FTA Fiscal Year 2012 Apportionments, Allocations, and Program Information, 1786-1856 [2012-249]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1786-1856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-249]



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Vol. 77

Wednesday,

No. 7

January 11, 2012

Part II





Department of Transportation





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Federal Transit Administration





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FTA Fiscal Year 2012 Apportionments, Allocations, and Program 
Information; Notice

Federal Register / Vol. 77 , No. 7 / Wednesday, January 11, 2012 / 
Notices

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FTA Fiscal Year 2012 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 for programs funded with Fiscal Year 
(FY) 2012 contract authority because the current authorization of FTA's 
programs provides contract authority for the period October 1, 2011 
through March 31, 2012. Additionally, the Consolidated and Further 
Continuing Appropriations Act, 2012, provides full-year funding for 
FTA's programs funded from the General Fund of the United States 
Treasury, which are Administrative Expenses, the New Starts and 
Research programs and grants to the Washington Metropolitan Area 
Transit Authority. The Appropriations Act, 2012 also provides an 
obligation limitation for the available contract authority and any 
additional contract authority that Congress may make available this 
fiscal year. This notice also provides program guidance and 
requirements; and provides information on several program issues 
important under the current program authorization. Also included are 
tables that show certain discretionary program unobligated (carryover) 
and reapportioned funding from previous years available for obligation 
during FY 2012.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice contact Jamie Pfister, 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 2011 Available Funding for FTA Programs
    A. Available Funding Based on the Consolidated and Further 
Continuing Appropriations Act, 2012 (Minibus), the Surface and Air 
Transportation Programs Extension Act, 2012, and the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU)
    B. Program Funds Set-Aside for Oversight
III. FTA FY 2012 Program Highlights and Changes
    A. Discretionary Grant Program Competitions
    B. Census Designations and Population Counts for the 
Apportionment of Formula Funds
    C. Federal Share for Biodiesel Buses
    D. Vehicle Fuel and Electrical Propulsion Costs as Capital 
Maintenance for Section 5307
IV. 2012 FTA Programs
    A. Metropolitan Planning Program (49 U.S.C. 5305(d))
    B. State Planning and Research Program (49 U.S.C. 5305(e))
    C. Urbanized Area Formula Program (49 U.S.C. 5307)
    D. Clean Fuels Grant 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
    H. Special Needs of Elderly Individuals and Individuals With 
Disabilities Program (49 U.S.C. 5310)
    I. Non-Urbanized 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 Reservations Program (49 
U.S.C. 5311(c)(1))
    L. Job Access and Reverse Commute Program (49 U.S.C. 5316)
    M. New Freedom Program (49 U.S.C. 5317)
    N. Paul S. Sarbanes Transit in Parks Program (49 U.S.C. 5320)
    O. Alternatives Analysis Program (49 U.S.C. 5339)
    P. Growing States and High Density States Formula (49 U.S.C. 
5340)
    Q. Over-the-Road Bus Accessibility Program (Section 3038, Pub. 
L. 105-85)
    R. National Research Program (49 U.S.C. 5314)
    S. Washington Metropolitan Area Transit Authority Grants
V. FTA Policy and Procedures for FY 2012 Grants Requirements
    A. Automatic Pre-Award Authority To Incur Project Costs
    B. Letter of No Prejudice (LONP) Policy
    C. FTA FY 2012 Annual List of Certifications and Assurances
    D. FHWA Funds Used for Transit Purposes
    E. Civil Rights Requirements
    F. Deferred Local Share
    G. Technical Assistance
VI. Tables
    1. FTA FY 2012 Appropriations and Apportionments for Grant 
Programs
    2. FTA FY 2012 Section 5303 and 5304 Metropolitan Planning 
Program and State Planning and Research Program Apportionments
    3. FTA FY 2012 Section 5307 and Section 5340 Urbanized Area 
Apportionments
    3-A. Census 2000 Urbanized Areas 200,000 or More in Population 
Eligible To Use Section 5307 Funds for Operating Assistance
    4. FTA FY 2012 Section 5307 Apportionment Formula
    5. FTA FY 2012 Formula Programs Apportionments Data Unit Values
    6. FTA FY 2012 Small Transit Intensive Cities Performance Data 
and Apportionments
    7. FTA Section 5308 Prior Year Unobligated Clean Fuels 
Allocations
    8. FTA FY 2012 Section 5309 Fixed Guideway Modernization 
Apportionments
    9. FTA FY 2012 Section 5309 Fixed Guideway Modernization Program 
Apportionment Formula
    10. FTA FY 2012 Section 5309 Bus and Bus Related Equipment and 
Facilities Allocations
    11. FTA Section 5309 Prior Year Unobligated Bus and Bus Related 
Equipment and Facilities Allocations
    12. FTA FY 2012 Section 5309 New Starts Allocations
    13. FTA Section 5309 Prior Year Unobligated New Starts Program 
Allocations
    14. FTA FY 2012 Section 5310 Special Needs for Elderly 
Individuals and Individuals With Disabilities Apportionments
    15. FTA FY 2012 Section 5311 and Section 5340 Nonurbanized Area 
Formula Apportionments, and Rural Transportation Assistance Program 
(RTAP) Allocations
    16. FTA FY 2012 Section 5311(c) Prior Year Unobligated Public 
Transportation on Indian Reservations Allocations
    17. FTA FY 2012 Section 5316 Job Access and Reverse Commute 
(JARC) Apportionments
    18. FTA FY 2012 Section 5317 New Freedom Apportionments
    19. FTA Section 5339 Prior Year Unobligated Alternatives 
Analysis Allocations
VII. 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 
Surface and Air Transportation Programs Extension Act of 2011 (Pub. L. 
112-30, Div. C), hereinafter (``Temporary Authorization, 2012''), 
continues the authorization of the Federal transit programs of the U.S. 
Department of Transportation (DOT) through March 31, 2012. It extends 
contract authority for the Formula and Bus Grants programs at 
approximately

