State of Good Repair Grants Program: Proposed Circular, 11865-11868 [2014-04512]
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[FR Doc. 2014–04638 Filed 2–28–14; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2014–0008]
State of Good Repair Grants Program:
Proposed Circular
AGENCY:
Federal Transit Administration
(FTA).
Notice of availability of
proposed circular and request for
comments.
ACTION:
SUMMARY: FTA has placed in the docket
and on its Web site proposed guidance,
in the form of a circular, to assist
recipients of financial aid under the 49
U.S.C. 5337 State of Good Repair
(‘‘SGR’’) Grants program. The proposed
circular provides instructions and
guidance on program administration
and the grant application process.
DATES: Comments must be received by
April 2, 2014. Late filed comments may
be considered so far as practicable.
ADDRESSES: You may submit comments,
identified by docket number FTA–
2014–0008, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• U.S. Mail: U.S. Department of
Transportation Docket Operations, 1200
New Jersey Avenue Southeast, Room
W12–140, Washington, DC 20590–0001.
• Hand Delivery/Courier: U.S.
Department of Transportation Docket
Operations, 1200 New Jersey Avenue
Southeast, Room W12–140, Washington,
DC 20590–0001, between the hours of
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions received
must include the agency name and
docket number for this notice at the
beginning of your comment. If sent by
mail, please include two copies. If you
wish to receive confirmation that FTA
received your comment, you must
include a self-addressed and stamped
postcard.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. You
may review the U.S. Department of
Transportation’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000, at 65 FR
19477–8 or at https://docketsinfo.dot.gov.
Due to security procedures in effect
since October 2001, mail received
through the U.S. Postal Service may be
subject to delays. Parties mailing
comments should consider using an
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11865
express mail firm to ensure their prompt
filing.
FOR FURTHER INFORMATION CONTACT: Eric
Hu, FTA Office of Program
Management, (202) 366–0870, Eric.Hu@
dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Summary
A. Chapter I: Introduction and Background
B. Chapter II: Program Overview
C. Chapter III: General Program
Information
D. Chapter IV: Planning and Program
Development
E. Chapter V: Program Management and
Administrative Requirements
F. Chapter VI: Other Provisions
G. Appendices
I. Overview
The Moving Ahead for Progress in the
21st Century Act (‘‘MAP–21’’), Public
Law 112–141, 126 Stat. 405 (2012),
made significant changes to the Federal
transit laws that are applicable across all
of FTA’s financial assistance programs.
These changes further several important
goals of the U.S. Department of
Transportation. Most notably, MAP–21
grants FTA new authority to oversee
and regulate the safety of public
transportation systems in the United
States and authorizes a new Public
Transportation Safety Program at 49
U.S.C. 5329. MAP–21 also establishes a
new National Transit Asset Management
system at 49 U.S.C. 5326 including a
new requirement for transit asset
management plans, performance
measures and annual target setting
based on a definition of ‘‘state of good
repair’’, and additional technical
assistance from FTA.
MAP–21 also establishes the new
State of Good Repair (SGR) Grants
program at 49 U.S.C. 5337. In contrast
to the repealed fixed guideway
modernization program, the purpose of
the SGR Grants program is the
maintenance, replacement, and
rehabilitation of capital assets, along
with the development and
implementation of transit asset
management plans.
These three new sections—section
5326 transit asset management, section
5329 public transportation safety
program, and section 5337 SGR Grants
program—enhance the process by which
a transit provider evaluates the SGR
needs of capital assets and finances
necessary replacement or rehabilitation,
as informed by conditions of capital
assets and safety risk priorities. A transit
provider’s safety and asset assessment
informs its asset management process,
which informs budgeting and project
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selection. FTA anticipates publishing in
the Federal Register an Advance Notice
of Proposed Rulemaking [RIN 2132–
AB20] that will begin an in-depth
discussion of safety and asset
management issues and the interrelation
of these three programs.
