Enhanced Mobility of Seniors and Individuals With Disabilities: Final Circular, 32807-32811 [2014-13178]
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
(CRM) which will be located on the Class E
compartment of the Boeing Model 767–300F/
–300BCF/–300BDSF freighter airplanes.
[FR Doc. 2014–13167 Filed 6–5–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2014–34]
[Petition for Exemption; Summary of
Petition Received]
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petition for exemption
received.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of 14 CFR.
The purpose of this notice is to improve
the public’s awareness of, and
participation in, this aspect of FAA’s
regulatory activities. Neither publication
of this notice nor the inclusion or
omission of information in the summary
is intended to affect the legal status of
the petition or its final disposition.
DATES: Comments on this petition must
identify the petition docket number and
must be received on or before June 26,
2014.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2014–0297 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
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SUMMARY:
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review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark James, Policy and Regulation
(ACE–111), Small Airplane Directorate,
Aircraft Certification Service, FAA;
telephone number (816) 329–4137, fax
number (816) 329–4090, email at
mark.james@faa.gov; or Sandra K. Long,
ARM–201, Office of Rulemaking,
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591, email
Sandra.long@faa.gov, phone (202) 267–
4714.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on June 3, 2014.
Lirio Liu,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2014–0297.
Petitioner: Cub Crafters, Incorporated.
Section of 14 CFR Affected
14 CFR 23.629
Description of Relief Sought
The petitioner is seeking relief from the
revised requirement of 14 CFR 23.629
amendments 23–48 and 23–62 to flight flutter
test the Gavilan EL–1 airplane.
[FR Doc. 2014–13168 Filed 6–5–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2013–0026]
Enhanced Mobility of Seniors and
Individuals With Disabilities: Final
Circular
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability of final
circular.
AGENCY:
The Federal Transit
Administration (FTA) has placed in the
docket and on its Web site, 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
SUMMARY:
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32807
for Progress in the 21st Century Act
blended the New Freedom Program and
the Elderly Individuals and Individuals
with Disabilities Program into a new
Enhanced Mobility for Seniors and
Individuals with Disabilities Program.
FTA is updating the circular due to
these changes in the law.
DATES: The final circular becomes
effective July 7, 2014.
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).
On July 11, 2013, FTA issued a notice
of availability of the proposed circular
in the Federal Register (78 FR 41824)
and requested public comment on the
proposed circular. The comment period
closed on September 9, 2013. FTA
received comments from 53 entities,
including trade associations, State
DOTs, metropolitan planning
organizations, public transportation
providers, human service agencies, and
individuals. This notice addresses the
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comments received and explains
changes FTA made to the proposed
circular in response to comments.
The new Section 5310 program, as
amended by MAP–21, authorizes grants
for the activities previously authorized
under two separate grant programs:
Section 5310, formula grants for the
special needs of elderly individuals and
individuals with disabilities; and
Section 5317, New Freedom program.
The new Section 5310 program
authorizes four types of projects: Public
transportation 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; public transportation
projects that improve access to fixed
route service and decrease reliance by
people with disabilities on
complementary paratransit; and
alternatives to public transportation that
assist seniors and 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.
Newly eligible under Section 5310 are
projects that improve access to fixed
route service. The objective of this
eligible 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 Section 5310 and
5317 (New Freedom) programs. For
example, projects funded under the new
Section 5310 must 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, as long as 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
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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 only
apportioned to States; 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 formula. The law
specifies that 60 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 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.
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,
rulemakings, and other circulars to
ensure consistency.
FTA received three comments on this
chapter, all related to definitions. One
commenter suggested that FTA clarify
the definition of ‘‘public
transportation,’’ since some providers
are not public transportation agencies,
but are non-profit human service
agencies that also provide transportation
services. In MAP–21, Congress amended
the definition of public transportation to
include service that is open to a segment
of the general public defined by age,
disability or low-income. This
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definition includes service provided by
non-profit agencies. One commenter
suggested we add a definition of ‘‘direct
recipient’’ and we have done so. We
have also added the statutory definition
of ‘‘designated recipient.’’ The
commenter also suggested we add
definitions for ‘‘selection of projects’’
and ‘‘competitive selection process.’’
We believe these do not require
definitions and are adequately described
in the circular. Finally, one commenter
noted that the Older Americans Act
defines ‘‘elderly’’ as 60 years of age or
older. Federal transit law at 49 U.S.C.
5302(18) defines ‘‘senior’’ as an
individual who is 65 years of age or
older. We would note that public
transportation providers may define
‘‘senior’’ to include individuals under
age 65, as a lower age would be
inclusive of those over age 65. For
purposes of the formula, funds are
distributed based on the number of
people over age 65 in a particular area.