[[Page 1787]]

fifty percent of the FY 2011 levels until March 31, 2012. Additionally, 
FTA's full-year appropriations bill (Pub. L. 112-055, the Consolidated 
and Further Continuing Appropriations Act, 2012), hereinafter 
(``Appropriations Act, 2012'') was enacted in November, giving FTA 
appropriated resources for Administrative Expenses, Capital Investment 
Grants, and Research programs and grants to the Washington Metropolitan 
Area Transportation Authority. The Appropriations Act, 2012 also 
provides a full fiscal year obligation limitation on any contract 
authority that is made available to FTA programs funded from the Mass 
Transit Account of the Highway Trust Fund during this fiscal year.
    This document apportions the FY 2012 authorized contract authority 
among potential program recipients according to statutory formulas in 
49 U.S.C. Chapter 53. FTA will issue a supplemental notice at a later 
date if additional contract authority becomes available.
    The notice does not include reprogramming of discretionary funds 
that lapsed to the designated project as of September 30, 2011 or the 
allocation of FY 2012 discretionary resources, with the exception of 
Small Starts allocations.
    For each FTA program included in this notice, we have provided 
relevant information about the FY 2012 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. For additional information on FY 
2012 and prior year annual apportionments, please visit 
www.fta.dot.gov/grants/12853.html.

II. FY 2012 Funding for FTA Programs

A. Funding Based on the Consolidated and Further Continuing 
Appropriations Act, 2012 (Pub. L. 112-55), and the Surface and Air 
Transportation Programs Extension Act of 2011 (Pub. L. 112-30)

    The Surface and Air Transportation Programs Extension Act of 2011 
(Temporary Authorization, 2012) continues the authorization of the 
Federal transit programs of the U.S. Department of Transportation (DOT) 
through March 31, 2012, and provides contract authority for these 
programs equal to approximately one half of the amounts available in FY 
2011. The fiscal year 2012 Appropriations Act provides full-year 
funding for FTA programs funded from the General Fund of the United 
States Treasury and a full year obligation limitation on any contract 
authority that is made available during this fiscal year.
    Table 1 of this document shows the funding that is currently 
available for the FTA programs. In addition to current year contract 
authority and appropriated funds, available funding also includes a 
small amount of additional contract authority not allocated in fiscal 
year 2011 and recoveries of lapsed funds. The amounts shown in Table 1 
also include applicable reductions for set asides and takedowns. This 
Federal Register notice includes tables of apportionments and 
allocations for FTA formula programs as well as carryover discretionary 
funds based on applicable law.

