Enhanced Mobility for Seniors and Individuals With Disabilities: Proposed Circular, 41824-41829 [2013-16624]
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Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices
Aviation Administration, Airports
District Office, 6020 28th Avenue South,
Room 102, Minneapolis, MN 55450,
Telephone: (612) 253–4641/Fax: (612)
253–4611.
SUPPLEMENTARY INFORMATION: In
accordance with section 47107(h) of
Title 49, United States Code, this notice
is required to be published in the
Federal Register 30 days before
modifying the land-use assurance that
requires the property to be used for an
aeronautical purpose.
The two parcels proposed to be
released are no longer needed for
aeronautical use. Parcel 108 is 0.11
acres in size and located north of the
intersection of Knapp Street and
Schaick Avenue. A cul-de-sac will be
constructed in what will become the
north termini of Knapp Street. This land
was acquired as part of Airport Property
Parcel 81 in 1996 with an Airport
Improvement Program (AIP) grant (AIP–
16). Parcel 109 is 0.132 acres in size and
located near the current site of the
Winnebago Sheriff’s Department
building. A cul-de-sac and stormwater
detention pond will be constructed in
what will become the east termini of
West Waukau Avenue. This land was
acquired as part of Airport Property
Parcel 66 in 1995 with AIP grant (AIP–
15). The land to become dedicated City
of Oshkosh public road right-of-way
totals 0.242 acres.
The airport is proposing to exchange
4.764 acres with the City of Oshkosh
comprised of approximately 1,510 feet
of West Waukau Avenue located west of
Runway 18/36 and approximately 1,634
feet of Knapp Street located north of
Schaick Avenue and south of West
Waukau Avenue. Access will be
maintained to adjacent FAA and EAA
AirVenture land uses by means of
private streets within fenced airport
property.
Approval does not constitute a
commitment by the FAA to financially
assist in the disposal of the subject
airport property nor a determination of
eligibility for grant-in-aid funding from
the FAA.
An appraisal was not completed for
the two proposed parcels to be released,
because the fair market value of the land
was determined to be less than $25,000.
The airport property will be an even
exchange for the City of Oshkosh road
right-of-way. There will be no proceeds
from the exchange and the exchange
will be in accordance with FAA’s Policy
and Procedures Concerning the Use of
Airport Revenue, published in the
Federal Register on February 16, 1999
(64 FR 7696).
Parcel 108:
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A parcel of land being part of the
Southeast Quarter of the Northeast
Quarter of Section 3, T17N, R16E, City
of Oshkosh, Winnebago County,
Wisconsin more fully described as
follows:
Commencing at the East Quarter
Corner of Section 3, T17N, R16E,
Thence N01°22′55″ E coincident with
the East line of the Northeast Quarter of
Section 3 a distance of 1012.07 feet;
Thence N88°04′26″ W a distance of
33.02 feet to the point of beginning;
Thence N01°22′55″ E coincident with
the existing West right-of-way of Knapp
Street Road a distance of 121.24 feet;
Thence N88°37′05″ W a distance of
45.00 feet;
Thence S04°23′53″ W a distance of
80.17 feet;
Thence S48°41′10″ E a distance of
64.16 feet to the point of beginning.
Parcel 109:
A parcel of land being part of the
Southeast Quarter of the Southeast
Quarter of Section 34, T18N, R16E, City
of Oshkosh, Winnebago County,
Wisconsin more fully described as
follows:
Commencing at the Southeast corner
of Section 34, T18N, R16E,
Thence N88°47′19″ W coincident with
the South line of the Southeast Quarter
of Section 34 a distance of 704.18 feet;
Thence N01°02′02″ E a distance of
33.00’ to the beginning of a curve which
is also the point of beginning;
Thence coincident with said curve
turning the left through an angle of
160°34′55″ having a radius of 60.00 feet
and whose long chord bears N79°04′46″
W and is 118.28 feet in length
coincident with the new Northerly
right-of-way line for West Waukau
Avenue a distance of 168.16 feet to a
point of reverse curvature; said curve
turning to the right through an angle of
66°25′52″ having a radius of 30.00 feet
and whose long chord bears S53°50′43″
W and is 32.87 feet in length coincident
with the new Northerly right-of-way
line for West Waukau Avenue a distance
of 34.78 feet to the existing Northerly
right-of-way line of West Waukau
Avenue; thence S88°47′19″ E coincident
with said right-of-way line a distance of
142.71 feet to the point of beginning.
Issued in Minneapolis, Minnesota on June
18, 2013.
Christopher Hugunin,
Manager, Minneapolis Airports District
Office, FAA, Great Lakes Region.
[FR Doc. 2013–16662 Filed 7–10–13; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2013–0026]
Enhanced Mobility for Seniors and
Individuals With Disabilities: Proposed
Circular
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Availability of
Proposed Circular and Request for
Comments.
AGENCY:
The Federal Transit
Administration (FTA) has placed in the
docket and on its Web site, proposed
guidance in the form of a circular to
assist grantees in implementing the
Enhanced Mobility for Seniors and
Individuals with Disabilities Program.
The Moving Ahead for Progress in the
21st Century Act (MAP–21, Pub. L. 112–
141) blended the New Freedom Program
(49 U.S.C. 5317) and the Elderly
Individuals and Individuals with
Disabilities Program (49 U.S.C. 5310)
into a new Enhanced Mobility for
Seniors and Individuals with
Disabilities Program, authorized at 49
U.S.C. 5310. FTA is updating the
circular due to these changes in the law.
By this notice, FTA invites public
comment on the proposed circular for
this program.
DATES: Comments must be submitted by
September 9, 2013. FTA will consider
late-filed comments to the extent
practicable.
SUMMARY:
Please submit your
comments by only one of the following
methods, identifying your submission
by docket number FTA–2013–0026. All
electronic submissions must be made to
the U.S. Government electronic site at
https://www.regulations.gov.
(1) Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
(2) Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
(3) Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. Eastern time, Monday
through Friday, except Federal holidays.
(4) Fax: 202–493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket number
(FTA–2013–0026) for this notice at the
beginning of your comments. Submit
two copies of your comments if you
ADDRESSES:
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Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices
submit them by mail. For confirmation
that FTA received your comments,
include a self-addressed stamped
postcard. Note that all comments
received will be posted without change
to www.regulations.gov including any
personal information provided and will
be available to Internet users. You may
review DOT’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000 (65 FR
19477).
Docket: For access to the docket to
read background documents and
comments received, go to
www.regulations.gov at any time or to
the U.S. Department of Transportation,
1200 New Jersey Ave. SE., Docket
Operations, M–30, West Building
Ground Floor, Room W12–140,
Washington, DC 20590 between 9:00
a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
program questions, Gilbert Williams,
Office of Program Management, Federal
Transit Administration, 1200 New
Jersey Ave. SE., Room E44–409,
Washington, DC, 20590, phone: (202)
366–0797, fax: (202) 366–7951, or email,
Gilbert.Williams@dot.gov. For legal
questions, Bonnie Graves, Office of
Chief Counsel, same address, Room
E56–306, phone: (202) 366–4011, fax:
(202) 366–3809, or email,
Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter I—Introduction and
Background
B. Chapter II—Program Overview
C. Chapter III—General Program
Information
D. Chapter IV—Program Development
E. Chapter V—Coordinated Planning
F. Chapter VI—Program Management and
Administrative Requirements
G. Chapter VII—State and Program
Management Plans
H. Chapter VIII—Other Provisions
I. Appendices
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I. Overview
FTA is updating Circular 9070.1F,
‘‘Elderly Individuals and Individuals
with Disabilities Program Guidance and
Application Instructions,’’ last revised
in 2007, in order to incorporate changes
in the law subsequent to passage of the
Moving Ahead for Progress in the 21st
Century Act (MAP–21, Pub. L. 112–
141). MAP–21 blended the previous
‘‘Section 5310 Program’’ and the New
Freedom Program (49 U.S.C. 5317,
authorized by the Safe, Accountable,
Flexible, Efficient Transportation Equity
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Act—A Legacy for Users (SAFETEA–
LU), and repealed by MAP–21).