B. Chapter II—Program Overview
Section 5310(h) requires FTA to
submit a report to Congress making
recommendations on the establishment
of performance measures for grants
under Section 5310. The law requires
the report to be developed in
consultation with national non-profit
organizations that provide technical
assistance and advocacy on issues
related to transportation services for
seniors and individuals with
disabilities. In addition, 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). In the notice
announcing the availability of the
proposed circular, FTA asked for
comment on performance measures and
reporting requirements, proposed in
section 3 of chapter II.
FTA received a number of comments
on its proposal. Commenters were
generally concerned about the amount
of data that would be collected from
traditional Section 5310 subrecipients,
as well as how that data would be
collected. Some commenters suggested
various performance measures, and two
commenters suggested that there be two
sets of performance measures: One for
traditional Section 5310 projects and
one for other Section 5310 projects.
In light of the requirement that FTA
develop a report on performance
measures in consultation with national
non-profit organizations that provide
technical assistance and advocacy on
issues related to transportation services
for seniors and individuals with
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disabilities, and that we did not receive
comments from such organizations, FTA
conducted additional outreach on this
topic. Easter Seals Project Action
coordinated an online dialogue from
March 31 through April 18, 2014 (http:
//fta5310grant.ideascale.com/) to get
additional comments on the measures
required by 49 U.S.C. 5310(g):
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; ridership; and accessibility
improvements. FTA is in the process of
reviewing the additional comments and
expects to make recommendations
regarding performance measures in
response to this outreach effort.
In this final circular, FTA has retained
the existing performance measures for
traditional Section 5310 projects, as
well as the existing measures for what
used to be New Freedom projects. This
will allow for consistency and a
continuation of previous reporting
requirements as FTA considers new
performance measures.
The asset inventory reporting required
by 49 U.S.C. 5335(c) will not take effect
until FTA amends the National Transit
Database (NTD) reporting manual, via a
notice in the Federal Register. FTA
invites interested stakeholders to submit
comments when the notice is published.
C. Chapter III—General Program
Information
FTA received a number of comments
on this chapter, but many of the
comments relate to provisions in the
law that FTA cannot change. For
example, several commenters objected
to available funds being apportioned 60
percent to large urbanized areas, 20
percent to small urbanized areas and 20
percent to rural areas, and asked for
more flexibility in apportioning funds.
This formula is established by Congress
in 49 U.S.C. 5310(c), and FTA has no
discretion to change it. However, the
law does allow funds apportioned for
small urbanized and rural areas to be
transferred to another area of the State
if the Governor of the State certifies that
all of the objectives of the Section 5310
program are being met in the specified
areas. For example, if all objectives of
the Section 5310 program are being met
in rural areas, funds designated for rural
areas may be transferred to urbanized
areas of less than 200,000 in population.
Funds apportioned to small urbanized
and rural areas may also be transferred
for use anywhere in the State, including
large urbanized areas, if the State has
established a statewide program for
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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 UZAs may
not be transferred to other areas.
One commenter asked how the
disability calculation will be made for
apportionment purposes. Consistent
with 49 U.S.C. 5310(c), FTA uses
Census Bureau data, specifically the
American Community Survey’s 5-year
data sets, which are updated annually,
to determine the number of seniors and
people with disabilities in a particular
area.
Another subject on which
commenters had questions—and on
which FTA has no discretion—was
when an entity would be able to apply
to FTA directly for Section 5310 funds
as opposed to being a subrecipient of a
designated recipient. In large urbanized
areas, the Section 5310 designated
recipient may allocate funds to a
Section 5307 designated recipient as a
result of its coordinated planning and
selection processes, and that Section
5307 designated recipient may apply to
FTA directly for Section 5310 funds.
This is consistent with the previous
New Freedom program, and there would
be no other eligible direct recipients in
large urbanized areas beyond these
program designated recipients. There
was a change in the law related to small
urbanized and rural areas. The previous
New Freedom program (at 49 U.S.C.
5317(c)(3)) permitted States to transfer
New Freedom funds to Section 5307 for
administration of competitively selected
New Freedom projects within a Section
5307 grant to an eligible recipient under
that program. This provision is not in
the new Section 5310 program.
Therefore, the State is the only eligible
direct recipient for Section 5310 funds
in rural areas and small urbanized areas,
and because the language in the
proposed circular was consistent with
the law, FTA is not making any changes
to section 4 of chapter III, Eligible Direct
Recipients.
Several commenters had questions
about the requirement that 55 percent of
an area’s apportionment be available for
‘‘traditional Section 5310 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,
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unavailable or inappropriate. These
projects are carried out by private nonprofit organizations, including human
service agencies; 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
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.
Consistent with the Section 5310
program under previous authorizations,
for traditional Section 5310 projects, the
State or designated recipient applies for
Section 5310 funds on behalf of private
non-profit agencies (such as human
service 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 Section 5310 funds available
(at most, 45 percent) to a rural or
urbanized area, the designated recipient
applies to FTA on behalf of itself and
eligible subrecipients.