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). 
In addition, the Appropriations Act, 2012 authorizes an oversight 
takedown of 1 percent from the Job Access and Reverse Commute 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. FTA FY 2012 Program Highlights and Changes

A. Discretionary Grant Program Competitions

    FTA's discretionary grant programs that are funded from the General 
Fund of the United States Treasury (Section 5309 New Starts and the 
National Research Program) are authorized under chapter 53 of title 49, 
U.S.C., and funds are appropriated to carry out project activities in 
the Appropriation Act, 2012. Discretionary grant programs for which 
funding is derived from the Mass Transit Account of the Highway Trust 
Fund (Section 5308 Clean Fuels, 5309 Bus and Bus Facilities, 5311(c) 
Tribal Transit, 5320 Paul S. Sarbanes Transit in Parks, 5339 
Alternatives Analysis, and Section 3038, Pub. L. 105-85 Over the Road 
Bus Accessibility) are provided with contract authority pursuant to 49 
U.S.C. 5338(f)(1). At this time only half of the FY 2011 amount is 
available. Programs that were funded with unallocated Section 5309 bus 
funds in FY 2011 will again be allocated through a competitive process 
in FY 2012. Information about discretionary programs, including 
currently available funding amounts, can be found under the relevant 
subheading within this notice.
    FTA anticipates publishing individual or combined Notices of 
Funding Availability (NOFAs) for discretionary programs in the Federal 
Register during the first quarter of calendar year 2012. Specific 
program requirements and selection criteria will be published in the 
relevant NOFAs. Applications will be due usually within 45-75 days from 
the date of publication. See the subheading for the Transit in Parks 
program for a specific exception relating to that program's schedule. 
New Starts and Small Starts program funds are allocated to specific 
projects by Congress after an extensive review and qualification 
process, and will not be published as a NOFA in the Federal Register.

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B. Census Designations and Population Counts Used for the Apportionment 
of Formula Funds

    Formula allocations for Fiscal Year 2012 will continue to be based 
on 2000 Census data and designations. The 2010 Census Urbanized Area 
(UZA) designations and populations, which are expected to be released 
by the Bureau of the Census during FY 2012, will be used for the 
apportionment of FTA formula funds no earlier than FY 2013. For 
information on how the 2010 Census may affect formula funding 
recipients, FTA has published a summary of the potential impacts on its 
Web site at https://www.fta.dot.gov/grants/12853_12408.html.

C. Federal Share for Biodiesel Buses

    Section 164 of the Consolidated Appropriations Act, 2008, the 
Omnibus Act, 2009 and the Consolidated Appropriations Act, 2010 allowed 
a 90 percent Federal share for biodiesel buses and for the net capital 
cost of factory-installed or retrofitted hybrid electric propulsion 
systems and any equipment related to such a system. The Department of 
Defense and Full-Year Continuing Appropriations Act, 2011 continued the 
provision for fiscal year 2011. However, the Appropriations Act, 2012, 
does not contain similar language. Therefore, the increased Federal 
share for biodiesel buses and for the net capital cost of factory-
installed or retrofitted hybrid electric propulsion systems and any 
equipment related to such a system is no longer authorized through the 
appropriation process for grants awarded in fiscal year 2012.

D. Vehicle Fuel and Electrical Propulsion Costs as Capital Maintenance 
for Section 5307

    The Appropriations Act, 2012, permits FTA to treat fuel costs for 
vehicle operations, including utility costs for the propulsion of 
electrical vehicles, as a capital maintenance item for grants made in 
FY 2012 under the Urbanized Area Formula Program, up to a total of 
$100,000,000. Since total obligations for this purpose are limited to 
$100,000,000, the use of funds for this purpose will be limited in 
amount, and will be available only to program recipients that respond 
to an upcoming announcement posted at www.grants.gov. Recipients are 
advised that this provision does not provide any funding in addition to 
their Section 5307 program apportionment. Additional information on 
this provision can be found in IV-C. Urbanized Area Formula Program 
(49.U.S.C. 5307).

IV. FTA Programs

    This section of the notice provides the available FY 2012 funding 
to date and/or other important program-related information for eleven 
FTA formula and discretionary programs that are contained in this 
notice. Funding and/or other important information for each of the 
formula programs is presented immediately below. This includes program 
apportionments, program requirements, length of time FY 2012 funding is 
available for obligation to the recipient and other significant program 
information.

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

[[Page 1789]]

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. State Departments of 
Transportation are direct recipients of funds allocated by FTA, which 
are then sub-allocated to Metropolitan Planning Organizations (MPOs), 
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 
Victor Austin, Office of Planning and Environment at (202) 366-2996.
1. FY 2012 Funding Availability
    The Temporary Authorization, 2012 provides $46,943,600 in contract 
authority for the period October 1, 2011 through March 31, 2012 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. Thus far, the total amount apportioned for the Metropolitan 
Planning Program to States for MPOs' use in urbanized areas (UZAs) is 
$46,925,691, as shown in the table below, after the addition of 
available FY 2011 contract authority and reapportioned funds and 
deductions for oversight.