This Notice provides a summary of a
proposed guidance document, FTA
Circular 5300.1, that provides program
guidance and application instructions to
assist grant recipients in implementing
the SGR Grants program. FTA seeks
public comment on the proposed
Circular 5300.1. Any proposed policies
on which FTA is seeking comment that
impact service data used from National
Transit Database to calculate the SGR
formula apportionment will go into
effect once a final circular is published.
This Notice does not include the
proposed Circular 5300.1. The proposed
circular is approximately 150 pages in
length, and is available in its entirety on
FTA’s Web site, https://www.fta.dot.gov.
Paper copies may be obtained by
contacting FTA’s Administrative
Services Help Desk at (202) 366–4865.
The following is a chapter-by-chapter
summary of the content of the proposed
Circular 5300.1.
II. Chapter-By-Chapter Summary
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A. Chapter I: Introduction and
Background
Chapter I of the proposed circular is
an introductory chapter that contains
general information about FTA, a
distinction between the new SGR grants
program and previous programs that
existed under section 5337, and a set of
definitions applicable throughout the
proposed circular. The circular includes
several definitions that are new or that
clarify statutory definitions including:
‘‘bus rapid transit system,’’ ‘‘commuter
rail,’’ and ‘‘high intensity motorbus.’’
FTA specifically seeks comment on
these proposed definitions. The
proposed definitions would impact
project eligibility under the SGR Grants
program and how system data are
reported to the National Transit
Database, which is used to calculate
SGR Grants program apportionments.
The proposed definition of commuter
rail includes a provision to preserve the
designation of any service designated as
commuter rail as of 2012. FTA
specifically seeks comment on these
proposed definitions.
B. Chapter II: Program Overview
Chapter II provides general
information about the SGR grants
program.
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1. Statutory Authority
This section states the statutory
authorization of the SGR grants
program, MAP–21 section 20027,
codified at 49 U.S.C. 5337.
2. Program Goals
This section describes the program
goals for the SGR Grants program: the
maintenance, repair or replacement of
capital assets to bring fixed-guideway
and high-intensity motorbus systems
into a state of good repair. The SGR
Grants program is part of MAP–21’s
emphasis on improved safety, asset
management, and restoring aging transit
infrastructure.
3. FTA Role in Program Administration
This section describes the respective
roles of FTA’s headquarters and regional
offices in program administration. The
headquarters office is generally
responsible for policy guidance and
national program reviews, while the
regional offices are generally
responsible for day-to-day program
administration, obligating funds,
providing technical assistance, and
reviewing recipients’ compliance with
Federal requirements.
4. Designated Recipient Role in Program
Administration
This section explains that SGR Grants
are apportioned to designated
recipients. The term designated
recipient is defined at 49 U.S.C. 5302(4),
and designated recipients for purposes
of the SGR Grants program are the same
as for the Section 5307 urbanized area
formula grants program.
5. Direct Recipient and Sub-Recipient
Eligibility
This section describes how to
establish a direct recipient and the
process for allocating funds to direct
recipients and for sub-awarding funds to
subrecipients. A direct recipient is a
public entity that may apply for some or
all of an urbanized area’s funding if
certain requirements are met.
6. FTA Oversight
This section describes the oversight
conducted by FTA to ensure a
recipient’s compliance with grant
program conditions. FTA performs
comprehensive triennial reviews and
may perform reviews focused
specifically on a recipient’s technical
capability, procurement practices, civil
rights compliance, safety and security,
or other subject areas. Also, FTA may
apply the Project Management Oversight
Requirements to SGR grants for the
rehabilitation of fixed guideway systems
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having total project costs in excess of
$100 million.
7. Relationship to Other Programs
This section discusses other FTA
grant programs that have been repealed
but for which funds may still be
available, and programs created or
amended by MAP–21. Funds previously
authorized for programs that were
repealed by MAP–21 remain available
for their authorized purposes until the
statutory period of availability expires
or until the funds are fully expended,
rescinded by Congress, or reallocated.