Commenters asked FTA to clarify
when the 55 percent of funds available
for traditional Section 5310 projects
would be available for ADA
complementary paratransit. As we
stated in the Federal Register notice
accompanying the proposed circular,
based on historical uses of Section 5310
funds, FTA proposed including the
eligibility of rolling stock for and
acquisition of ADA complementary
paratransit service as traditional Section
5310 projects when carried out by
eligible subrecipients, 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.
Some States have historically used
Section 5310 funds for vehicle and
service acquisition for ADA
complementary paratransit service, in
particular where the State has required
coordination efforts among human
service transportation providers.
Therefore, vehicle and service
acquisition will continue to be eligible
activities under the Section 5310
program as traditional Section 5310
projects when the requirements listed
above are met. Operating expenses for
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ADA paratransit service are not eligible
expenses under any part of the Section
5310 program, except as acquisition of
service, permitted under 49 U.S.C.
5310(b)(4). We have amended the
circular for clarity.
If a recipient, through the coordinated
planning process, elects to expand ADA
service beyond the required service
components (geographic area, additional
hours, etc.) and requires additional
vehicles to do so, those additional
vehicles would be eligible under the 45
percent ‘‘other eligible projects’’ as a
project that exceeds ADA minimum
requirements. Similarly, accessibility
improvements to rail stations are
eligible as long as they exceed ADA
minimum requirements. For example,
installing an elevator in an older station
where elevators are not required, or
installing a second elevator at a station
in order to provide more reliable access
would be eligible under ‘‘other eligible
projects.’’
Some commenters asked whether
States could blend their rural and small
urbanized area apportionments for
purposes of allocating funds between
traditional Section 5310 projects and
other eligible projects. For example, if
the State had two small urbanized areas
in addition to the rural area, could it
allocate 55 percent of the total
apportionment for the three areas to the
rural area, thus allowing the small
urbanized areas to use their
apportionments for other eligible
projects? The law requires that the
amount available for 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 ‘‘shall be
not less than 55 percent of the funds
apportioned to the recipient’’ under
Section 5310. FTA apportions funds to
States for rural areas, and separately
apportions funds to States for small
urbanized areas. Therefore, the
allocation between traditional Section
5310 projects and other projects must be
a minimum 55/45 split in each area that
receives an apportionment.
One commenter requested that FTA
allow the pass through of administrative
funds from the designated recipient to
one or more subrecipients for
administration, planning, or technical
assistance purposes. We have amended
section 12 of chapter III to include
language allowing this pass through of
funds.
Three commenters asked that FTA
remove the word ‘‘capital’’ in section
16, Federal/Local Matching
Requirements when describing non-cash
or in-kind match. FTA agrees that non-
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cash and in-kind match may be
operating or capital costs, and we have
removed the word ‘‘capital.’’ In
response to comments, we have also
removed the word ‘‘new’’ when
describing eligible projects, and added
the word ‘‘seniors’’ to include
alternative transportation available for
both seniors and individuals with
disabilities.
Finally, one commenter suggested
that FTA should not specifically
identify taxi operators as being eligible
subrecipients in certain circumstances,
but should state for-profit operators are
eligible. Providers of public
transportation, whether for-profit or
non-profit, are eligible subrecipients.
However, public transportation is a
shared-ride service, and most taxi
companies provide exclusive ride
service. We included this information in
the circular in order to address a
frequently asked question of the former
New Freedom program. Entities that
provide exclusive ride service may be
eligible participants in the Section 5310
program, but only as contractors, not as
subrecipients.
FTA has made amendments to
Chapter III in response to comments
described above, as well as clarifying
edits.
D. Chapter IV—Program Development
FTA received only two comments on
this chapter, and both commenters
requested that FTA revise section 7,
Certifications and Assurances, to reflect
the fact that the designated recipient is
responsible for submitting the
certifications and assurances in large
urbanized areas. This was an oversight
in the proposed circular and we have
revised the language.
E. Chapter V—Coordinated Planning
This chapter describes the required
coordinated planning process. Several
commenters requested that FTA
maintain flexibility in how a project
appears in a coordinated plan. We have
added language in the circular to clarify
that projects may be identified in the
plan as strategies, activities, and/or
specific projects addressing service gaps
or transportation coordination
objectives articulated and prioritized
within the plan. For example, a
coordinated plan may identify a service
gap, such as the absence of accessible
transportation service after 10:00 p.m.,
when the transit system’s fixed route
service ends. Examples of strategies to
address this service gap may be nonspecific, such as adding late-night
service options; or may be more
specific, such as contracting for
accessible taxi service or extending
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ADA complementary paratransit hours
past the fixed route service end time.
Either approach allows designated
recipients to meet the identified service
gap. Alternatively, the plan may include
a specific project if the people
developing the coordinated plan prefer
to include a specific project to meet this
need. The level of specificity in the
coordinated plan is a local decision.
However, FTA expects the program of
projects that accompanies the grant to
clearly identify the gaps or strategies a
particular project is addressing; this
should be done by providing the page
number in the coordinated plan that
correlates to the gap or strategy for a
particular project.