                      Metropolitan planning program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................     $46,943,600
FY 2011 Contract Authority..............................         195,331
Oversight Deductions....................................        -235,695
Reapportioned Funds.....................................          22,455
                                                         ---------------
    Total Apportioned...................................      46,925,691
------------------------------------------------------------------------

    States' apportionments for this program are displayed in Table 2.
2. Basis for Formula Apportionments
    As specified in law, 82.72 percent of the amounts authorized for 
Section 5305 are made available to the Metropolitan Planning program. 
FTA apportions Metropolitan Planning funds to the States according to a 
statutory formula. Eighty percent of the funds are apportioned to the 
States based on the most recent decennial Census for each State's UZA 
population. The remaining 20 percent is provided to the States as a 
supplemental apportionment based on an FTA administrative formula to 
address planning needs in larger, more complex UZAs. The amount 
published for each State includes the supplemental allocation.
3. Program Requirements
    The State allocates Metropolitan Planning funds to MPOs in UZAs or 
portions thereof to provide funds for planning projects included in a 
one or two year program of planning work activities (the Unified 
Planning Work Program, or UPWP) that includes multimodal systems 
planning activities spanning both highway and transit planning topics. 
Each State has either reaffirmed or developed, in consultation with 
their MPOs, an allocation formula among MPOs within the State, based on 
the 2000 Census. The allocation formula among MPOs in each State 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 Victor Austin, Office of 
Planning and Environment at (202) 366-2996.
4. Period of Availability
    The funds apportioned under the Metropolitan Planning program to 
each State remain available for obligation to recipients for four 
fiscal years--which includes the year of apportionment plus three 
additional years. Any FY 2012 apportioned funds that remain unobligated 
at the close of business on September 30, 2015 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. Alternatively, FTA planning funds may be 
transferred to FHWA to be administered as a combined grant.
    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

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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 Victor Austin, Office of Planning and Environment 
at (202) 366-2996.
1. FY 2012 Funding Availability
    The Temporary Authorization, 2012 provides $9,806,400 in contract 
authority for the period October 1, 2011 through March 31, 2012 to the 
State Planning and Research Program (49 U.S.C. 5305). Thus far, the 
total amount apportioned for the State Planning and Research Program 
(SPRP) is $9,956,684 as shown in the table below, after the addition of 
available FY 2011 contract authority and reapportioned funds and the 
deduction for oversight (authorized by 49 U.S.C. 5327).

                   State Planning and Research Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................      $9,806,400
FY 2011 Contract Authority..............................          40,804
Oversight Deduction.....................................         -49,236
Reapportioned Funds.....................................         158,716
                                                         ---------------
    Total Apportioned...................................       9,956,684
------------------------------------------------------------------------

    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 data available, 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 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 Victor Austin, Office of Planning and 
Environment at (202) 366-2996.
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, 2015, will revert to FTA for reapportionment 
under the State Planning and Research Program.

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 urbanized 
areas. An urbanized area (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 Area 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 199,999. 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 Adam Schildge or Elan Flippin, Office of 
Transit Programs, at (202) 366-0778.
1. FY 2012 Funding Availability
    The Temporary Authorization, 2012 provides $2,080,182,500 in 
contract authority for the period October 1, 2011 through March 31, 
2012 to the Urbanized Area Formula Program (49 U.S.C. 5307). Thus far, 
the total amount apportioned for the Urbanized Area Formula Program is 
$2,280,481,376 as shown in the table below, after the addition of 
available FY 2011 contract authority and reapportioned funds and the 
0.75 percent deduction for oversight (authorized by 49 U.S.C. 5327), 
and including funds apportioned to UZAs pursuant to Section 5340 for 
Growing States and High Density States.