The new Section 5310 Program, as
amended by MAP–21, authorizes grants
for the activities previously authorized
under two separate grants programs,
including public transportation capital
projects planned, designed, and carried
out to meet the special needs of seniors
and people with disabilities when
public transportation is insufficient,
unavailable, or inappropriate; public
transportation projects that exceed the
requirements of the Americans with
Disabilities Act (ADA) of 1990; and
alternatives to public transportation that
assist people with disabilities with
transportation. Notably, the
‘‘alternatives to public transportation’’
language now applies to seniors as well
as to people with disabilities, and
projects no longer have to be ‘‘new’’ to
be eligible for funding. In addition to
the previously eligible activities, MAP–
21 adds a new eligible activity under
this section entitled: ‘‘public
transportation projects that improve
access to fixed route service and
decrease reliance by people with
disabilities on complementary
paratransit.’’ The objective of this
activity is to remove barriers, including
improving access to public rights-of-way
and installing elevators in rail stations
that are not required by the ADA to have
elevators, so people who use
wheelchairs or have other mobility
impairments have greater access to bus
stops and rail stations.
Several aspects of the new Section
5310 Program carry forward language
from the previous Sections 5310 and
5317 (New Freedom) Programs. For
example, projects funded under the new
Section 5310 must also be part of a
program of projects that is annually
submitted to FTA. Recipients of Section
5310 funds may coordinate and assist
with meal delivery services for
homebound people, if the service does
not interfere with the provision of
transportation services. The Federal
share of costs remains at 80 percent for
capital projects and 50 percent for
operating. Consistent with previous law,
facilities or equipment may be
transferred to other recipients under
certain conditions. Further, the
requirement for coordinated planning is
retained, and projects must be included
in the coordinated plan. In addition,
seniors and people with disabilities
must be included in the development
and approval of the coordinated plan.
Under MAP–21, funding for the new
Section 5310 Program is no longer
apportioned only to States; however, it
is now apportioned in the same way
that Section 5317 (New Freedom) funds
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were apportioned under the previous
authorization, except the senior
population (age 65 and over) is now
included in the new formula. Sixty
percent of the funds are apportioned to
designated recipients in large urbanized
areas with a population of 200,000 or
more in a ratio reflecting the number of
seniors and people with disabilities in
each such urbanized area; 20 percent of
the funds are apportioned to the States
in a ratio reflecting the number of
seniors and people with disabilities in
urbanized areas with a population of
less than 200,000; and, likewise, 20
percent of the funds are apportioned to
the States in a ratio reflecting the
number of seniors and people with
disabilities in rural areas with a
population of less than 50,000 in each
State.
The competitive selection process,
required under the previous New
Freedom Program, is no longer
mandatory. However, whether or not a
State or a designated recipient uses a
competitive selection process to award
funds to subrecipients, the State or
designated recipient must certify that
funds allocated to subrecipients are
allocated on a fair and equitable basis.
Finally, the new Section 5310
Program requires FTA to establish
performance measures for grants made
under Section 5310. This notice, in the
section describing changes in Chapter II,
seeks comment on proposed
performance measures for this program.
This notice also provides a summary
of proposed changes to FTA Circular
9070.1F. Once the final circular is
adopted, it will supersede the existing
5310 Program Circular. The proposed
circular itself is not included in this
notice; instead, an electronic version
may be found on FTA’s Web site, at
www.fta.dot.gov, and in the docket, at
www.regulations.gov. Paper copies of
the proposed circular may be obtained
by contacting FTA’s Administrative
Services Help Desk, at (202) 366–4865.
FTA seeks comment on the proposed
circular.
II. Chapter-by-Chapter Analysis
A. Chapter I—Introduction and
Background
Chapter I of the proposed circular is
an introductory chapter and covers
general information about FTA and how
to contact us, briefly reviews the
authorizing legislation for FTA
programs generally, includes definitions
applicable to the Section 5310 Program,
and provides a brief history of the
Section 5310 Program. Where
applicable, we have used the same
definitions found in statute,
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rulemakings, and other circulars to
ensure consistency.
There are few substantive changes to
this chapter. We have removed the
reference to Grants.gov, since Section
5310 grants are distributed by formula,
and only discretionary grants are listed
on Grants.gov. We have added,
amended, or removed definitions as
necessary. For example, MAP–21
amended the definition of ‘‘disability’’
in title 49 U.S.C. 5302 to be consistent
with the definition as it appears in the
Americans with Disabilities Act (ADA).
We have added a number of definitions
that are used throughout FTA Circulars,
such as ‘‘Capital Lease,’’ ‘‘Cost of Project
Property,’’ ‘‘Master Agreement,’’ and
‘‘Operating Expenses.’’ Some terms have
changed in accordance with MAP–21:
‘‘Chief Executive Officer of a State’’ is
now ‘‘Governor;’’ ‘‘Elderly Individual’’
is now ‘‘Senior;’’ and ‘‘Other than
Urbanized Area’’ is now ‘‘Rural Area.’’
We have also added a definition of
‘‘Traditional Section 5310 Projects’’—
meaning those capital projects planned,
designed, and carried out to meet the
special needs of seniors and individuals
with disabilities when public
transportation is insufficient,
inappropriate, or unavailable, and
carried out by eligible subrecipients as
described in Chapter III. The new
Section 5310 Program requires that not
less than 55 percent of funds
apportioned to a State or designated
recipient shall be available for these
Traditional Section 5310 Projects.
Finally, we have updated the Program
History section to include the changes
to the program effective with MAP–21.
FTA seeks comment on the content of
Chapter I.
B. Chapter II—Program Overview
We propose amending some of the
content of this chapter. We propose
amending Section 1, Statutory
Authority, to remove references to
SAFETEA–LU and instead include
MAP–21. This section includes a
number of statutory provisions,
including the list of eligible activities,
the requirement that 55 percent of funds
be available for Traditional Section 5310
Projects, the types of entities that are
eligible subrecipients for Traditional
Section 5310 Projects, as well as the
types of entities that may be
subrecipients for other eligible
activities. We propose amending
Section 2, Program Goal, to reflect the
additional goal of removing barriers to
transportation services and expanding
the transportation mobility options
available.
As stated previously, the Section 5310
Program is no longer administered
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exclusively by the States. Instead, funds
are apportioned to States and designated
recipients in large urbanized areas. FTA
proposes changes to Chapter II to
address these changes in the law. The
recipient’s role in program
administration has been streamlined,
and includes references to both States
and designated recipients. We propose
extensive edits to section 6,
Relationship to Other FTA Programs, as
both the Job Access and Reverse
Commute (JARC) and New Freedom
Programs were repealed, and the
coordination provisions needed to be
updated due to these repeals. We
propose only minor edits to section 7,
Coordination with Other Federal
Programs. We propose updating the
information related to the Coordinating
Council on Access and Mobility
(CCAM), and adding a paragraph on
other interagency coordination.
Performance Measures
Section 3 of this chapter includes
information on performance measures.
Section 5310(h) requires FTA to submit
a report to Congress no later than
September 30, 2013, making
recommendations on the establishment
of performance measures for grants
under Section 5310. Such report shall
be developed in consultation with
national nonprofit organizations that
provide technical assistance and
advocacy on issues related to
transportation services for seniors and
individuals with disabilities.
