Fourth Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy, 43705-43707 [2016-15801]
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
APPENDIX TO NOTICE OF APPLICATION FOR APPROVAL OF MOTOR CARRIERS TO UTILIZE AMERICAN PYROTECHNICS ASSOCIATION’S (APA) EXEMPTION FROM THE 14-HOUR RULE DURING 2016 INDEPENDENCE DAY CELEBRATIONS—Continued
Motor carrier
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43.
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48.
49.
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51.
Street address
Sorgi American Fireworks Michigan, LLC ..........................
Spielbauer Fireworks Co, Inc .............................................
Spirit of 76 ..........................................................................
Starfire Corporation ............................................................
Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc.
Western Display Fireworks, Ltd ..........................................
Western Enterprises, Inc ....................................................
Wolverine Fireworks Display, Inc .......................................
Young Explosives Corp ......................................................
Zambelli Fireworks MFG, Co., Inc ......................................
City, state, zip code
DOT No.
935 Wales Ridge Rd ..............
220 Roselawn Blvd .................
6401 West Hwy 40 .................
682 Cole Road ........................
2235 Vermont Route 14 South
10946 S. New Era Rd ............
P.O. Box 160 ..........................
205 W Seidlers .......................
P.O. Box 18653 ......................
P.O. Box 1463 ........................
Wales, MI 48027 .....................
Green Bay, WI 54301 .............
Columbia, MO 65202 ..............
Carrolltown, PA 15722 ............
East Montpelier, VT 05651 .....
Canby, OR 97013 ...................
Carrier, OK 73727 ..................
Kawkawlin, MI .........................
Rochester, NY 14618 .............
New Castle, PA 16103 ...........
2475727
046479
2138948
554645
310632
498941
203517
376857
450304
033167
* Not included in 2015 list of approved carriers.
[FR Doc. 2016–15797 Filed 6–29–16; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fourth Allocation of Public
Transportation Emergency Relief
Funds in Response to Hurricane Sandy
Federal Transit Administration
(FTA), DOT.
ACTION: Notice.
AGENCY:
The Federal Transit
Administration (FTA) announces the
allocation of $834,612,566 through the
Public Transportation Emergency Relief
Program (Emergency Relief Program,
Catalogue of Federal Domestic
Assistance #20.527) for recovery
projects to three FTA recipients with
estimated damages that exceed the
amounts of funding previously made
available: The Metropolitan
Transportation Authority of New York,
the New Jersey Transit Corporation, and
the Port Authority of New York and
New Jersey. Funds allocated in this
notice are in addition to funds allocated
on March 29, 2013 (78 FR 19357), May
29, 2013 (78 FR 32296), and November
5, 2014 (79 FR 65762), and brings the
total amount of Hurricane Sandy
Emergency Relief funds allocated by
FTA to date to $10.088 billion. Of that
amount, $5,196,184,125 has been
allocated for emergency response,
recovery, and rebuilding projects and
$4,891,883,625 has been allocated for
resilience projects, which are designed
to protect transit systems in the
Hurricane Sandy disaster area from
damages associated with future storms.
With this notice, FTA has now fully
allocated all of the funding made
available under the Disaster Relief
Appropriations Act of 2013
(Appropriations Act, Pub. L. 113–2).
sradovich on DSK3GDR082PROD with NOTICES
SUMMARY:
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17:27 Jul 01, 2016
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FTA is allocating funds consistent with
the requirements of the Appropriations
Act, the FTA Emergency Relief Program
49 U.S.C. 5324, the Final Rule for the
Emergency Relief Program, 49 CFR part
602, published in the Federal Register
on October 7, 2014 (78 FR 23806), and
all previously announced FTA policies
and procedures for Hurricane Sandy
Emergency Relief funding.
In addition, this notice establishes a
procedure for recipients to request the
reallocation of funding previously
allocated for resilience projects to fund
eligible disaster recovery expenses in
excess of the total amount of funding
available from previous allocations,
insurance payments, and the expected
local cost share. Funds reallocated
under this procedure must be used for
disaster recovery expenses or be
returned to FTA upon completion of the
recovery effort. Reallocation requests are
subject to the terms and conditions
specified in this notice and must be
approved by FTA.