                     Urbanized Area Formula Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.................................    a $2,080,182,500
FY 2011 Contract....................................           8,655,561
Authority...........................................
Oversight Deduction.................................         -15,666,286

[[Page 1791]]

 
Section 5340 Funds Added............................         196,585,277
Reapportioned Funds.................................          10,724,324
                                                     -------------------
    Total Apportioned...............................       2,280,481,376
------------------------------------------------------------------------
a Includes 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 2012 apportionment, FTA used population and 
population density statistics from the 2000 Census and (when 
applicable) validated mileage and transit service data from transit 
providers' 2010 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 2012 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 2012, one percent of funds appropriated for Section 5307, or 
$20,801,825 based on Temporary Authorization, 2012 and Appropriations 
Act, 2012, 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 2012 
apportionments comes from the NTD reports for the 2010 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 2012, FTA apportioned $55,976 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 2012, FTA apportions 
$79,851,565 to UZAs in growing States and $116,733,712 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 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 9030.1D, Urbanized Area Formula 
Program: Grant Application Instructions, dated May 1, 2010, and 
supplemented by additional information or changes provided in this 
document.
i. 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, 
for informational purposes, the apportionment amount that would be 
attributable by formula to each small UZA within the State. The 
Governor is not bound by the small UZA amounts published for 
informational purposes 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 are 
awarded.
ii. 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

[[Page 1792]]

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.
iii. 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 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. 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-
00. 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.
iv. FY 2012 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. 
Temporary Authorization, 2012 extends that eligibility until March 31, 
2012. The specific provisions allowing the limited use of operating 
assistance in large UZAs are as follows:
    a. 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.
    b. 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.
    c. 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.
    d. Section 3027(c)(3) of TEA-21, as amended (49 U.S.C. 5307 note), 
provides an exception to the restriction

[[Page 1793]]

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.
    e. Section 5307(b)(2), as amended, allows, in FYs 2008 through 2011 
and for the period October 1, 2011 through March 31, 2012, (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. These allowances are shown in Table 3-A.
v. Treatment of Fuel and Electrical Propulsion Costs as Capital 
Maintenance
    The Appropriations Act, 2012, permits FTA to treat fuel costs for 
vehicle operations, including utility costs for the propulsion of 
electrical vehicles, as a capital maintenance item for grants made in 
FY 2012 under the Urbanized Area Formula Program, up to a total of 
$100,000,000. The treatment of these costs as capital maintenance items 
means that they may be eligible for reimbursement under this program at 
an 80/20 matching rate. As explained in the preceding section, fuel 
costs are also eligible for reimbursement as an operating expense for 
UZAs under 200,000 in population, and under other special conditions 
noted above, but require a 50 percent match.
    Since total obligations for this purpose are limited to 
$100,000,000, the use of funds for this purpose will be limited in 
amount, and will be available only to program recipients that respond 
to an upcoming announcement posted at www.grants.gov. Designated 
recipients for each Urbanized Area are directed to respond to this 
announcement with the dollar amount, out of their annual urbanized area 
apportionment funding, that they would like to apply to these costs for 
grants made in Fiscal Year 2012. While this provision applies to grants 
made during FY 2012, it is not limited to grants made using FY 2012 
apportioned funds and may also include grants made during FY 2012 that 
contain prior year funds.
    Recipients are directed to submit a request for the maximum dollar 
amount that they would elect to apply to capitalized fuel or propulsion 
under this provision based on the anticipated availability of full FY 
2012 funding. Funds will be distributed as dollar caps for an 
interested urbanized area's Section 5307 apportionment. FTA will base 
the amount of the cap it allocates to each urbanized area that responds 
to the announcement on a fixed percentage applied to the Section 5307 
apportionment of that urbanized area, not to exceed the amount 
requested. However, if all urbanized area 5307 recipients respond to 
the announcement, each could expect to be permitted to use no more than 
2.2% of their annual formula apportionment amount for this purpose. 
Eligible respondents to this request are only the designated recipients 
for the urbanized area formula apportionment, including the State DOTs 
for areas under 200,000. The upcoming funding announcement will provide 
further direction. FTA will publish the distribution in a Federal 
Register notice.
    Recipients are advised that this provision does not provide any 
funding in addition to their Section 5307 program apportionment. Funds 
granted under this provision will be treated as an alternative use of 
the eligible recipient's formula funding. Distribution of such funds 
among sub-recipients is subject to Federal planning requirements and 
will require coordination between the designated recipient(s), MPO, and 
other direct recipients of FTA funds. Funds sub-allocated to direct 
recipients within a UZA will be included in their FTA grants. 
Procurements to which these 5307 funds are applied must comply with 
Federal procurement requirements and include all applicable Federal 
procurement clauses.
    Recipients, if selected to use this provision, will be required to 
obligate funds no later than September 30, 2012. Once funds are 
obligated, they will remain available until expended; funds can be 
requested for the applicant's current fiscal year plus one additional 
year. FTA does not plan to reallocate funding caps under this provision 
after it has been initially distributed.
    Eligible designated recipients of Section 5307 funding that are 
interested in using funds under this provision are encouraged to become 
familiar with using grants.gov and are advised to monitor the site for 
the upcoming solicitation of interest. In addition, FTA recommends that 
grantees register for automatic email updates for Section 5307 
Urbanized Area Formula Program on the FTA Web site. Further details 
will be posted with the announcement at www.grants.gov.
vi. Sources of Local Match
    Consistent with 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:
    a. From non-Federal government sources other than revenues from 
providing public transportation services;
    b. From revenues derived from the sale of advertising and 
concessions;
    c. From an undistributed cash surplus, a replacement or 
depreciation cash fund or reserve, or new capital;
    d. From amounts received under a service agreement with a State or 
local social service agency or private social service organization; and
    e. Proceeds from the issuance of revenue bonds.
    f. 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.
vii. 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 by Secretary pursuant to section 5303(k). The 
Governor's Apportionment for small UZAs may include funds attributable 
to a small UZA designated as a TMA or within the planning boundaries of 
a TMA.
    The list of small UZAs included within the planning boundaries of 
designated TMAs is provided in the table below.