The performance measures to be
considered in the report require the
collection of quantitative and qualitative
information, as available, concerning—
(1) Modifications to the geographic
coverage of transportation service, the
quality of transportation service or
service times that increase the
availability of transportation services for
seniors and individuals with
disabilities;
(2) ridership;
(3) accessibility improvements; and
(4) other measures, as the Secretary
determines is appropriate.
Additionally, Section 5335(c) requires
all FTA grant recipients, including grant
recipients under Section 5310, to report
an asset inventory or condition
assessment conducted by the recipient
to the National Transit Database (NTD).
Taken together, these requirements are
similar to the requirements pertaining to
FTA’s Section 5311 Rural Area Formula
Program. Section 5335(b) requires all
recipients of grants under Section 5311
to report financial, operating, and asset
condition information to the NTD.
Additionally, Section 5311(b)(4)
requires each recipient of grants under
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Section 5311 to annual report total
annual revenue, sources of revenue,
total annual operating costs, total
annual capital costs, fleet size and type,
related facilities, vehicle revenue miles,
and ridership. Further, many recipients
or subrecipients of Section 5310 grants
may also be recipients of the Section
5307 Urbanized Area Formula Program,
and as such are already required to
submit comprehensive reports to the
NTD.
One option FTA is considering is to
simplify the reporting burden by
combining all of the above reporting
requirements into a single requirement
for recipients of Section 5310 or Section
5311 to report to the NTD on behalf of
all of their subrecipients, and for
recipients of Section 5310 or Section
5307 to report on behalf of all of their
subrecipients, under a single, unified
reporting system. The current NTD
reporting requirements for Section 5311
already include ridership, accessibility
improvements (as part of the revenue
vehicle inventory, and other measures
as the Secretary deems appropriate
(vehicle revenue miles, total operating
and capital expenses.)) In order to
implement this option, FTA would have
to expand the current Rural and
Urbanized Area Annual data collections
to include a measure of ‘‘geographic
coverage of transportation service’’ and
‘‘service times that increase the
availability of transportation services for
seniors and individuals with
disabilities.’’ As such, any Section 5310
recipient that is already reporting to the
NTD as either a Section 5307 recipient
or as a Section 5311 subrecipient would
already meet the proposed Section 5310
reporting requirements through their
existing NTD reports. Section 5310 grant
recipients would then only need to add
NTD reports for any subrecipients that
are not already reporting to the NTD.
FTA seeks comment on the above
approach:
a. Should FTA consider implementing
a unified and combined NTD Reporting
Requirement for the Section 5310 and
5311 programs, and the Section 5310
and 5307 programs? This would require
States to report on behalf of all
subrecipients from both the 5310 and
5311 programs, except those already
reporting to the NTD; Urbanized Area
designated recipients would also have
to report on behalf of all subrecipients,
except those already reporting to the
NTD.
(1) If not, what approach should FTA
consider for implementing the
requirements of Section 5335(c) for all
FTA grant recipients to report an asset
inventory or condition assessment to the
NTD?
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(2) If not, what approach(es) should
FTA consider in making
recommendations to Congress on
collecting quantitative and qualitative
data to support performance measures
for the Section 5310 program?
b. What information should FTA
consider collecting in order to establish
performance measures for ‘‘geographic
coverage of transportation service?’’
(1) Would collecting the size and
location of the demand response service
area (either as operated, or else as
required by the Americans with
Disabilities Act to complement fixedroute service) be suitable?
(2) If so, would collecting these data
on the basis of political jurisdictions
(e.g. counties served (for full-counties)
or townships served (when serving less
than a county) be suitable?
(3) Would another information
collection be more appropriate for
meeting this requirement? Please be as
specific as possible.
c. What information should FTA
consider collecting in order to establish
performance measures for ‘‘service
quality or service times that increase the
availability of transportation services for
seniors and individuals with
disabilities?’’
(1) Would collecting the hours of
operation for the demand response
service (either as operated, or else as
required by the Americans with
Disabilities Act to complement fixedroute service) for each day of the week
be suitable?
(2) Would collecting the service terms
and conditions (e.g. advance notice
requirement, eligibility (e.g. general
public, limited on the basis of disability,
etc.), pick-up window, etc.) be suitable?
(3) Would another information
collection be more appropriate for
meeting this requirement? Please be as
specific as possible.
d. Once the data collection is
established, how should FTA establish
the performance measures?
FTA seeks comment on the content of
Chapter II.
C. Chapter III—General Program
Information
Due to the changes in Section 5310
under MAP–21, FTA proposes
substantially revising this chapter. Since
funding for the program is apportioned
to States and designated recipients in
large urbanized areas, FTA proposes
inserting a number of sections from the
circular that implemented the New
Freedom Program (C. 9045.1, May
2007). This includes information
regarding recipient designation, role of
the designated recipient, and eligible
direct recipients. In urbanized areas
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over 200,000 in population, the
recipient charged with administering
the Section 5310 Program must be
officially designated through a process
consistent with 49 U.S.C. 5302(4).
Consistent with the former New
Freedom program, FTA proposes that it
is appropriate for the designated
recipient for the Section 5307 Program
to be the designated recipient for the
Section 5310 Program, but another
entity may be designated as the
recipient for Section 5310 funds based
on local circumstances. A State agency
may be the designated recipient for large
urbanized areas, but funds apportioned
to the large UZA(s) must be allocated to
those areas. The only other entity that
may be a direct recipient for Section
5310 funds (for example, at the
conclusion of the project selection
process) in a large UZA is a Section
5307 designated recipient.
Consistent with the Section 5310
program under previous authorizations,
for Traditional Section 5310 Projects,
the designated recipient or State applies
for Section 5310 funds on behalf of
private non-profit agencies and eligible
local governmental authorities within
the rural area of the State or the
urbanized area. This provision ensures
continued support for non-profit
providers of public transportation, and
maintains the status quo for these
projects. For the remaining 45 percent of
Section 5310 funds available to a rural
or urbanized area, the designated
recipient applies to FTA on behalf of
itself and eligible subrecipients.
FTA proposes two sections on
subrecipients: One section for
Traditional Section 5310 Projects, and
one for additional eligible projects. The
new Section 5310 Program essentially
maintains the status quo for Traditional
Section 5310 Projects—those public
transportation capital projects planned,
designed, and carried out to meet the
special needs of seniors and individuals
with disabilities when public
transportation is insufficient,
unavailable or inappropriate. These
projects are carried out by private nonprofit organizations; or a State or local
governmental authority that is approved
by a State to coordinate services for
seniors and individuals with
disabilities, or certifies that there are no
non-profit organizations readily
available in the area to provide the
service. Eligible subrecipients for other
eligible Section 5310 activities include
a State or local governmental authority,
a private non-profit organization, or an
operator of public transportation that
receives a Section 5310 grant indirectly
through a recipient.
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In an effort to address one of the
frequently asked questions of the New
Freedom Program, FTA proposes
including a new section that discusses
private taxi operators as subrecipients.
Taxi operators that provide shared-ride
service may be subrecipients for nonTraditional Section 5310 Projects, as an
operator of public transportation. Local
(municipal/State) statutes or
regulations, or company policy, will
generally determine whether a taxi
company provides shared-ride or
exclusive-ride service. Taxi companies
that wish to participate in the Section
5310 Program that do not provide
shared-ride service may do so as
contractors to recipients or
subrecipients.