Unless specifically revised by this
notice, all previously published
program policies and requirements
associated with Hurricane Sandy
recovery and rebuilding funding remain
in effect.
FOR FURTHER INFORMATION CONTACT:
Contact the appropriate FTA Regional
Office found at https://www.fta.dot.gov
for application-specific information and
other assistance needed in preparing an
FTA grant application. For programspecific questions, please contact Adam
Schildge, Office of Program
Management, 1200 New Jersey Ave. SE.,
Washington, DC 20590, phone: (202)
366–0778, or email,
Adam.Schildge@dot.gov. For legal
questions, contact Helen Serassio, Office
of Chief Counsel, same address, phone:
(202) 366–1974, or email,
Helen.Serassio@dot.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4703
Sfmt 4703
Table of Contents
I. Allocation of Hurricane Sandy Recovery
Funding
II. Procedure for Reallocation of Resilience
Funds for Disaster Recovery
III. Award Administration
I. Allocation of Hurricane Sandy
Recovery Funding
The FTA Emergency Relief (ER)
Program provides FTA with the
authority to reimburse emergency
response and recovery costs for public
transportation systems, including costs
for projects to protect systems in danger
of future damage (resilience projects),
after an emergency or major disaster.
The Disaster Relief Appropriations Act
provides $10.9 billion for FTA’s
Emergency Relief Program for recovery,
relief, and resilience efforts in areas
affected by Hurricane Sandy. However,
as a result of the Balanced Budget and
Emergency Deficit Control Act of 2011
(Pub. L. 112–25) for fiscal year (FY)
2013, approximately five percent, or
almost $545 million of the $10.9 billion,
was subject to sequestration and is
unavailable for Hurricane Sandy
disaster relief, leaving approximately
$10.349 billion available. In addition,
$185 million was transferred to the
Federal Railroad Administration (FRA)
leaving a balance of $10.164 billion.
FTA has allocated the available funding
in multiple tiers for emergency
response, recovery and rebuilding,
locally-prioritized resilience projects,
competitively selected resilience
projects, and through direct transfers to
other DOT offices.
Purpose of allocation
Response, Recovery
and Rebuilding (including $834 million
in this notice) .............
Locally-Prioritized Resilience ..........................
E:\FR\FM\05JYN1.SGM
05JYN1
Amount allocated
$5,196,184,125
1,300,000,000
43706
Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
Purpose of allocation
Amount allocated
Competitive Resilience
Total Allocations ........
3,591,883,625
1 10,088,067,750
1 An additional $76,232,250 is available for
oversight/administrative expenses for a total of
$10,164,300,000.
With this notice, FTA is allocating the
remaining $834.6 million in available
recovery funding on a proportional
basis, based on previous FTA recovery
allocations and detailed damage
assessments submitted by the affected
agencies that were prepared in
cooperation with FTA and Federal
Emergency Management Administration
(FEMA) staff, including recently
validated updates to these estimates.
The damage assessments completed in
the immediate aftermath of Hurricane
Sandy estimated a recovery and
rebuilding cost of $5.83 billion. During
the summer of 2015, FTA was notified
by three of the affected transit agencies
that the estimated cost of recovery and
rebuilding has increased due to
previously unknown latent damages,
refinement of the cost estimates for
recovery capital projects, and changes in
the construction market since the
original damage estimates were
submitted. FTA required submission of
the revised cost estimates by August 14,
2015. Based on those submittals, FTA
independently verified the validity of
proposed increases, and has determined
that the estimated total cost of repairing
the damage has increased by
approximately $2.1 billion to a revised
total estimated $7.9 billion.
As this is the final allocation of funds,
FTA is allocating these funds
proportionally based on the current
estimated unfunded recovery need for
each agency, which takes into account
the current revised estimated damage
assessments as well as funds that have
previously been allocated. Consistent
with previous allocations and program
policies, recovery funding allocated in
this notice can be used for eligible
recovery expenses in accordance with
the Emergency Relief program
requirements. This includes the
recovery costs of transportation assets
owned by other entities, to the extent
those assets are used for public
transportation purposes, and in a
proportion consistent with written
agreement(s) between the public transit
agency and the owner of the asset.