C. Chapter III: General Program
Information
This chapter discusses in more detail
the apportionments for the SGR Grants
program.
1. Apportionment of Program Funds
This section states that FTA will
apportion SGR Grants program funds to
designated recipients in urbanized areas
with high intensity fixed guideway and
high intensity motorbus systems.
2. Formula Apportionment
This section describes the statutory
formula used to apportion funds under
the SGR Grants program. Of the funds
appropriated to the SGR Grants program
by Congress, 97.15 percent is
apportioned among urbanized areas
with fixed-guideway systems that have
been in operation for at least 7 years,
and 2.85 percent is apportioned among
urbanized areas with high-intensity
motorbus systems that have been in
operation for at least 7 years.
An urbanized area’s fixed-guideway
apportionment is determined by two
calculations. Half of the apportionment
is based on what the urbanized area
would have received under the preMAP–21 fixed guideway modernization
program, but using calculations
contained in the current version of 49
U.S.C. 5336(b)(1). The other half of the
apportionment is calculated based on
fixed guideway service attributable to
the urbanized area, weighted 60–40
between vehicle revenue miles and
directional route miles; only segments
of fixed guideway systems that have
been in operation for at least seven years
prior to the start of a fiscal year are
included in the calculation for any
given fiscal year.
An urbanized area’s high-intensity
motorbus apportionment is calculated
based on vehicle revenue miles and
directional route miles. FTA proposes
that all high occupancy toll lane miles
be excluded from the calculation,
including those systems that were
previously grandfathered after
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conversion from high occupancy vehicle
lanes. As with the fixed guideway
calculation, the motorbus calculation is
weighted 60–40 for vehicle revenue
miles and directional route miles; only
segments of motorbus systems in
operation for seven years prior to the
start of a fiscal year are included in the
calculation for any given fiscal year.
3. Availability of Funds
SGR Grants program funds are
available for obligation during the fiscal
year of appropriation plus three
additional years.
4. Eligible Recipients
State and local government
authorities in urbanized areas with
qualifying fixed guideway or motorbus
systems are eligible recipients.
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5. Eligible Projects
This section describes projects
eligible for SGR Grants program funds.
The SGR Grants program is available for
the maintenance, rehabilitation or
replacement of existing capital assets.
SGR grants are not available for projects
that expand system capacity or service
or modernize assets. However, FTA will
permit expansion of capacity within
replacement projects to meet current or
projected short-term service needs (e.g.,
replacing a maintenance facility with a
larger facility, or replacing a bus with a
larger bus). Replacement and
rehabilitation includes (1) replacement
of older features with new ones; (2)
incorporation of current design
standards; and (3) additional features
required by Federal requirements. For
any Expansion elements included in a
replacement project, the grantee will
need to address how the project meets
current or short term service levels. FTA
will review the reasonableness of such
expansion elements when reviewing the
grant. In addition to replacement and
rehabilitation, new maintenance
facilities or maintenance equipment are
eligible if needed to maintain the
existing fixed guideway system or
equipment.
Funds apportioned under high
intensity fixed guideway shall be
available exclusively for fixed guideway
projects. High intensity motorbus funds
can be used interchangeably on any
eligible high intensity motorbus or high
intensity fixed guideway project. High
intensity motorbus funds must be used
for capital expenses of public
transportation systems that provide
regular, continuing shared-ride surface
transportation service to the general
public.
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6. Federal Share of Project Costs
This section describes the
requirement for local funding of projects
assisted with the SGR Grants program.
The Federal share of a project generally
shall not exceed 80 percent of the net
project cost. This section also discusses
exceptions to the 80 percent limitation.
7. Capital Cost of Contracting
This section describes the eligibility
of recipients who contract with a third
party for the provision of transit services
and therefore do not have direct capital
costs. In such situations, FTA can apply
a concept called the ‘‘capital cost of
contracting’’.
8. Local Share of Project Costs
This section describes qualifying
sources of the local share of a project.