Another area of comment involved
addition of the word ‘‘approved’’ in the
sentence, ‘‘a coordinated plan . . .
developed and approved through a
process that included participation by
seniors, individuals with disabilities
. . .’’ The addition of the word
‘‘approved’’ is a change in the law. FTA
inadvertently left out the words ‘‘and
approved’’ in several places in the
circular; we have amended the text to be
clear that the people developing the
coordinated plan—including seniors
and individuals with disabilities—must
also approve that plan. This ensures that
the people who are identifying the
needs and establishing the priorities in
the plan will also have a voice in
approving that plan. One commenter
asked how ‘‘approved’’ is different from
‘‘adopted.’’ In this instance, we believe
these terms are synonymous—an
adopted plan is by definition one that is
approved.
Some commenters asked about the
relationship between the coordinated
plan and the project selection process,
particularly when the project selection
process is competitive. Under previous
law, a competitive selection process was
required for Section 5317 (New
Freedom); under MAP–21 it is optional.
Regardless of how a specific contractor
or subrecipient is selected to carry out
the project, projects should be funded in
accordance with the priorities identified
in the coordinated plan.
One commenter asked if each
individual rural project must be
included in the Statewide
Transportation Improvement Program
(STIP). Depending on the projects
resulting from the coordinated planning
and selection process, a single line item
on the STIP for capital or operating
projects may be sufficient. However,
given the expanded project and
subrecipient eligibility under MAP–21,
a designated recipient and State may
need to consider more detailed
programming, such as categorizing the
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projects based on the types of projects
(capital or operating) and/or types of
subrecipients, e.g., non-profit, public
entity, etc.
Finally, one commenter asked if a
current four-year coordinated plan is in
place, could the plan be updated to
meet the new MAP–21 requirements?
FTA recognizes that some entities may
need to modify existing coordinated
plans to address the specific needs of
seniors and individuals with disabilities
and/or be approved by seniors and
individuals with disabilities.
Modifications to existing plans are
acceptable.
FTA has made clarifying edits to
Chapter V to address the above
comments.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
F. Chapter VI—Program Management
and Administrative Requirements
The vast majority of comments
received for Chapter VI related to the
proposed reporting requirements. FTA
had proposed meeting the requirements
of 49 U.S.C. 5335(c) by combining all of
the performance measure and asset
inventory reporting requirements into a
single requirement, and allow States
and designated recipients to report on
behalf of their subrecipients under a
single, unified reporting system. While
some commenters supported this
approach, most commenters expressed
concern that such reporting would be
burdensome on small Section 5310 nonprofit providers. As discussed in the
Chapter II summary, above, FTA is
retaining the existing performance
measures for the program (including the
measures for the former New Freedom
program) while we review comments
received as a result of additional
outreach with non-profit agencies. In
addition, the National Transit Database
(NTD) reporting requirement will only
be effective after FTA conducts a
rulemaking on this requirement.
The remaining comments were related
to vehicle use. One commenter asked
that FTA define the word ‘‘incidental’’
and provide examples of permissible
incidental use. Incidental use means
occasional or infrequent use of vehicles
that does not interfere with the project
activities originally funded. Examples
are provided in section 5, Vehicle Use,
and include meal delivery as well as use
for other Federal programs, as when the
recipient is coordinating service with
other entities that provide
transportation for seniors or individuals
with disabilities. Operating assistance
available under Section 5310 may not be
used for such incidental purposes.
VerDate Mar<15>2010
13:59 Jun 05, 2014
Jkt 232001
G. Chapter VII—State and Program
Management Plans
FTA proposed 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. FTA
received one comment on this chapter.
In section 1, General, the commenter
asked FTA to be more specific about the
State Management Plan and Program
Management Plan contents that should
be coordinated with the STIP and TIP.
We have amended the language for
clarity. We would note, however, that
there is flexibility in the coordination of
the STIP and the State Management
Plan, as well as the TIP and the Program
Management Plan. Each State and
urbanized area has different needs and
as such the management plan will be
different; therefore, FTA has elected not
to be too specific in what must be
included in the management plan.
H. Chapter VIII—Other Provisions
This chapter describes cross-cutting
FTA and Federal requirements that
apply to the Section 5310 program. Two
commenters suggested modifying the
Title VI program requirements for
Section 5310 subrecipients. FTA’s Title
VI program circular states that Section
5310 non-profits that serve only their
own clientele (closed door service) are
required to submit a Title VI Program
every three years, but it is a streamlined
Program that includes only basic
information. Interested stakeholders are
invited to visit https://www.fta.dot.gov/
legislation_law/12349_14792.html and
review page IV–1 of the Title VI
circular. One commenter suggested that
typical categorical exclusions be
included in the Environmental Review
section of this chapter. Operating
assistance and most vehicle acquisitions
will be categorically excluded, but many
other capital projects may not be. We
recommend recipients consult with
their FTA regional office if they have
specific questions related to
environmental reviews. One commenter
suggested that FTA include the human
service transportation exception to the
charter service prohibition in the
circular. We have added this text to the
section on Charter Bus Services.