[[Page 1794]]



------------------------------------------------------------------------
                                    Small urbanized area included in TMA
          Designated 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.
Pittsburgh, PA....................  Monessen, PA; Weirton, WV-
                                     Steubenville, OH-PA (PA portion);
                                     Uniontown-Connellsville, PA.
Seattle, WA.......................  Bremerton, WA.
Washington, DC-VA-MD..............  Frederick, MD.
------------------------------------------------------------------------

    Section 5303(k) provides that the Secretary shall designate ``any 
additional area as a transportation management area on the request of 
the Governor and the MPO designated for the area.'' In the event a 
Governor and an MPO determine that a small UZA should be a TMA or 
included within the boundaries of a TMA, the MPO and Governor must 
jointly request such designation from 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.
viii. 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. 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 apportionment plus 
three additional years. Accordingly, these funds must be obligated in 
grants by September 30, 2015. Any apportioned funds that remain 
unobligated at the close of business on September 30, 2015 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. Funds will 
be distributed in response to a discretionary competition announced in 
the Federal Register during the first quarter of calendar year 2012. 
For more information about this program contact Vanessa Williams, 
Office of Program Management, at (202) 366-4818.
1. FY 2012 Funding Availability
    The Temporary Authorization, 2012 provides $25,750,000 in contract 
authority for the period October 1, 2011 through March 31, 2012 for the 
Clean Fuels Program. After the addition of available FY 2011 contract 
authority, a total of $25,857,145 is thus far available for grants, as 
shown in the table below.

                           Clean Fuels Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriated......................................     $25,750,000
FY 2011 Contract Authority..............................         107,145
                                                         ---------------
    Total Apportioned...................................      25,857,145
------------------------------------------------------------------------

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
    Clean Fuels Program funds are available for three years, which 
includes the year the funds are allocated to a project through a notice 
of award or appropriation plus two. FY 2012 funds will be distributed 
through a competitive discretionary process, which will be announced in 
a Federal Register Notice of Funding Availability during the first 
quarter of calendar year 2012.

[[Page 1795]]

4. Other Program or Apportionment Related Information and Highlights
    Table 7 lists prior year carryover of $13,761,707 for Clean Fuels 
projects allocated FY 2010 program funds. These projects were announced 
during FY 2011 and are available for obligation until September 30, 
2013. For more information about the FY 2011 Clean Fuels Grant Program 
award announcements, please visit www.gpo.gov/fdsys/pkg/FR-2011-12-12/pdf/2011-31694.pdf (Federal Register Citation: 76 FR 77302--FTA 
Sustainability Program Funds: Announcement of Project Selections, 
December 12, 2011).

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 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 2012 Funding Availability
    The Temporary Authorization, 2012 provides $833,250,000 in contract 
authority for the period October 1, 2011 through March 31, 2012 for the 
Fixed Guideway Modernization Program. Thus far, the total amount 
apportioned for the Fixed Guideway Modernization Program is 
$831,257,145, after the addition of available FY 2011 contract 
authority and reapportioned funds and deductions for oversight, as 
shown in the table below.

                  Fixed Guideway Modernization Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.....................................    $833,250,000
FY 2011 Contract Authority..............................       3,467,122
Oversight Deduction (total).............................      -8,367,171
Reapportioned Funds.....................................         363,287
                                                         ---------------
    Total Apportioned...................................     831,257,145
------------------------------------------------------------------------

    The FY 2012 Fixed Guideway Modernization Progra