9. Additional Sources of Local Share
This section describes qualifying
sources of the local share of a project
that have special requirements
associated with their use.
10. Alternative Financing
This section describes alternative or
innovative sources of project financing
and the U.S. Department of
Transportation’s Transportation
Infrastructure Finance and Innovation
Act (TIFIA) loans. Recipients are
encouraged to investigate and pursue
innovative financing methods for transit
projects.
11. Deferred Local Share
This section describes a possible
arrangement whereby a project sponsor
may defer contributing the local share of
project costs until the Federal share has
been fully drawn down.
D. Chapter IV: Planning and Program
Development
Chapter IV describes planning
requirements that apply to most
recipients of FTA funding and are
common to most of FTA’s programs.
The chapter contains a new section,
Transit Asset Management (TAM), that
describes the new national asset
management system and the
requirements for planning, targetsetting, and reporting placed on
recipients of FTA funding that will be
effective upon completion of
rulemaking. Asset management and the
management of safety risks should
inform recipients’ selection of SGR
Grants program projects.
Other sections in chapter IV are: (2)
Metropolitan and Statewide Planning
Requirements; (3) Metropolitan
Planning Areas; (4) Transportation
Management Areas; (5) Performance-
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11867
Based Planning; (6) Role of Designated
Recipient and Metropolitan Planning
Organization in Allocating Program
Funds; (7) Subarea Allocation; (8)
Availability of FHWA ‘‘Flexible Funds’’
for Transit Projects; (9) Requirements
Related to Vehicles and Equipment; (10)
Requirements Related to Facilities; (11)
Environmental Considerations; (12)
Major Capital Projects; (13) Authority to
Undertake Projects in Advance; and (14)
Public Transportation Safety
Requirements.
E. Chapter V: Program Management and
Administrative Requirements
Chapter V describes management and
administrative requirements that apply
to FTA grants and are common to FTA’s
various programs. Sections included in
chapter V are: (1) FTA Electronic Award
Management System; (2) System for
Award Management Requirements; (3)
Data Universal Numbering System
(DUNS) Registration; (4) DUNS
Requirement for Subrecipients; (5)
Electronic Clearing House Operation
(ECHO) Requirements; (6) Federal
Funding Accountability and
Transparency Act (FFATA)
Requirements; and (7) National Transit
Database (NTD) Reporting.
F. Chapter VI: Other Provisions
Chapter VI describes some of the
requirements and conditions that apply
to FTA grants and are common to FTA’s
programs. Sections included in chapter
VI are: (1) Introduction; (2) Charter Bus
Services; (3) Civil Rights; (4) Clean Air
Act (CAA); (5) Commercial Driver’s
License (CDL); (6) Debarment and
Suspension; (7) Drug and Alcohol
Testing; (8) Drug-Free Workplace; (9)
Employee Political Activity; (10) Energy
Conservation; (11) Environmental
Reviews; (12) Intergovernmental
Review; (13) Labor Protections; (14)
Presidential Coin Act; (15) Private
Sector Participation; (16) Use of
Competitive Procurements; (17) Real
Property Acquisition and Relocation
Assistance; (18) Restrictions on
Lobbying; (19) Safety and Security; (20)
School Bus Transportation; (21) Seismic
Design and Construction Standards; (22)
Sensitive Security Information; and (22)
State Safety Oversight.
G. Appendices
The proposed Circular 5300.1
contains three appendices. Appendix A
contains instructions for recipients
preparing a grant application. Appendix
B contains instructions for how to
prepare a project budget. Appendix C
contains example documents to assist
recipients in applying for and managing
an SGR grant. Appendix D contains FTA
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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
regional and metropolitan contact
information. Appendix E contains a list
of references for the circular.
Therese W. McMillan,
Deputy Administrator.
[FR Doc. 2014–04512 Filed 2–28–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2014 0028]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel BEL
CANTO; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
SUMMARY: As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
April 2, 2014.
ADDRESSES: Comments should refer to
docket number MARAD–2014–0028.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email Linda.Williams@
dot.gov.