I. Appendices
One commenter suggested that FTA
remove the union contact information
from the checklist in Appendix A, since
labor protections do not apply to the
Section 5310 program. We have made
that change. We have not made any
other substantive edits to the
appendices.
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
32811
Issued in Washington, DC, 2nd day of June
2014.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2014–13178 Filed 6–5–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD–2014–0068]
Adoption and Recirculation of the Final
Environmental Impact Statement for
the Masonville Dredged Material
Containment Facility (DMCF)
Maritime Administration,
Department of Transportation.
ACTION: Notice, Adoption of
Environmental Impact Statement (EIS).
AGENCY:
The Maritime Administration
(MARAD) is issuing this notice to advise
the public and interested agencies that
MARAD is adopting the United States
Army Corps of Engineers (COE) May
2007 Final Environmental Impact
Statement and subsequent Record Of
Decision (FEIS, ROD; August 2007) for
the Masonville Dredged Material
Containment Facility (DMCF) proposed
by the Maryland Port Administration
(MPA).
MARAD is adopting the 2007 EIS to
satisfy MARAD’s National
Environmental Policy Act (NEPA)
obligations related to MPA’s receipt of
a Transportation Investment Generating
Economic Recovery (TIGER) grant from
the US DOT. MARAD is administering
that grant.
Under applicable Council on
Environmental Quality (CEQ)
regulations, MARAD may adopt and
recirculate the COE’s Final EIS because
MARAD’s proposed action is
substantially the same as the action
covered by the COE’s FEIS.
DATES: Comments regarding the
adoption of the 2007 EIS must be
received on or before July 7, 2014.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2014–0068 by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search MARAD–
2014–0068 and follow the instructions
for submitting comments.
• E-Mail: Mr. Andrew Larimore at
Rulemakings.MARAD@dot.gov. Include
MARAD–2014–0068 in the subject line
of the message.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Room W12–140, Washington, DC 20590.
SUMMARY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32807-32811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13178]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2013-0026]
Enhanced Mobility of Seniors and Individuals With Disabilities:
Final Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of availability of final circular.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site, 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 blended the New Freedom Program and the Elderly
Individuals and Individuals with Disabilities Program into a new
Enhanced Mobility for Seniors and Individuals with Disabilities
Program. FTA is updating the circular due to these changes in the law.
DATES: The final circular becomes effective July 7, 2014.
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).
On July 11, 2013, FTA issued a notice of availability of the
proposed circular in the Federal Register (78 FR 41824) and requested
public comment on the proposed circular. The comment period closed on
September 9, 2013. FTA received comments from 53 entities, including
trade associations, State DOTs, metropolitan planning organizations,
public transportation providers, human service agencies, and
individuals. This notice addresses the
[[Page 32808]]
comments received and explains changes FTA made to the proposed
circular in response to comments.
The new Section 5310 program, as amended by MAP-21, authorizes
grants for the activities previously authorized under two separate
grant programs: Section 5310, formula grants for the special needs of
elderly individuals and individuals with disabilities; and Section
5317, New Freedom program. The new Section 5310 program authorizes four
types of projects: Public transportation 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;
public transportation projects that improve access to fixed route
service and decrease reliance by people with disabilities on
complementary paratransit; and alternatives to public transportation
that assist seniors and 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. Newly eligible
under Section 5310 are projects that improve access to fixed route
service. The objective of this eligible 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 Section 5310 and 5317 (New Freedom)
programs. For example, projects funded under the new Section 5310 must
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, as long as 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
only apportioned to States; 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 formula. The law specifies that 60 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 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.
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, rulemakings, and
other circulars to ensure consistency.
FTA received three comments on this chapter, all related to
definitions. One commenter suggested that FTA clarify the definition of
``public transportation,'' since some providers are not public
transportation agencies, but are non-profit human service agencies that
also provide transportation services. In MAP-21, Congress amended the
definition of public transportation to include service that is open to
a segment of the general public defined by age, disability or low-
income. This definition includes service provided by non-profit
agencies. One commenter suggested we add a definition of ``direct
recipient'' and we have done so. We have also added the statutory
definition of ``designated recipient.'' The commenter also suggested we
add definitions for ``selection of projects'' and ``competitive
selection process.'' We believe these do not require definitions and
are adequately described in the circular. Finally, one commenter noted
that the Older Americans Act defines ``elderly'' as 60 years of age or
older. Federal transit law at 49 U.S.C. 5302(18) defines ``senior'' as
an individual who is 65 years of age or older. We would note that
public transportation providers may define ``senior'' to include
individuals under age 65, as a lower age would be inclusive of those
over age 65. For purposes of the formula, funds are distributed based
on the number of people over age 65 in a particular area.