The approximately $834.6 million
allocated in this notice includes
approximately $817 million that was
reserved for future allocation and a
remaining balance of $17.473 million
from the approximately $28 million that
FTA set aside in the March 29, 2013,
Federal Register Notice of Allocation.
Prior to determining the allocation
amounts in this notice, FTA solicited
requests for outstanding Hurricane
Sandy disaster relief needs from other
affected transit agencies. Based on the
responses received, FTA has determined
that there are no remaining disaster
recovery needs beyond the three
agencies included in this notice.
FEDERAL TRANSIT ADMINISTRATION FTA SECTION 5324 EMERGENCY RELIEF PROGRAM
[Allocations for Hurricane Sandy recovery, by agency *]
Discretionary funding
ID
(current allocation)
Previous recovery
allocations
Additional
recovery and
restoration
State(s)
Agency
NY ........................
D2016–SAND–003 ....
$2,896,771,774
$432,019,737
$3,328,791,511
D2016–SAND–004 ....
1,073,024,652
299,760,847
1,372,785,499
NJ .........................
Mult ......................
New York Metropolitan Transportation Authority.
Port Authority of New York and
New Jersey.
New Jersey Transit Corporation .....
Other affected agencies ..................
D2016–SAND–005 ....
....................................
341,990,757
49,784,376
102,831,982
0
444,822,739
49,784,376
Grand total ....
..........................................................
....................................
4,361,571,559
834,612,566
5,196,184,125
NY, NJ ..................
* Allocation
amounts reflect reductions due to sequestration. Recovery funds include capital and operating assistance
sradovich on DSK3GDR082PROD with NOTICES
II. Procedure for Reallocation of
Resilience Funds for Disaster Recovery
A. Policy
FTA has determined that certain
transit agencies have estimated total
recovery and rebuilding costs that
exceed the amount of funding made
available for disaster recovery under the
FTA ER Program. These damage
estimates have increased due to the
discovery of latent damages, refinement
to project cost estimates, and changes in
the construction market since the
original estimates were submitted. The
need for Federal assistance has also
increased due to the use by recipients of
statutory alternatives to local cost
sharing and the undetermined status of
insurance proceeds. Additionally, FTA
has previously allocated funding to
these agencies for resilience projects
designed to protect the transit systems
from damages associated with future
VerDate Sep<11>2014
Total allocations
18:29 Jul 01, 2016
Jkt 238001
natural disasters; however, a portion of
this resilience funding has not yet been
obligated or disbursed.
Based on a review of the remaining
unfunded disaster recovery needs, FTA
will allow recipients the option to
request a reallocation of unliquidated
resilience funding for their remaining
unfunded disaster recovery expenses.
Each agency may request the
reallocation of resilience funds up to a
maximum amount that is based on most
recent damage cost estimates submitted
by the agencies as of August 14, 2015,
and validated by FTA, insurance
payments that have been received to
date, and an expectation that agencies
will provide a local cost share equal to
at least 10 percent of the total cost of
Hurricane Sandy disaster recovery. The
estimated maximum amount each
agency may request to reallocate for
FTA ER funding is shown in the table
below. However, these amounts may
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Frm 00137
Fmt 4703
Sfmt 4703
increase or decrease based on additional
validated recovery costs and/or the
receipt of additional insurance
proceeds.
Agency
MTA–NY .................
Port Authority ..........
New Jersey Transit
Estimated maximum
amount of resilience
funds that may be
reallocated
($ million)
800.7
466.6
187.6
A transit agency’s request for
reallocation of resilience funds may
include eligible repair work to
transportation assets not owned by the
transit agency, but used by it, if the
transit agency provides documentation
that: Demonstrates that the damage was
caused by Hurricane Sandy; that the
E:\FR\FM\05JYN1.SGM
05JYN1
Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
sradovich on DSK3GDR082PROD with NOTICES
asset is used for public transportation
purposes; and; that the proposed share
of the project cost is consistent with
written agreement(s) between the public
transit agency and the owner of the
asset.