SUPPLEMENTARY INFORMATION:
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As described by the applicant the
intended service of the vessel BEL
CANTO is:
Intended Commercial Use of Vessel:
‘‘Taking small groups of people on
overnight and day charter for tourism,
sightseeing, educational and research
expeditions’’
Geographic Region: ‘‘Washington
State, Oregon, California’’
The complete application is given in
DOT docket MARAD–2014–0028 at
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
By Order of the Maritime Administrator
Dated: February 25, 2014.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2014–04595 Filed 2–28–14; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2014 0029]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
ROCINANTE; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
SUMMARY: As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
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Fmt 4703
Sfmt 4703
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
April 2, 2014.
ADDRESSES: Comments should refer to
docket number MARAD–2014–0029.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email Linda.Williams@
dot.gov.
As
described by the applicant the intended
service of the vessel ROCINANTE is:
Intended Commercial Use of Vessel:
‘‘Private vessel charters. Personalized
instruction in sailing and conservation.
Passengers only’’
Geographic Region: ‘‘Maine, New
Hampshire, Massachusetts, Rhode
Island, Connecticut, New York, New
Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina,
South Carolina, Georgia, Florida’’
The complete application is given in
DOT docket MARAD–2014–0029 at
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11865-11868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04512]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2014-0008]
State of Good Repair Grants Program: Proposed Circular
AGENCY: Federal Transit Administration (FTA).
ACTION: Notice of availability of proposed circular and request for
comments.
-----------------------------------------------------------------------
SUMMARY: FTA has placed in the docket and on its Web site proposed
guidance, in the form of a circular, to assist recipients of financial
aid under the 49 U.S.C. 5337 State of Good Repair (``SGR'') Grants
program. The proposed circular provides instructions and guidance on
program administration and the grant application process.
DATES: Comments must be received by April 2, 2014. Late filed comments
may be considered so far as practicable.
ADDRESSES: You may submit comments, identified by docket number FTA-
2014-0008, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 493-2251.
U.S. Mail: U.S. Department of Transportation Docket
Operations, 1200 New Jersey Avenue Southeast, Room W12-140, Washington,
DC 20590-0001.
Hand Delivery/Courier: U.S. Department of Transportation
Docket Operations, 1200 New Jersey Avenue Southeast, Room W12-140,
Washington, DC 20590-0001, between the hours of 9:00 a.m. and 5:00
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Statement published in the Federal Register on April 11, 2000, at 65 FR
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FOR FURTHER INFORMATION CONTACT: Eric Hu, FTA Office of Program
Management, (202) 366-0870, Eric.Hu@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Summary
A. Chapter I: Introduction and Background
B. Chapter II: Program Overview
C. Chapter III: General Program Information
D. Chapter IV: Planning and Program Development
E. Chapter V: Program Management and Administrative Requirements
F. Chapter VI: Other Provisions
G. Appendices
I. Overview
The Moving Ahead for Progress in the 21st Century Act (``MAP-21''),
Public Law 112-141, 126 Stat. 405 (2012), made significant changes to
the Federal transit laws that are applicable across all of FTA's
financial assistance programs. These changes further several important
goals of the U.S. Department of Transportation. Most notably, MAP-21
grants FTA new authority to oversee and regulate the safety of public
transportation systems in the United States and authorizes a new Public
Transportation Safety Program at 49 U.S.C. 5329. MAP-21 also
establishes a new National Transit Asset Management system at 49 U.S.C.
5326 including a new requirement for transit asset management plans,
performance measures and annual target setting based on a definition of
``state of good repair'', and additional technical assistance from FTA.
MAP-21 also establishes the new State of Good Repair (SGR) Grants
program at 49 U.S.C. 5337. In contrast to the repealed fixed guideway
modernization program, the purpose of the SGR Grants program is the
maintenance, replacement, and rehabilitation of capital assets, along
with the development and implementation of transit asset management
plans.