Sections 8, 9, and 10 of Chapter III
discuss apportionment of funds, funds
availability, and transfer of funds. FTA
apportions funds by statutory formula:
60 percent among designated recipients
in large urbanized areas; 20 percent to
the States for small urbanized areas; and
20 percent to the States for rural areas
under 50,000 in population. The
formula is based on the ratio that the
number of seniors and individuals with
disabilities in an area (such as a large
UZA) bears to the number of seniors and
individuals with disabilities in all such
areas. Consistent with the previous
guidance, Section 5310 funds are
available for obligation in the year of
apportionment plus two additional
years.
Under the previous Section 5310
Program, States could transfer funds to
an apportionment under Section 5311(c)
or 5307. This transfer provision is no
longer part of the law. However, funds
apportioned to small urbanized areas or
rural areas may be transferred to
projects in large urbanized areas if the
Governor certifies that objectives of the
Section 5310 program are being met in
the small urbanized or rural areas that
received the initial apportionment.
Alternatively, a State may transfer funds
apportioned to small urbanized areas or
rural areas for a project anywhere in the
State, in accordance with an established
statewide program for meeting the
objectives of the Section 5310 program.
A recipient may transfer apportioned
funds only after consulting with
responsible local officials, publicly
owned operators of public
transportation, and nonprofit providers
in the area from which the funds to be
transferred were originally apportioned.
Funds apportioned to large urbanized
areas may not be transferred to other
areas.
As stated previously, the new Section
5310 Program requires that not less than
55 percent of funds apportioned to a
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State or designated recipient shall be
available for Traditional Section 5310
Projects—those public transportation
capital projects planned, designed, and
carried out to meet the specific needs of
seniors and individuals with disabilities
when public transportation is
insufficient, unavailable or
inappropriate, and carried out by
eligible surbrecipients. Notably, this 55
percent is a floor, not a ceiling—
recipients may use more than 55 percent
of their apportionment for this type of
project.
In addition to the above required
capital projects, up to 45 percent of the
apportionments may be utilized for
additional public transportation
projects: Projects that exceed the ADA
minimum requirements; projects that
improve access to fixed route service
and decrease reliance by individuals
with disabilities on ADA
complementary paratransit service; and
projects that provide alternatives to
public transportation that assist seniors
and individuals with disabilities with
transportation. Such projects must be
targeted toward meeting the
transportation needs of individuals with
disabilities, although they may also be
used by the general public.
In order to be clear about which
projects are Traditional Section 5310
Projects and meet the 55 percent
minimum threshold, FTA proposes
dividing the eligible activities into two
sections: Eligible capital expenses that
meet the 55 percent requirement; and
other eligible capital and operating
expenses. The list of proposed eligible
activities for the Traditional Section
5310 Projects is virtually identical to the
list of eligible activities in FTA Circular
9070.1F (Section 5310), with some
streamlining. In addition, based on
historical uses of the funds, FTA is
proposing to include the eligibility of
rolling stock for and acquisition of ADA
complementary paratransit services as
Traditional Section 5310 Projects when
carried out by eligible subrecipients that
can count toward the minimum 55
percent required, so long as the projects
are planned, designed, and carried out
to meet the specific needs of seniors and
individuals with disabilities when
public transportation is insufficient,
unavailable or inappropriate, and the
projects are included in the area’s
coordinated plan. The list of proposed
eligible activities in the other eligible
capital and operating expenses is
virtually identical to the list of eligible
activities in FTA Circular 9045.1 (New
Freedom). The list of eligible activities
is illustrative and not exhaustive.
Under SAFETEA–LU, a higher
Federal share for Section 5310 eligible
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capital projects was available to 14
States with a high proportion of Federal
lands, as described in 23 U.S.C. 120(b)
(also known as the ‘‘sliding scale’’).
MAP–21 struck this provision.
Therefore, the Federal share for all
States for Section 5310 funds is 80
percent for capital projects and 50
percent for operating projects. The
proposed circular reflects this change in
the law. However, when funds are
transferred to Section 5310 from FHWA
programs, the higher Federal share by
the sliding scale is permissible, but they
are limited in use to eligible capital
projects.
FTA seeks comment on the content
and format of Chapter III.
D. Chapter IV—Program Development
FTA proposes only minor changes to
Chapter IV, generally to address the
change from a State-managed program
to a program managed by designated
recipients as well as States. However,
FTA did make changes to the categories
of approval and the revisions to the
program of projects sections. First, FTA
proposes to eliminate Category C, which
was typically used for program reserve.
Given that Section 5310 funds are
available for obligation for a total of
three years, if the State or designated
recipient does not have a project
identified that fits in either Category A
or B, FTA recommends the funds
remain unobligated until future needs
arise. Second, FTA proposed an update
to the revisions to the program of
projects sections to provide flexibility to
States or designated recipients to make
minor revisions without having to
necessarily obtain FTA’s prior approval.
FTA seeks comment on the content of
Chapter IV.
E. Chapter V—Coordinated Planning
This chapter describes the required
coordinated planning process. FTA
proposes only minor changes to this
chapter, including the change to the
definition of a coordinated plan, which
now requires that selected projects be
included in, and not merely derived
from, the coordinated plan, and that
seniors and individuals with disabilities
be involved in the development and
approval of the coordinated plan. Even
with the change in language to
‘‘included in’’, FTA proposes to
maintain flexibility in how projects
appear in the coordinated plan. For
example, for purposes of the
coordinated plan, a project is a strategy,
activity or specific action addressing an
identified service gap or transportation
coordination objective articulated and
prioritized within the plan. FTA seeks
comment on maintaining this approach
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Fmt 4703
Sfmt 4703
to coordinated planning and the content
of Chapter V.
F. Chapter VI—Program Management
and Administrative Requirements
FTA proposes only minor changes to
Chapter VI, generally to address the
change from a State-managed program
to a program managed by designated
recipients as well as States. This section
is also updated to reflect MAP–21
updates. FTA expects to further amend
section 23, Reporting Requirements,
subsection d., Program Measures, in
response to comments sought on
performance measures. Please see the
section on Performance Measures,
above. FTA seeks comment on the
content of Chapter VI.
G. Chapter VII—State and Program
Management Plans
FTA proposes only minor changes to
Chapter VII, generally to address the
change from a State-managed program
to a program managed by designated
recipients as well as States. This
includes the requirement that
designated recipients that are not States
must have a Program Management Plan
for the Section 5310 Program. This is
the same requirement designated
recipients had for the New Freedom
Program, so FTA proposes continuing
the requirement. In the case of
designated recipients that are not States,
FTA will review the Program
Management Plan during triennial
reviews.
FTA seeks comment on the content of
this chapter.
H. Chapter VIII—Other Provisions
This chapter describes cross-cutting
FTA and Federal requirements that
apply to the Section 5310 Program. FTA
includes minor language changes to this
chapter that reflect the change in
Section 5310 from a State-managed
program to a program managed by
designated recipients as well as States,
and to update for MAP–21 changes.
FTA proposes removing the section on
public hearing requirements, as the
authority for that section was formerly
in 49 U.S.C. 5323(b) as amended by
SAFETEA–LU, and repealed by MAP–
21. We propose removing the section on
pre-award and post-delivery reviews,
since this information is already
covered in the procurement section of
Chapter VI. We propose streamlining
the section on drug and alcohol testing
section. We have updated the section on
civil rights to reflect updated guidance
implemented since the last publication
of this circular. We have similarly
updated the safety and security section
to reflect changes in the law.
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FTA seeks comment on the content of
this chapter.
I. Appendices
FTA made only a few changes to the
appendices, generally to reflect changes
in the law. For example, at least 55
percent of the annual apportionment
must be identified for Traditional 5310
Projects, and the applicant must clearly
identify the capital projects satisfying
the 55 percent minimum requirement.