In determining whether to approve a
reallocation request, FTA will review
the eligibility of the proposed project for
Hurricane Sandy recovery funding. The
reallocation request must include
information sufficient for FTA to make
the following determinations:
• The proposed project is a capital
recovery project that addresses damage
caused directly by Hurricane Sandy.
• The proposed recovery project is
documented in previously validated
damage estimates (original or revised) or
in new documentation demonstrating
that the damage was caused by
Hurricane Sandy.
• For proposed recovery projects that
include costs associated with repairing
transportation assets owned by other
entities, the applicant must provide
documentation showing that the asset is
used for public transportation purposes,
and that the proposed share of the
project cost is consistent with written
agreement(s) between the public transit
agency and the owner of the asset.
• The proposed recovery project
complies with the Appropriations Act,
the FTA’s Emergency Relief Program
Final Rule and applicable FTA
guidance.
• If funds will be reallocated from a
resilience project for which FTA has
disbursed funding, the applicant must
demonstrate that that the funds
disbursed to date will support a
resilience project of independent utility,
consistent with the scope of the
competitive funding application if
applicable.
• The request must also include
documentation explaining why the
applicant has prioritized the recovery
project over the resilience project.
The eligibility of recovery projects for
reallocated funding is consistent with
previous eligibilities for recovery
funding under this program. Funds
reallocated under this procedure may
only be used for the recovery project or
projects listed in the reallocation
request.
B. Requirements
Agencies that wish to request a
reallocation of resilience funds must
provide:
• The name, location, and description
of the recovery project(s) for which
funds are requested to be reallocated to.
• Documentation identifying the
project in the most recent validated
Hurricane Sandy damage assessment, or
VerDate Sep<11>2014
17:27 Jul 01, 2016
Jkt 238001
if new, documentation showing that the
project is an eligible disaster recovery
expense resulting directly from damages
caused by Hurricane Sandy. Such
documentation may include FEMA draft
project worksheets from the period
immediately after the disaster,
engineering estimates that indicate the
source of damages and the scope and
projected cost of necessary repair work,
or other similar documents.
• A statement why the requested
project is a priority over the resilience
project losing the funds.
• The source of resilience funds (local
priority resilience or competitive
resilience) that will be returned to the
program, as well as the location and
description of any resilience project(s)
from which funds will be withdrawn
and the status of those projects.
• If applicable, a copy of the subject
agreement with a third party entity if
the proposed project includes an asset
owned by a third party, including the
methodology for determining the
allocation of costs associated with
repairing the relevant asset.
• If FTA funds have been disbursed
for a resilience project from which the
agency proposes to return funds for
reallocation, the application must
indicate the amount of funds not
disbursed for the project, the amount of
those funds to be retained for additional
work on the project, the status of the
project, and an explanation of whether
or how any funds retained and the
disbursed funds will be used to
complete a resilience project with
independent utility.
All requests for reallocation of funds
for recovery projects must be submitted
to FTA no later than September 30,
2016. All requests must be submitted
through the FTA Emergency Relief
docket under FTA–2016–0001. FTA will
post the agency response to reallocation
requests to the docket.
III. Coordination With the Federal
Emergency Management Agency
(FEMA)
The Disaster Relief Appropriations
Act of 2013 appropriated funding to
FTA for transit systems affected by
Hurricane Sandy, and a Memorandum
of Agreement between FTA and FEMA
establishes FTA as the primary payor of
expenses incurred by public
transportation agencies as a result of a
major disaster. FTA and FEMA continue
to coordinate on funding for Sandy
damages, and FEMA has advised that
where FTA has made available funding
that by FTA’s estimation fully satisfies
the Federal share of 90% of the
maximum amount of funding needed for
public transit disaster recovery expenses
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Frm 00138
Fmt 4703
Sfmt 4703
43707
required by Hurricane Sandy damage,
additional funding from FEMA is not
eligible.
IV. Award Administration
All previously published program
policies and requirements associated
with Hurricane Sandy recovery and
rebuilding funding remain in effect.
Issued in Washington, DC.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016–15801 Filed 7–1–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
U.S. Merchant Marine Academy Board
of Visitors Meeting
Maritime Administration, DOT.