These three new sections--section 5326 transit asset management,
section 5329 public transportation safety program, and section 5337 SGR
Grants program--enhance the process by which a transit provider
evaluates the SGR needs of capital assets and finances necessary
replacement or rehabilitation, as informed by conditions of capital
assets and safety risk priorities. A transit provider's safety and
asset assessment informs its asset management process, which informs
budgeting and project
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selection. FTA anticipates publishing in the Federal Register an
Advance Notice of Proposed Rulemaking [RIN 2132-AB20] that will begin
an in-depth discussion of safety and asset management issues and the
interrelation of these three programs.
This Notice provides a summary of a proposed guidance document, FTA
Circular 5300.1, that provides program guidance and application
instructions to assist grant recipients in implementing the SGR Grants
program. FTA seeks public comment on the proposed Circular 5300.1. Any
proposed policies on which FTA is seeking comment that impact service
data used from National Transit Database to calculate the SGR formula
apportionment will go into effect once a final circular is published.
This Notice does not include the proposed Circular 5300.1. The
proposed circular is approximately 150 pages in length, and is
available in its entirety on FTA's Web site, https://www.fta.dot.gov.
Paper copies may be obtained by contacting FTA's Administrative
Services Help Desk at (202) 366-4865.
The following is a chapter-by-chapter summary of the content of the
proposed Circular 5300.1.
II. Chapter-By-Chapter Summary
A. Chapter I: Introduction and Background
Chapter I of the proposed circular is an introductory chapter that
contains general information about FTA, a distinction between the new
SGR grants program and previous programs that existed under section
5337, and a set of definitions applicable throughout the proposed
circular. The circular includes several definitions that are new or
that clarify statutory definitions including: ``bus rapid transit
system,'' ``commuter rail,'' and ``high intensity motorbus.'' FTA
specifically seeks comment on these proposed definitions. The proposed
definitions would impact project eligibility under the SGR Grants
program and how system data are reported to the National Transit
Database, which is used to calculate SGR Grants program apportionments.
The proposed definition of commuter rail includes a provision to
preserve the designation of any service designated as commuter rail as
of 2012. FTA specifically seeks comment on these proposed definitions.
B. Chapter II: Program Overview
Chapter II provides general information about the SGR grants
program.
1. Statutory Authority
This section states the statutory authorization of the SGR grants
program, MAP-21 section 20027, codified at 49 U.S.C. 5337.
2. Program Goals
This section describes the program goals for the SGR Grants
program: the maintenance, repair or replacement of capital assets to
bring fixed-guideway and high-intensity motorbus systems into a state
of good repair. The SGR Grants program is part of MAP-21's emphasis on
improved safety, asset management, and restoring aging transit
infrastructure.
3. FTA Role in Program Administration
This section describes the respective roles of FTA's headquarters
and regional offices in program administration. The headquarters office
is generally responsible for policy guidance and national program
reviews, while the regional offices are generally responsible for day-
to-day program administration, obligating funds, providing technical
assistance, and reviewing recipients' compliance with Federal
requirements.
4. Designated Recipient Role in Program Administration
This section explains that SGR Grants are apportioned to designated
recipients. The term designated recipient is defined at 49 U.S.C.
5302(4), and designated recipients for purposes of the SGR Grants
program are the same as for the Section 5307 urbanized area formula
grants program.
5. Direct Recipient and Sub-Recipient Eligibility
This section describes how to establish a direct recipient and the
process for allocating funds to direct recipients and for sub-awarding
funds to subrecipients. A direct recipient is a public entity that may
apply for some or all of an urbanized area's funding if certain
requirements are met.
6. FTA Oversight
This section describes the oversight conducted by FTA to ensure a
recipient's compliance with grant program conditions. FTA performs
comprehensive triennial reviews and may perform reviews focused
specifically on a recipient's technical capability, procurement
practices, civil rights compliance, safety and security, or other
subject areas. Also, FTA may apply the Project Management Oversight
Requirements to SGR grants for the rehabilitation of fixed guideway
systems having total project costs in excess of $100 million.