The extended budget descriptions
should confirm which activities are
supporting this requirement. For public
transportation projects that exceed the
requirements of the ADA, projects that
reduce barriers to people with
disabilities, or for alternatives to public
transportation that assist seniors and
individuals with disabilities, the
applicant should use scope 647–00.
Appendix B provides a Sample
Section 5310 Program of Projects, and
demonstrates how the applicant will
have a line item for traditional Section
5310 capital projects at the 55 percent
minimum level and a line item for
operating expenses and other capital
expenses at the 45 percent maximum
level.
FTA seeks comment on the
appendices.
Issued in Washington, DC, this 3rd day of
July, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013–16624 Filed 7–10–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No: PHMSA–2013–0003]
Pipeline Safety: Information Collection
Activities, Revision to Annual Report
for Hazardous Liquid Pipeline Systems
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Request abstracted below is
being forwarded to the Office of
Management and Budget (OMB) for
review and comments. A Federal
Register notice with a 60-day comment
period soliciting comments on the
information collection was published on
February 6, 2013, (78 FR 8699).
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SUMMARY:
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PHMSA received one comment in
response to that notice. PHMSA is
publishing this notice to respond to the
comment, provide the public with an
additional 30 days to comment on the
proposed revisions to the forms and the
instructions, and announce that the
revised information collections will be
submitted to OMB for approval.
DATES: Comments must be submitted on
or before August 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Blaine Keener by telephone at 202–366–
0970, by fax at 202–366–4566, or by
email at blaine.keener@dot.gov.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–2013–0003 by any of the
following methods:
• Fax: 1–202–395–5806.
• Mail: Office of Information and
Regulatory Affairs (OIRA), Records
Management Center, Room 10102
NEOB, 725 17th Street NW.,
Washington, DC 20503, ATTN: Desk
Officer for the U.S. Department of
Transportation\PHMSA.
• Email: Office of Information and
Regulatory Affairs, OMB, at the
following email address:
OIRA_Submission@omb.eop.gov.
Requests for a copy of the Information
Collection should be directed to Angela
Dow by telephone at 202–366–1246, by
fax at 202–366–4566, by email at
Angela.Dow@dot.gov, or by mail at U.S.
Department of Transportation, PHMSA,
1200 New Jersey Avenue SE., PHP–30,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8 (d), Title 5, Code of Federal
Regulations, requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies a revised information
collection request that PHMSA will be
submitting to OMB for approval. The
information collected from hazardous
liquid operators’ annual reports is an
important tool for identifying safety
trends in the hazardous liquid pipeline
industry.
Summary of Topic Comments/
Responses
During the two-month response
period, PHMSA received one joint
comment from the following
stakeholders:
• American Petroleum Institute (API)
• Association of Oil Pipelines (AOPL)
This 30-day notice responds to the
comments, which may be found at
https://www.regulations.gov, at docket
number PHMSA–2013–0003.
The following is a summary of the
joint comments to PHMSA regarding the
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41829
proposed changes to the Hazardous
Liquid Operator Annual Report. Most of
the comments are in reference to the
reporting of Parts D and E information
on a by-state basis.
A. By-State Reporting for Parts D and E
Comment: API and AOPL commented
that state-by-state reporting for parts D
and E will not enhance pipeline safety
or provide meaningful data, and that
data collection will impose more burden
on operators than PHMSA estimated.
They point out that ‘‘although the notice
states that state-by-state information is
‘‘essential for PHMSA’s response to
state regulators, Congress, state officials,
and the public following pipeline
incidents,’’ the notice fails to explain
how the data will be used to quantify
risk or advance pipeline safety. PHMSA
already receives the data on a total
system basis, which is consistent with
PHMSA’s regulatory approach of
overseeing the safety of the interstate
liquids pipeline network overall, not on
a state-by-state basis.
PHMSA’s Response: PHMSA is
responsible for safety oversight of both
interstate and intrastate pipeline
systems. For those states that are
certified, the state pipeline safety
agency provides oversight and
enforcement on pipeline facilities
within that state. PHMSA funds up to
80 percent of costs for state pipeline
safety programs. By-state reporting will
increase PHMSA’s ability to oversee
state pipeline regulatory activities.
Without by-state reporting for the
proposed information, PHMSA is
unable to respond to elementary
questions from State Governors,
Senators, Congressmen, and the media,
who frequently ask for such information
especially following significant
accidents within their state. Safety
analysis is a large part of PHMSA’s
mission, but responding to information
needs from stakeholders is also critical
to the mission. By-state information can
also help track overall improvements in
pipe inventory at a state level, which
aides in understanding national
improvement trends. For example, cast
iron replacement became a special
concern for the Secretary of
Transportation and others after an
accident involving cast iron pipe in
Pennsylvania in 2011. PHMSA is able to
track by-state replacement rates for such
pipe because that information is
available on a by-state basis. PHMSA
also believes that the increasing use of
Geographic Information System (GIS)
tools by industry makes it increasingly
easier for operators to provide such
information.
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]]>Agencies
[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Notices]
[Pages 41824-41829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16624]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2013-0026]
Enhanced Mobility for Seniors and Individuals With Disabilities:
Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Proposed Circular and Request for
Comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site, proposed guidance in the form of a circular
to assist grantees in implementing the Enhanced Mobility for Seniors
and Individuals with Disabilities Program. The Moving Ahead for
Progress in the 21st Century Act (MAP-21, Pub. L. 112-141) blended the
New Freedom Program (49 U.S.C. 5317) and the Elderly Individuals and
Individuals with Disabilities Program (49 U.S.C. 5310) into a new
Enhanced Mobility for Seniors and Individuals with Disabilities
Program, authorized at 49 U.S.C. 5310. FTA is updating the circular due
to these changes in the law. By this notice, FTA invites public comment
on the proposed circular for this program.
DATES: Comments must be submitted by September 9, 2013. FTA will
consider late-filed comments to the extent practicable.
ADDRESSES: Please submit your comments by only one of the following
methods, identifying your submission by docket number FTA-2013-0026.
All electronic submissions must be made to the U.S. Government
electronic site at https://www.regulations.gov.
(1) Federal eRulemaking Portal: Go to https://www.regulations.gov
and follow the online instructions for submitting comments.
(2) Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
(3) Hand Delivery or Courier: West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
time, Monday through Friday, except Federal holidays.
(4) Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2013-0026) for this notice at
the beginning of your comments. Submit two copies of your comments if
you
[[Page 41825]]
submit them by mail. For confirmation that FTA received your comments,
include a self-addressed stamped postcard. Note that all comments
received will be posted without change to www.regulations.gov including
any personal information provided and will be available to Internet
users. You may review DOT's complete Privacy Act Statement published in
the Federal Register on April 11, 2000 (65 FR 19477).
Docket: For access to the docket to read background documents and
comments received, go to www.regulations.gov at any time or to the U.S.