B. Chapter II--Program Overview
Section 5310(h) requires FTA to submit a report to Congress making
recommendations on the establishment of performance measures for grants
under Section 5310. The law requires the report to be developed in
consultation with national non-profit organizations that provide
technical assistance and advocacy on issues related to transportation
services for seniors and individuals with disabilities. In addition,
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). In the notice announcing the availability of the
proposed circular, FTA asked for comment on performance measures and
reporting requirements, proposed in section 3 of chapter II.
FTA received a number of comments on its proposal. Commenters were
generally concerned about the amount of data that would be collected
from traditional Section 5310 subrecipients, as well as how that data
would be collected. Some commenters suggested various performance
measures, and two commenters suggested that there be two sets of
performance measures: One for traditional Section 5310 projects and one
for other Section 5310 projects.
In light of the requirement that FTA develop a report on
performance measures in consultation with national non-profit
organizations that provide technical assistance and advocacy on issues
related to transportation services for seniors and individuals with
[[Page 32809]]
disabilities, and that we did not receive comments from such
organizations, FTA conducted additional outreach on this topic. Easter
Seals Project Action coordinated an online dialogue from March 31
through April 18, 2014 (https://fta5310grant.ideascale.com/) to get
additional comments on the measures required by 49 U.S.C. 5310(g):
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; ridership; and accessibility improvements. FTA is in
the process of reviewing the additional comments and expects to make
recommendations regarding performance measures in response to this
outreach effort.
In this final circular, FTA has retained the existing performance
measures for traditional Section 5310 projects, as well as the existing
measures for what used to be New Freedom projects. This will allow for
consistency and a continuation of previous reporting requirements as
FTA considers new performance measures.
The asset inventory reporting required by 49 U.S.C. 5335(c) will
not take effect until FTA amends the National Transit Database (NTD)
reporting manual, via a notice in the Federal Register. FTA invites
interested stakeholders to submit comments when the notice is
published.
C. Chapter III--General Program Information
FTA received a number of comments on this chapter, but many of the
comments relate to provisions in the law that FTA cannot change. For
example, several commenters objected to available funds being
apportioned 60 percent to large urbanized areas, 20 percent to small
urbanized areas and 20 percent to rural areas, and asked for more
flexibility in apportioning funds. This formula is established by
Congress in 49 U.S.C. 5310(c), and FTA has no discretion to change it.
However, the law does allow funds apportioned for small urbanized and
rural areas to be transferred to another area of the State if the
Governor of the State certifies that all of the objectives of the
Section 5310 program are being met in the specified areas. For example,
if all objectives of the Section 5310 program are being met in rural
areas, funds designated for rural areas may be transferred to urbanized
areas of less than 200,000 in population. Funds apportioned to small
urbanized and rural areas may also be transferred for use anywhere in
the State, including large urbanized areas, if the State has
established a 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 UZAs may not be transferred to other areas.
One commenter asked how the disability calculation will be made for
apportionment purposes. Consistent with 49 U.S.C. 5310(c), FTA uses
Census Bureau data, specifically the American Community Survey's 5-year
data sets, which are updated annually, to determine the number of
seniors and people with disabilities in a particular area.
Another subject on which commenters had questions--and on which FTA
has no discretion--was when an entity would be able to apply to FTA
directly for Section 5310 funds as opposed to being a subrecipient of a
designated recipient. In large urbanized areas, the Section 5310
designated recipient may allocate funds to a Section 5307 designated
recipient as a result of its coordinated planning and selection
processes, and that Section 5307 designated recipient may apply to FTA
directly for Section 5310 funds. This is consistent with the previous
New Freedom program, and there would be no other eligible direct
recipients in large urbanized areas beyond these program designated
recipients. There was a change in the law related to small urbanized
and rural areas. The previous New Freedom program (at 49 U.S.C.
5317(c)(3)) permitted States to transfer New Freedom funds to Section
5307 for administration of competitively selected New Freedom projects
within a Section 5307 grant to an eligible recipient under that
program. This provision is not in the new Section 5310 program.
Therefore, the State is the only eligible direct recipient for Section
5310 funds in rural areas and small urbanized areas, and because the
language in the proposed circular was consistent with the law, FTA is
not making any changes to section 4 of chapter III, Eligible Direct
Recipients.
Several commenters had questions about the requirement that 55
percent of an area's apportionment be available for ``traditional
Section 5310 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, including human service agencies; 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 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.
Consistent with the Section 5310 program under previous
authorizations, for traditional Section 5310 projects, the State or
designated recipient applies for Section 5310 funds on behalf of
private non-profit agencies (such as human service 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 Section 5310 funds
available (at most, 45 percent) to a rural or urbanized area, the
designated recipient applies to FTA on behalf of itself and eligible
subrecipients.