7. Relationship to Other Programs
This section discusses other FTA grant programs that have been
repealed but for which funds may still be available, and programs
created or amended by MAP-21. Funds previously authorized for programs
that were repealed by MAP-21 remain available for their authorized
purposes until the statutory period of availability expires or until
the funds are fully expended, rescinded by Congress, or reallocated.
C. Chapter III: General Program Information
This chapter discusses in more detail the apportionments for the
SGR Grants program.
1. Apportionment of Program Funds
This section states that FTA will apportion SGR Grants program
funds to designated recipients in urbanized areas with high intensity
fixed guideway and high intensity motorbus systems.
2. Formula Apportionment
This section describes the statutory formula used to apportion
funds under the SGR Grants program. Of the funds appropriated to the
SGR Grants program by Congress, 97.15 percent is apportioned among
urbanized areas with fixed-guideway systems that have been in operation
for at least 7 years, and 2.85 percent is apportioned among urbanized
areas with high-intensity motorbus systems that have been in operation
for at least 7 years.
An urbanized area's fixed-guideway apportionment is determined by
two calculations. Half of the apportionment is based on what the
urbanized area would have received under the pre-MAP-21 fixed guideway
modernization program, but using calculations contained in the current
version of 49 U.S.C. 5336(b)(1). The other half of the apportionment is
calculated based on fixed guideway service attributable to the
urbanized area, weighted 60-40 between vehicle revenue miles and
directional route miles; only segments of fixed guideway systems that
have been in operation for at least seven years prior to the start of a
fiscal year are included in the calculation for any given fiscal year.
An urbanized area's high-intensity motorbus apportionment is
calculated based on vehicle revenue miles and directional route miles.
FTA proposes that all high occupancy toll lane miles be excluded from
the calculation, including those systems that were previously
grandfathered after
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conversion from high occupancy vehicle lanes. As with the fixed
guideway calculation, the motorbus calculation is weighted 60-40 for
vehicle revenue miles and directional route miles; only segments of
motorbus systems in operation for seven years prior to the start of a
fiscal year are included in the calculation for any given fiscal year.
3. Availability of Funds
SGR Grants program funds are available for obligation during the
fiscal year of appropriation plus three additional years.
4. Eligible Recipients
State and local government authorities in urbanized areas with
qualifying fixed guideway or motorbus systems are eligible recipients.
5. Eligible Projects
This section describes projects eligible for SGR Grants program
funds. The SGR Grants program is available for the maintenance,
rehabilitation or replacement of existing capital assets. SGR grants
are not available for projects that expand system capacity or service
or modernize assets. However, FTA will permit expansion of capacity
within replacement projects to meet current or projected short-term
service needs (e.g., replacing a maintenance facility with a larger
facility, or replacing a bus with a larger bus). Replacement and
rehabilitation includes (1) replacement of older features with new
ones; (2) incorporation of current design standards; and (3) additional
features required by Federal requirements. For any Expansion elements
included in a replacement project, the grantee will need to address how
the project meets current or short term service levels. FTA will review
the reasonableness of such expansion elements when reviewing the grant.
In addition to replacement and rehabilitation, new maintenance
facilities or maintenance equipment are eligible if needed to maintain
the existing fixed guideway system or equipment.
Funds apportioned under high intensity fixed guideway shall be
available exclusively for fixed guideway projects. High intensity
motorbus funds can be used interchangeably on any eligible high
intensity motorbus or high intensity fixed guideway project. High
intensity motorbus funds must be used for capital expenses of public
transportation systems that provide regular, continuing shared-ride
surface transportation service to the general public.
6. Federal Share of Project Costs
This section describes the requirement for local funding of
projects assisted with the SGR Grants program. The Federal share of a
project generally shall not exceed 80 percent of the net project cost.
This section also discusses exceptions to the 80 percent limitation.