Department of Transportation, 1200 New Jersey Ave. SE., Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program questions, Gilbert
Williams, Office of Program Management, Federal Transit Administration,
1200 New Jersey Ave. SE., Room E44-409, Washington, DC, 20590, phone:
(202) 366-0797, fax: (202) 366-7951, or email,
Gilbert.Williams@dot.gov. For legal questions, Bonnie Graves, Office of
Chief Counsel, same address, Room E56-306, phone: (202) 366-4011, fax:
(202) 366-3809, or email, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
B. Chapter II--Program Overview
C. Chapter III--General Program Information
D. Chapter IV--Program Development
E. Chapter V--Coordinated Planning
F. Chapter VI--Program Management and Administrative
Requirements
G. Chapter VII--State and Program Management Plans
H. Chapter VIII--Other Provisions
I. Appendices
I. Overview
FTA is updating Circular 9070.1F, ``Elderly Individuals and
Individuals with Disabilities Program Guidance and Application
Instructions,'' last revised in 2007, in order to incorporate changes
in the law subsequent to passage of the Moving Ahead for Progress in
the 21st Century Act (MAP-21, Pub. L. 112-141). MAP-21 blended the
previous ``Section 5310 Program'' and the New Freedom Program (49
U.S.C. 5317, authorized by the Safe, Accountable, Flexible, Efficient
Transportation Equity Act--A Legacy for Users (SAFETEA-LU), and
repealed by MAP-21).
The new Section 5310 Program, as amended by MAP-21, authorizes
grants for the activities previously authorized under two separate
grants programs, including public transportation capital projects
planned, designed, and carried out to meet the special needs of seniors
and people with disabilities when public transportation is
insufficient, unavailable, or inappropriate; public transportation
projects that exceed the requirements of the Americans with
Disabilities Act (ADA) of 1990; and alternatives to public
transportation that assist people with disabilities with
transportation. Notably, the ``alternatives to public transportation''
language now applies to seniors as well as to people with disabilities,
and projects no longer have to be ``new'' to be eligible for funding.
In addition to the previously eligible activities, MAP-21 adds a new
eligible activity under this section entitled: ``public transportation
projects that improve access to fixed route service and decrease
reliance by people with disabilities on complementary paratransit.''
The objective of this activity is to remove barriers, including
improving access to public rights-of-way and installing elevators in
rail stations that are not required by the ADA to have elevators, so
people who use wheelchairs or have other mobility impairments have
greater access to bus stops and rail stations.
Several aspects of the new Section 5310 Program carry forward
language from the previous Sections 5310 and 5317 (New Freedom)
Programs. For example, projects funded under the new Section 5310 must
also be part of a program of projects that is annually submitted to
FTA. Recipients of Section 5310 funds may coordinate and assist with
meal delivery services for homebound people, if the service does not
interfere with the provision of transportation services. The Federal
share of costs remains at 80 percent for capital projects and 50
percent for operating. Consistent with previous law, facilities or
equipment may be transferred to other recipients under certain
conditions. Further, the requirement for coordinated planning is
retained, and projects must be included in the coordinated plan. In
addition, seniors and people with disabilities must be included in the
development and approval of the coordinated plan.
Under MAP-21, funding for the new Section 5310 Program is no longer
apportioned only to States; however, it is now apportioned in the same
way that Section 5317 (New Freedom) funds were apportioned under the
previous authorization, except the senior population (age 65 and over)
is now included in the new formula. Sixty percent of the funds are
apportioned to designated recipients in large urbanized areas with a
population of 200,000 or more in a ratio reflecting the number of
seniors and people with disabilities in each such urbanized area; 20
percent of the funds are apportioned to the States in a ratio
reflecting the number of seniors and people with disabilities in
urbanized areas with a population of less than 200,000; and, likewise,
20 percent of the funds are apportioned to the States in a ratio
reflecting the number of seniors and people with disabilities in rural
areas with a population of less than 50,000 in each State.
The competitive selection process, required under the previous New
Freedom Program, is no longer mandatory. However, whether or not a
State or a designated recipient uses a competitive selection process to
award funds to subrecipients, the State or designated recipient must
certify that funds allocated to subrecipients are allocated on a fair
and equitable basis.
Finally, the new Section 5310 Program requires FTA to establish
performance measures for grants made under Section 5310. This notice,
in the section describing changes in Chapter II, seeks comment on
proposed performance measures for this program.
This notice also provides a summary of proposed changes to FTA
Circular 9070.1F. Once the final circular is adopted, it will supersede
the existing 5310 Program Circular. The proposed circular itself is not
included in this notice; instead, an electronic version may be found on
FTA's Web site, at www.fta.dot.gov, and in the docket, at
www.regulations.gov. Paper copies of the proposed circular may be
obtained by contacting FTA's Administrative Services Help Desk, at
(202) 366-4865. FTA seeks comment on the proposed circular.
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
Chapter I of the proposed circular is an introductory chapter and
covers general information about FTA and how to contact us, briefly
reviews the authorizing legislation for FTA programs generally,
includes definitions applicable to the Section 5310 Program, and
provides a brief history of the Section 5310 Program. Where applicable,
we have used the same definitions found in statute,
[[Page 41826]]
rulemakings, and other circulars to ensure consistency.
There are few substantive changes to this chapter. We have removed
the reference to Grants.gov, since Section 5310 grants are distributed
by formula, and only discretionary grants are listed on Grants.gov. We
have added, amended, or removed definitions as necessary. For example,
MAP-21 amended the definition of ``disability'' in title 49 U.S.C. 5302
to be consistent with the definition as it appears in the Americans
with Disabilities Act (ADA). We have added a number of definitions that
are used throughout FTA Circulars, such as ``Capital Lease,'' ``Cost of
Project Property,'' ``Master Agreement,'' and ``Operating Expenses.''
Some terms have changed in accordance with MAP-21: ``Chief Executive
Officer of a State'' is now ``Governor;'' ``Elderly Individual'' is now
``Senior;'' and ``Other than Urbanized Area'' is now ``Rural Area.'' We
have also added a definition of ``Traditional Section 5310 Projects''--
meaning those capital projects planned, designed, and carried out to
meet the special needs of seniors and individuals with disabilities
when public transportation is insufficient, inappropriate, or
unavailable, and carried out by eligible subrecipients as described in
Chapter III. The new Section 5310 Program requires that not less than
55 percent of funds apportioned to a State or designated recipient
shall be available for these Traditional Section 5310 Projects.
Finally, we have updated the Program History section to include the
changes to the program effective with MAP-21.
FTA seeks comment on the content of Chapter I.
B. Chapter II--Program Overview
We propose amending some of the content of this chapter. We propose
amending Section 1, Statutory Authority, to remove references to
SAFETEA-LU and instead include MAP-21. This section includes a number
of statutory provisions, including the list of eligible activities, the
requirement that 55 percent of funds be available for Traditional
Section 5310 Projects, the types of entities that are eligible
subrecipients for Traditional Section 5310 Projects, as well as the
types of entities that may be subrecipients for other eligible
activities. We propose amending Section 2, Program Goal, to reflect the
additional goal of removing barriers to transportation services and
expanding the transportation mobility options available.
As stated previously, the Section 5310 Program is no longer
administered exclusively by the States. Instead, funds are apportioned
to States and designated recipients in large urbanized areas. FTA
proposes changes to Chapter II to address these changes in the law. The
recipient's role in program administration has been streamlined, and
includes references to both States and designated recipients. We
propose extensive edits to section 6, Relationship to Other FTA
Programs, as both the Job Access and Reverse Commute (JARC) and New
Freedom Programs were repealed, and the coordination provisions needed
to be updated due to these repeals. We propose only minor edits to
section 7, Coordination with Other Federal Programs. We propose
updating the information related to the Coordinating Council on Access
and Mobility (CCAM), and adding a paragraph on other interagency
coordination.
Performance Measures
Section 3 of this chapter includes information on performance
measures. Section 5310(h) requires FTA to submit a report to Congress
no later than September 30, 2013, making recommendations on the
establishment of performance measures for grants under Section 5310.
Such report shall be developed in consultation with national nonprofit
organizations that provide technical assistance and advocacy on issues
related to transportation services for seniors and individuals with
disabilities.