Commenters asked FTA to clarify when the 55 percent of funds
available for traditional Section 5310 projects would be available for
ADA complementary paratransit. As we stated in the Federal Register
notice accompanying the proposed circular, based on historical uses of
Section 5310 funds, FTA proposed including the eligibility of rolling
stock for and acquisition of ADA complementary paratransit service as
traditional Section 5310 projects when carried out by eligible
subrecipients, 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. Some States have historically used Section 5310 funds for vehicle
and service acquisition for ADA complementary paratransit service, in
particular where the State has required coordination efforts among
human service transportation providers. Therefore, vehicle and service
acquisition will continue to be eligible activities under the Section
5310 program as traditional Section 5310 projects when the requirements
listed above are met. Operating expenses for
[[Page 32810]]
ADA paratransit service are not eligible expenses under any part of the
Section 5310 program, except as acquisition of service, permitted under
49 U.S.C. 5310(b)(4). We have amended the circular for clarity.
If a recipient, through the coordinated planning process, elects to
expand ADA service beyond the required service components (geographic
area, additional hours, etc.) and requires additional vehicles to do
so, those additional vehicles would be eligible under the 45 percent
``other eligible projects'' as a project that exceeds ADA minimum
requirements. Similarly, accessibility improvements to rail stations
are eligible as long as they exceed ADA minimum requirements. For
example, installing an elevator in an older station where elevators are
not required, or installing a second elevator at a station in order to
provide more reliable access would be eligible under ``other eligible
projects.''
Some commenters asked whether States could blend their rural and
small urbanized area apportionments for purposes of allocating funds
between traditional Section 5310 projects and other eligible projects.
For example, if the State had two small urbanized areas in addition to
the rural area, could it allocate 55 percent of the total apportionment
for the three areas to the rural area, thus allowing the small
urbanized areas to use their apportionments for other eligible
projects? The law requires that the amount available for 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 ``shall be not less than
55 percent of the funds apportioned to the recipient'' under Section
5310. FTA apportions funds to States for rural areas, and separately
apportions funds to States for small urbanized areas. Therefore, the
allocation between traditional Section 5310 projects and other projects
must be a minimum 55/45 split in each area that receives an
apportionment.
One commenter requested that FTA allow the pass through of
administrative funds from the designated recipient to one or more
subrecipients for administration, planning, or technical assistance
purposes. We have amended section 12 of chapter III to include language
allowing this pass through of funds.
Three commenters asked that FTA remove the word ``capital'' in
section 16, Federal/Local Matching Requirements when describing non-
cash or in-kind match. FTA agrees that non-cash and in-kind match may
be operating or capital costs, and we have removed the word
``capital.'' In response to comments, we have also removed the word
``new'' when describing eligible projects, and added the word
``seniors'' to include alternative transportation available for both
seniors and individuals with disabilities.
Finally, one commenter suggested that FTA should not specifically
identify taxi operators as being eligible subrecipients in certain
circumstances, but should state for-profit operators are eligible.
Providers of public transportation, whether for-profit or non-profit,
are eligible subrecipients. However, public transportation is a shared-
ride service, and most taxi companies provide exclusive ride service.
We included this information in the circular in order to address a
frequently asked question of the former New Freedom program. Entities
that provide exclusive ride service may be eligible participants in the
Section 5310 program, but only as contractors, not as subrecipients.
FTA has made amendments to Chapter III in response to comments
described above, as well as clarifying edits.
D. Chapter IV--Program Development
FTA received only two comments on this chapter, and both commenters
requested that FTA revise section 7, Certifications and Assurances, to
reflect the fact that the designated recipient is responsible for
submitting the certifications and assurances in large urbanized areas.
This was an oversight in the proposed circular and we have revised the
language.
E. Chapter V--Coordinated Planning
This chapter describes the required coordinated planning process.
Several commenters requested that FTA maintain flexibility in how a
project appears in a coordinated plan. We have added language in the
circular to clarify that projects may be identified in the plan as
strategies, activities, and/or specific projects addressing service
gaps or transportation coordination objectives articulated and
prioritized within the plan. For example, a coordinated plan may
identify a service gap, such as the absence of accessible
transportation service after 10:00 p.m., when the transit system's
fixed route service ends. Examples of strategies to address this
service gap may be non-specific, such as adding late-night service
options; or may be more specific, such as contracting for accessible
taxi service or extending ADA complementary paratransit hours past the
fixed route service end time. Either approach allows designated
recipients to meet the identified service gap. Alternatively, the plan
may include a specific project if the people developing the coordinated
plan prefer to include a specific project to meet this need. The level
of specificity in the coordinated plan is a local decision. However,
FTA expects the program of projects that accompanies the grant to
clearly identify the gaps or strategies a particular project is
addressing; this should be done by providing the page number in the
coordinated plan that correlates to the gap or strategy for a
particular project.
Another area of comment involved addition of the word ``approved''
in the sentence, ``a coordinated plan . . . developed and approved
through a process that included participation by seniors, individuals
with disabilities . . .'' The addition of the word ``approved'' is a
change in the law. FTA inadvertently left out the words ``and
approved'' in several places in the circular; we have amended the text
to be clear that the people developing the coordinated plan--including
seniors and individuals with disabilities--must also approve that plan.
