the public transit authorities in those 
urbanized areas to which the funds are apportioned. For more 
information about Fixed Guideway Modernization contact Kimberly Sledge, 
Office of Transit Programs, at (202) 366-2053.
1. FY 2010 Funding Availability
    CR 2010 provides $689,431,000 to the Fixed Guideway Modernization 
Program. The total amount apportioned for the Fixed Guideway 
Modernization Program is $682,536,690, after the deduction for 
oversight, as shown in the table below.

                  Fixed Guideway Modernization Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................    $689,431,000
Oversight Deduction.....................................     -$6,894,310
                                                         ---------------
  Total Apportioned.....................................    $682,536,690
------------------------------------------------------------------------

    The FY 2010 Fixed Guideway Modernization Program apportionments to 
eligible areas are displayed in Table 8.
2. Basis for Formula Apportionment
    The formula for allocating the Fixed Guideway Modernization funds 
contains seven tiers. The apportionment of funding under the first four 
tiers is based on amounts specified in law and NTD data used to 
apportion funds in FY 1997. Funding under the last three tiers is 
apportioned based on the latest available data on route miles and 
revenue vehicle miles on segments at least seven years old, as reported 
to the NTD. Section 5337(f) of title 49, U.S.C. provides for the 
inclusion of Morgantown, West Virginia (population 55,997) as an 
eligible UZA for purposes of apportioning fixed guideway modernization 
funds. Also, consistent to 49 U.S.C. 5336(b), FTA uses 60 percent of 
the directional route miles attributable to the Alaska Railroad 
passenger operations system to calculate the apportionment for the 
Anchorage, Alaska UZA under the Section 5309 Fixed Guideway 
Modernization formula.
    FY 2010 Formula apportionments are based on data grantees provided 
to the NTD for the 2008 reporting year. Table 9 provides additional 
information and details on the formula. Dollar unit values for the 
formula factors used in the Fixed Guideway Modernization Program are 
displayed in Table 5. To replicate an area's apportionment, multiply 
the dollar unit value by the appropriate formula factor, i.e., route 
miles and revenue vehicle miles.
3. Program Requirements
    Fixed Guideway Modernization funds must be used for capital 
projects to maintain, modernize, or improve fixed guideway systems. 
Eligible UZAs (those with a population of 200,000 or more) with fixed 
guideway systems that are at least seven years old are entitled to 
receive Fixed Guideway Modernization funds. A threshold level of more 
than one mile of fixed guideway is required in order to receive Fixed 
Guideway Modernization funds. Therefore, UZAs reporting one mile or 
less of fixed guideway mileage under the NTD are not included. However, 
funds apportioned to an urbanized area may be used on any fixed 
guideway segment in the UZA. Program guidance for Fixed Guideway 
Modernization is presently found in FTA Circular C9300.1B, Capital 
Facilities and Formula Grant Programs, dated November 1, 2008.
4. Period of Availability
    The funds apportioned in this notice under the Fixed Guideway 
Modernization Program remain available to recipients to be obligated in 
a grant during the year of appropriation plus three additional years. 
FY 2010 Fixed Guideway Modernization funds that remain unobligated at 
the close of business on September 30, 2013, will revert to FTA for 
reapportionment under the Fixed Guideway Modernization Program.

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

    This program provides capital assistance for new and replacement 
buses, and related equipment and facilities. Funds are allocated on a 
discretionary basis. Eligible purposes are acquisition of buses for 
fleet and service expansion, bus maintenance and administrative 
facilities, transfer facilities, bus malls, transportation centers, 
intermodal terminals, park-and-ride stations, acquisition of 
replacement vehicles, bus rebuilds, bus preventive maintenance, 
passenger amenities such as passenger shelters and bus stop signs, 
accessory and miscellaneous equipment such as mobile radio units, 
supervisory vehicles, fare boxes, computers, and shop and garage 
equipment. Eligible applicants are State and local governmental 
authorities. Eligible subrecipients include other public agencies, 
private companies engaged in public transportation and private non-
profit organizations. For more information about Bus and Bus Related 
Facilities contact Juan Morrison, Office of Transit Programs, at (202) 
366-2053.
1. FY 2010 Funding Availability
    CR 2010 provides $365,711,000 for the Bus and Bus Related 
Facilities program. After deduction of one percent for program 
management oversight, $362,053,890 remains available.

                     Bus and Bus Related Facilities
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................    $365,711,000
Oversight Deduction............................