The performance measures to be considered in the report require the
collection of quantitative and qualitative information, as available,
concerning--
(1) Modifications to the geographic coverage of transportation
service, the quality of transportation service or service times that
increase the availability of transportation services for seniors and
individuals with disabilities;
(2) ridership;
(3) accessibility improvements; and
(4) other measures, as the Secretary determines is appropriate.
Additionally, Section 5335(c) requires all FTA grant recipients,
including grant recipients under Section 5310, to report an asset
inventory or condition assessment conducted by the recipient to the
National Transit Database (NTD). Taken together, these requirements are
similar to the requirements pertaining to FTA's Section 5311 Rural Area
Formula Program. Section 5335(b) requires all recipients of grants
under Section 5311 to report financial, operating, and asset condition
information to the NTD. Additionally, Section 5311(b)(4) requires each
recipient of grants under Section 5311 to annual report total annual
revenue, sources of revenue, total annual operating costs, total annual
capital costs, fleet size and type, related facilities, vehicle revenue
miles, and ridership. Further, many recipients or subrecipients of
Section 5310 grants may also be recipients of the Section 5307
Urbanized Area Formula Program, and as such are already required to
submit comprehensive reports to the NTD.
One option FTA is considering is to simplify the reporting burden
by combining all of the above reporting requirements into a single
requirement for recipients of Section 5310 or Section 5311 to report to
the NTD on behalf of all of their subrecipients, and for recipients of
Section 5310 or Section 5307 to report on behalf of all of their
subrecipients, under a single, unified reporting system. The current
NTD reporting requirements for Section 5311 already include ridership,
accessibility improvements (as part of the revenue vehicle inventory,
and other measures as the Secretary deems appropriate (vehicle revenue
miles, total operating and capital expenses.)) In order to implement
this option, FTA would have to expand the current Rural and Urbanized
Area Annual data collections to include a measure of ``geographic
coverage of transportation service'' and ``service times that increase
the availability of transportation services for seniors and individuals
with disabilities.'' As such, any Section 5310 recipient that is
already reporting to the NTD as either a Section 5307 recipient or as a
Section 5311 subrecipient would already meet the proposed Section 5310
reporting requirements through their existing NTD reports. Section 5310
grant recipients would then only need to add NTD reports for any
subrecipients that are not already reporting to the NTD.
FTA seeks comment on the above approach:
a. Should FTA consider implementing a unified and combined NTD
Reporting Requirement for the Section 5310 and 5311 programs, and the
Section 5310 and 5307 programs? This would require States to report on
behalf of all subrecipients from both the 5310 and 5311 programs,
except those already reporting to the NTD; Urbanized Area designated
recipients would also have to report on behalf of all subrecipients,
except those already reporting to the NTD.
(1) If not, what approach should FTA consider for implementing the
requirements of Section 5335(c) for all FTA grant recipients to report
an asset inventory or condition assessment to the NTD?
[[Page 41827]]
(2) If not, what approach(es) should FTA consider in making
recommendations to Congress on collecting quantitative and qualitative
data to support performance measures for the Section 5310 program?
b. What information should FTA consider collecting in order to
establish performance measures for ``geographic coverage of
transportation service?''
(1) Would collecting the size and location of the demand response
service area (either as operated, or else as required by the Americans
with Disabilities Act to complement fixed-route service) be suitable?
(2) If so, would collecting these data on the basis of political
jurisdictions (e.g. counties served (for full-counties) or townships
served (when serving less than a county) be suitable?
(3) Would another information collection be more appropriate for
meeting this requirement? Please be as specific as possible.
c. What information should FTA consider collecting in order to
establish performance measures for ``service quality or service times
that increase the availability of transportation services for seniors
and individuals with disabilities?''
(1) Would collecting the hours of operation for the demand response
service (either as operated, or else as required by the Americans with
Disabilities Act to complement fixed-route service) for each day of the
week be suitable?
(2) Would collecting the service terms and conditions (e.g. advance
notice requirement, eligibility (e.g. general public, limited on the
basis of disability, etc.), pick-up window, etc.) be suitable?
(3) Would another information collection be more appropriate for
meeting this requirement? Please be as specific as possible.
d. Once the data collection is established, how should FTA
establish the performance measures?
FTA seeks comment on the content of Chapter II.
C. Chapter III--General Program Information
Due to the changes in Section 5310 under MAP-21, FTA proposes
substantially revising this chapter. Since funding for the program is
apportioned to States and designated recipients in large urbanized
areas, FTA proposes inserting a number of sections from the circular
that implemented the New Freedom Program (C. 9045.1, May 2007). This
includes information regarding recipient designation, role of the
designated recipient, and eligible direct recipients. In urbanized
areas over 200,000 in population, the recipient charged with
administering the Section 5310 Program must be officially designated
through a process consistent with 49 U.S.C. 5302(4). Consistent with
the former New Freedom program, FTA proposes that it is appropriate for
the designated recipient for the Section 5307 Program to be the
designated recipient for the Section 5310 Program, but another entity
may be designated as the recipient for Section 5310 funds based on
local circumstances. A State agency may be the designated recipient for
large urbanized areas, but funds apportioned to the large UZA(s) must
be allocated to those areas. The only other entity that may be a direct
recipient for Section 5310 funds (for example, at the conclusion of the
project selection process) in a large UZA is a Section 5307 designated
recipient.
Consistent with the Section 5310 program under previous
authorizations, for Traditional Section 5310 Projects, the designated
recipient or State applies for Section 5310 funds on behalf of private
non-profit agencies and eligible local governmental authorities within
the rural area of the State or the urbanized area. This provision
ensures continued support for non-profit providers of public
transportation, and maintains the status quo for these projects. For
the remaining 45 percent of Section 5310 funds available to a rural or
urbanized area, the designated recipient applies to FTA on behalf of
itself and eligible subrecipients.
FTA proposes two sections on subrecipients: One section for
Traditional Section 5310 Projects, and one for additional eligible
projects. The new Section 5310 Program essentially maintains the status
quo for Traditional Section 5310 Projects--those public transportation
capital projects planned, designed, and carried out to meet the special
needs of seniors and individuals with disabilities when public
transportation is insufficient, unavailable or inappropriate. These
projects are carried out by private non-profit organizations; or a
State or local governmental authority that is approved by a State to
coordinate services for seniors and individuals with disabilities, or
certifies that there are no non-profit organizations readily available
in the area to provide the service. Eligible subrecipients for other
eligible Section 5310 activities include a State or local governmental
authority, a private non-profit organization, or an operator of public
transportation that receives a Section 5310 grant indirectly through a
recipient.
In an effort to address one of the frequently asked questions of
the New Freedom Program, FTA proposes including a new section that
discusses private taxi operators as subrecipients. Taxi operators that
provide shared-ride service may be subrecipients for non-Traditional
Section 5310 Projects, as an operator of public transportation. Local
(municipal/State) statutes or regulations, or company policy, will
generally determine whether a taxi company provides shared-ride or
exclusive-ride service. Taxi companies that wish to participate in the
Section 5310 Program that do not provide shared-ride service may do so
as contractors to recipients or subrecipients.
Sections 8, 9, and 10 of Chapter III discuss apportionment of
funds, funds availability, and transfer of funds. FTA apportions funds
by statutory formula: 60 percent among designated recipients in large
urbanized areas; 20 percent to the States for small urbanized areas;
and 20 percent to the States for rural areas under 50,000 in
population. The formula is based on the ratio that the number of
seniors and individuals with disabilities in an area (such as a large
UZA) bears to the number of seniors and individuals with disabilities
in all such areas. Consistent with the previous guidance, Section 5310
funds are available for obligation in the year of apportionment plus
two additional years.