This ensures that the people who are identifying the needs and
establishing the priorities in the plan will also have a voice in
approving that plan. One commenter asked how ``approved'' is different
from ``adopted.'' In this instance, we believe these terms are
synonymous--an adopted plan is by definition one that is approved.
Some commenters asked about the relationship between the
coordinated plan and the project selection process, particularly when
the project selection process is competitive. Under previous law, a
competitive selection process was required for Section 5317 (New
Freedom); under MAP-21 it is optional. Regardless of how a specific
contractor or subrecipient is selected to carry out the project,
projects should be funded in accordance with the priorities identified
in the coordinated plan.
One commenter asked if each individual rural project must be
included in the Statewide Transportation Improvement Program (STIP).
Depending on the projects resulting from the coordinated planning and
selection process, a single line item on the STIP for capital or
operating projects may be sufficient. However, given the expanded
project and subrecipient eligibility under MAP-21, a designated
recipient and State may need to consider more detailed programming,
such as categorizing the
[[Page 32811]]
projects based on the types of projects (capital or operating) and/or
types of subrecipients, e.g., non-profit, public entity, etc.
Finally, one commenter asked if a current four-year coordinated
plan is in place, could the plan be updated to meet the new MAP-21
requirements? FTA recognizes that some entities may need to modify
existing coordinated plans to address the specific needs of seniors and
individuals with disabilities and/or be approved by seniors and
individuals with disabilities. Modifications to existing plans are
acceptable.
FTA has made clarifying edits to Chapter V to address the above
comments.
F. Chapter VI--Program Management and Administrative Requirements
The vast majority of comments received for Chapter VI related to
the proposed reporting requirements. FTA had proposed meeting the
requirements of 49 U.S.C. 5335(c) by combining all of the performance
measure and asset inventory reporting requirements into a single
requirement, and allow States and designated recipients to report on
behalf of their subrecipients under a single, unified reporting system.
While some commenters supported this approach, most commenters
expressed concern that such reporting would be burdensome on small
Section 5310 non-profit providers. As discussed in the Chapter II
summary, above, FTA is retaining the existing performance measures for
the program (including the measures for the former New Freedom program)
while we review comments received as a result of additional outreach
with non-profit agencies. In addition, the National Transit Database
(NTD) reporting requirement will only be effective after FTA conducts a
rulemaking on this requirement.
The remaining comments were related to vehicle use. One commenter
asked that FTA define the word ``incidental'' and provide examples of
permissible incidental use. Incidental use means occasional or
infrequent use of vehicles that does not interfere with the project
activities originally funded. Examples are provided in section 5,
Vehicle Use, and include meal delivery as well as use for other Federal
programs, as when the recipient is coordinating service with other
entities that provide transportation for seniors or individuals with
disabilities. Operating assistance available under Section 5310 may not
be used for such incidental purposes.
G. Chapter VII--State and Program Management Plans
FTA proposed 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. FTA received one comment on
this chapter. In section 1, General, the commenter asked FTA to be more
specific about the State Management Plan and Program Management Plan
contents that should be coordinated with the STIP and TIP. We have
amended the language for clarity. We would note, however, that there is
flexibility in the coordination of the STIP and the State Management
Plan, as well as the TIP and the Program Management Plan. Each State
and urbanized area has different needs and as such the management plan
will be different; therefore, FTA has elected not to be too specific in
what must be included in the management plan.
H. Chapter VIII--Other Provisions
This chapter describes cross-cutting FTA and Federal requirements
that apply to the Section 5310 program. Two commenters suggested
modifying the Title VI program requirements for Section 5310
subrecipients. FTA's Title VI program circular states that Section 5310
non-profits that serve only their own clientele (closed door service)
are required to submit a Title VI Program every three years, but it is
a streamlined Program that includes only basic information. Interested
stakeholders are invited to visit https://www.fta.dot.gov/legislation_law/12349_14792.html and review page IV-1 of the Title VI circular.
One commenter suggested that typical categorical exclusions be included
in the Environmental Review section of this chapter. Operating
assistance and most vehicle acquisitions will be categorically
excluded, but many other capital projects may not be. We recommend
recipients consult with their FTA regional office if they have specific
questions related to environmental reviews. One commenter suggested
that FTA include the human service transportation exception to the
charter service prohibition in the circular. We have added this text to
the section on Charter Bus Services.
I. Appendices
One commenter suggested that FTA remove the union contact
information from the checklist in Appendix A, since labor protections
do not apply to the Section 5310 program. We have made that change. We
have not made any other substantive edits to the appendices.
Issued in Washington, DC, 2nd day of June 2014.
Dorval R. Carter, Jr.,
Chief Counsel.
[FR Doc. 2014-13178 Filed 6-5-14; 8:45 am]
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