7. Capital Cost of Contracting
This section describes the eligibility of recipients who contract
with a third party for the provision of transit services and therefore
do not have direct capital costs. In such situations, FTA can apply a
concept called the ``capital cost of contracting''.
8. Local Share of Project Costs
This section describes qualifying sources of the local share of a
project.
9. Additional Sources of Local Share
This section describes qualifying sources of the local share of a
project that have special requirements associated with their use.
10. Alternative Financing
This section describes alternative or innovative sources of project
financing and the U.S. Department of Transportation's Transportation
Infrastructure Finance and Innovation Act (TIFIA) loans. Recipients are
encouraged to investigate and pursue innovative financing methods for
transit projects.
11. Deferred Local Share
This section describes a possible arrangement whereby a project
sponsor may defer contributing the local share of project costs until
the Federal share has been fully drawn down.
D. Chapter IV: Planning and Program Development
Chapter IV describes planning requirements that apply to most
recipients of FTA funding and are common to most of FTA's programs. The
chapter contains a new section, Transit Asset Management (TAM), that
describes the new national asset management system and the requirements
for planning, target-setting, and reporting placed on recipients of FTA
funding that will be effective upon completion of rulemaking. Asset
management and the management of safety risks should inform recipients'
selection of SGR Grants program projects.
Other sections in chapter IV are: (2) Metropolitan and Statewide
Planning Requirements; (3) Metropolitan Planning Areas; (4)
Transportation Management Areas; (5) Performance-Based Planning; (6)
Role of Designated Recipient and Metropolitan Planning Organization in
Allocating Program Funds; (7) Subarea Allocation; (8) Availability of
FHWA ``Flexible Funds'' for Transit Projects; (9) Requirements Related
to Vehicles and Equipment; (10) Requirements Related to Facilities;
(11) Environmental Considerations; (12) Major Capital Projects; (13)
Authority to Undertake Projects in Advance; and (14) Public
Transportation Safety Requirements.
E. Chapter V: Program Management and Administrative Requirements
Chapter V describes management and administrative requirements that
apply to FTA grants and are common to FTA's various programs. Sections
included in chapter V are: (1) FTA Electronic Award Management System;
(2) System for Award Management Requirements; (3) Data Universal
Numbering System (DUNS) Registration; (4) DUNS Requirement for
Subrecipients; (5) Electronic Clearing House Operation (ECHO)
Requirements; (6) Federal Funding Accountability and Transparency Act
(FFATA) Requirements; and (7) National Transit Database (NTD)
Reporting.
F. Chapter VI: Other Provisions
Chapter VI describes some of the requirements and conditions that
apply to FTA grants and are common to FTA's programs. Sections included
in chapter VI are: (1) Introduction; (2) Charter Bus Services; (3)
Civil Rights; (4) Clean Air Act (CAA); (5) Commercial Driver's License
(CDL); (6) Debarment and Suspension; (7) Drug and Alcohol Testing; (8)
Drug-Free Workplace; (9) Employee Political Activity; (10) Energy
Conservation; (11) Environmental Reviews; (12) Intergovernmental
Review; (13) Labor Protections; (14) Presidential Coin Act; (15)
Private Sector Participation; (16) Use of Competitive Procurements;
(17) Real Property Acquisition and Relocation Assistance; (18)
Restrictions on Lobbying; (19) Safety and Security; (20) School Bus
Transportation; (21) Seismic Design and Construction Standards; (22)
Sensitive Security Information; and (22) State Safety Oversight.
G. Appendices
The proposed Circular 5300.1 contains three appendices. Appendix A
contains instructions for recipients preparing a grant application.
Appendix B contains instructions for how to prepare a project budget.
Appendix C contains example documents to assist recipients in applying
for and managing an SGR grant. Appendix D contains FTA
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regional and metropolitan contact information. Appendix E contains a
list of references for the circular.
Therese W. McMillan,
Deputy Administrator.
[FR Doc. 2014-04512 Filed 2-28-14; 8:45 am]
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