Under the previous Section 5310 Program, States could transfer
funds to an apportionment under Section 5311(c) or 5307. This transfer
provision is no longer part of the law. However, funds apportioned to
small urbanized areas or rural areas may be transferred to projects in
large urbanized areas if the Governor certifies that objectives of the
Section 5310 program are being met in the small urbanized or rural
areas that received the initial apportionment. Alternatively, a State
may transfer funds apportioned to small urbanized areas or rural areas
for a project anywhere in the State, in accordance with an established
statewide program for meeting the objectives of the Section 5310
program. A recipient may transfer apportioned funds only after
consulting with responsible local officials, publicly owned operators
of public transportation, and nonprofit providers in the area from
which the funds to be transferred were originally apportioned. Funds
apportioned to large urbanized areas may not be transferred to other
areas.
As stated previously, the new Section 5310 Program requires that
not less than 55 percent of funds apportioned to a
[[Page 41828]]
State or designated recipient shall be available for Traditional
Section 5310 Projects--those public transportation capital projects
planned, designed, and carried out to meet the specific needs of
seniors and individuals with disabilities when public transportation is
insufficient, unavailable or inappropriate, and carried out by eligible
surbrecipients. Notably, this 55 percent is a floor, not a ceiling--
recipients may use more than 55 percent of their apportionment for this
type of project.
In addition to the above required capital projects, up to 45
percent of the apportionments may be utilized for additional public
transportation projects: Projects that exceed the ADA minimum
requirements; projects that improve access to fixed route service and
decrease reliance by individuals with disabilities on ADA complementary
paratransit service; and projects that provide alternatives to public
transportation that assist seniors and individuals with disabilities
with transportation. Such projects must be targeted toward meeting the
transportation needs of individuals with disabilities, although they
may also be used by the general public.
In order to be clear about which projects are Traditional Section
5310 Projects and meet the 55 percent minimum threshold, FTA proposes
dividing the eligible activities into two sections: Eligible capital
expenses that meet the 55 percent requirement; and other eligible
capital and operating expenses. The list of proposed eligible
activities for the Traditional Section 5310 Projects is virtually
identical to the list of eligible activities in FTA Circular 9070.1F
(Section 5310), with some streamlining. In addition, based on
historical uses of the funds, FTA is proposing to include the
eligibility of rolling stock for and acquisition of ADA complementary
paratransit services as Traditional Section 5310 Projects when carried
out by eligible subrecipients that can count toward the minimum 55
percent required, so long as the projects are planned, designed, and
carried out to meet the specific needs of seniors and individuals with
disabilities when public transportation is insufficient, unavailable or
inappropriate, and the projects are included in the area's coordinated
plan. The list of proposed eligible activities in the other eligible
capital and operating expenses is virtually identical to the list of
eligible activities in FTA Circular 9045.1 (New Freedom). The list of
eligible activities is illustrative and not exhaustive.
Under SAFETEA-LU, a higher Federal share for Section 5310 eligible
capital projects was available to 14 States with a high proportion of
Federal lands, as described in 23 U.S.C. 120(b) (also known as the
``sliding scale''). MAP-21 struck this provision. Therefore, the
Federal share for all States for Section 5310 funds is 80 percent for
capital projects and 50 percent for operating projects. The proposed
circular reflects this change in the law. However, when funds are
transferred to Section 5310 from FHWA programs, the higher Federal
share by the sliding scale is permissible, but they are limited in use
to eligible capital projects.
FTA seeks comment on the content and format of Chapter III.
D. Chapter IV--Program Development
FTA proposes only minor changes to Chapter IV, generally to address
the change from a State-managed program to a program managed by
designated recipients as well as States. However, FTA did make changes
to the categories of approval and the revisions to the program of
projects sections. First, FTA proposes to eliminate Category C, which
was typically used for program reserve. Given that Section 5310 funds
are available for obligation for a total of three years, if the State
or designated recipient does not have a project identified that fits in
either Category A or B, FTA recommends the funds remain unobligated
until future needs arise. Second, FTA proposed an update to the
revisions to the program of projects sections to provide flexibility to
States or designated recipients to make minor revisions without having
to necessarily obtain FTA's prior approval.
FTA seeks comment on the content of Chapter IV.
E. Chapter V--Coordinated Planning
This chapter describes the required coordinated planning process.
FTA proposes only minor changes to this chapter, including the change
to the definition of a coordinated plan, which now requires that
selected projects be included in, and not merely derived from, the
coordinated plan, and that seniors and individuals with disabilities be
involved in the development and approval of the coordinated plan. Even
with the change in language to ``included in'', FTA proposes to
maintain flexibility in how projects appear in the coordinated plan.
For example, for purposes of the coordinated plan, a project is a
strategy, activity or specific action addressing an identified service
gap or transportation coordination objective articulated and
prioritized within the plan. FTA seeks comment on maintaining this
approach to coordinated planning and the content of Chapter V.
F. Chapter VI--Program Management and Administrative Requirements
FTA proposes only minor changes to Chapter VI, generally to address
the change from a State-managed program to a program managed by
designated recipients as well as States. This section is also updated
to reflect MAP-21 updates. FTA expects to further amend section 23,
Reporting Requirements, subsection d., Program Measures, in response to
comments sought on performance measures. Please see the section on
Performance Measures, above. FTA seeks comment on the content of
Chapter VI.
G. Chapter VII--State and Program Management Plans
FTA proposes only minor changes to Chapter VII, generally to
address the change from a State-managed program to a program managed by
designated recipients as well as States. This includes the requirement
that designated recipients that are not States must have a Program
Management Plan for the Section 5310 Program. This is the same
requirement designated recipients had for the New Freedom Program, so
FTA proposes continuing the requirement. In the case of designated
recipients that are not States, FTA will review the Program Management
Plan during triennial reviews.
FTA seeks comment on the content of this chapter.
H. Chapter VIII--Other Provisions
This chapter describes cross-cutting FTA and Federal requirements
that apply to the Section 5310 Program. FTA includes minor language
changes to this chapter that reflect the change in Section 5310 from a
State-managed program to a program managed by designated recipients as
well as States, and to update for MAP-21 changes. FTA proposes removing
the section on public hearing requirements, as the authority for that
section was formerly in 49 U.S.C. 5323(b) as amended by SAFETEA-LU, and
repealed by MAP-21. We propose removing the section on pre-award and
post-delivery reviews, since this information is already covered in the
procurement section of Chapter VI. We propose streamlining the section
on drug and alcohol testing section. We have updated the section on
civil rights to reflect updated guidance implemented since the last
publication of this circular. We have similarly updated the safety and
security section to reflect changes in the law.
[[Page 41829]]
FTA seeks comment on the content of this chapter.
I. Appendices
FTA made only a few changes to the appendices, generally to reflect
changes in the law. For example, at least 55 percent of the annual
apportionment must be identified for Traditional 5310 Projects, and the
applicant must clearly identify the capital projects satisfying the 55
percent minimum requirement. The extended budget descriptions should
confirm which activities are supporting this requirement. For public
transportation projects that exceed the requirements of the ADA,
projects that reduce barriers to people with disabilities, or for
alternatives to public transportation that assist seniors and
individuals with disabilities, the applicant should use scope 647-00.
Appendix B provides a Sample Section 5310 Program of Projects, and
demonstrates how the applicant will have a line item for traditional
Section 5310 capital projects at the 55 percent minimum level and a
line item for operating expenses and other capital expenses at the 45
percent maximum level.
FTA seeks comment on the appendices.
Issued in Washington, DC, this 3rd day of July, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013-16624 Filed 7-10-13; 8:45 am]
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