Meeting notice.
AGENCY:
ACTION:
The U.S. Department of
Transportation, Maritime
Administration (MARAD) announces
that the following U.S. Merchant Marine
Academy (‘‘Academy’’) Board of
Visitors (BOV) meeting will take place:
1. Date: July 13, 2016.
2. Time: 1:30 p.m.
3. Location: Capital Visitors Center,
Washington, DC. Room to be
determined.
4. Purpose of the Meeting: The
purpose of this meeting is to brief BOV
members on the Academy Advisory
Board’s annual report to the Secretary of
Transportation and the status of
reaccreditation.
5. Public Access to the Meeting: This
meeting is open to the public. Seating is
on a first-come basis. Members of the
public wishing to attend the meeting
will need to show photo identification
in order to gain access to the meeting
location.
FOR FURTHER INFORMATION CONTACT: The
BOV’s Designated Federal Officer and
Point of Contact Brian Blower; 202 366–
2765; Brian.Blower@dot.gov.
SUPPLEMENTARY INFORMATION: Any
member of the public is permitted to file
a written statement with the Academy
BOV. Written statements should be sent
to the Designated Federal Officer at:
Brian Blower; 1200 New Jersey Ave SE.,
W28–313, Washington, DC 20590 or via
email at Brian.Blower@dot.gov. (Please
contact the Designated Federal Officer
for information on submitting comments
via fax.) Written statements must be
received no later than three working
days prior to the next meeting in order
to provide time for member
consideration. By rule, no member of
SUMMARY:
E:\FR\FM\05JYN1.SGM
05JYN1
Agencies
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43705-43707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15801]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fourth Allocation of Public Transportation Emergency Relief Funds
in Response to Hurricane Sandy
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
allocation of $834,612,566 through the Public Transportation Emergency
Relief Program (Emergency Relief Program, Catalogue of Federal Domestic
Assistance #20.527) for recovery projects to three FTA recipients with
estimated damages that exceed the amounts of funding previously made
available: The Metropolitan Transportation Authority of New York, the
New Jersey Transit Corporation, and the Port Authority of New York and
New Jersey. Funds allocated in this notice are in addition to funds
allocated on March 29, 2013 (78 FR 19357), May 29, 2013 (78 FR 32296),
and November 5, 2014 (79 FR 65762), and brings the total amount of
Hurricane Sandy Emergency Relief funds allocated by FTA to date to
$10.088 billion. Of that amount, $5,196,184,125 has been allocated for
emergency response, recovery, and rebuilding projects and
$4,891,883,625 has been allocated for resilience projects, which are
designed to protect transit systems in the Hurricane Sandy disaster
area from damages associated with future storms. With this notice, FTA
has now fully allocated all of the funding made available under the
Disaster Relief Appropriations Act of 2013 (Appropriations Act, Pub. L.
113-2). FTA is allocating funds consistent with the requirements of the
Appropriations Act, the FTA Emergency Relief Program 49 U.S.C. 5324,
the Final Rule for the Emergency Relief Program, 49 CFR part 602,
published in the Federal Register on October 7, 2014 (78 FR 23806), and
all previously announced FTA policies and procedures for Hurricane
Sandy Emergency Relief funding.
In addition, this notice establishes a procedure for recipients to
request the reallocation of funding previously allocated for resilience
projects to fund eligible disaster recovery expenses in excess of the
total amount of funding available from previous allocations, insurance
payments, and the expected local cost share. Funds reallocated under
this procedure must be used for disaster recovery expenses or be
returned to FTA upon completion of the recovery effort. Reallocation
requests are subject to the terms and conditions specified in this
notice and must be approved by FTA.
Unless specifically revised by this notice, all previously
published program policies and requirements associated with Hurricane
Sandy recovery and rebuilding funding remain in effect.
FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional
Office found at https://www.fta.dot.gov for application-specific
information and other assistance needed in preparing an FTA grant
application. For program-specific questions, please contact Adam
Schildge, Office of Program Management, 1200 New Jersey Ave. SE.,
Washington, DC 20590, phone: (202) 366-0778, or email,
Adam.Schildge@dot.gov. For legal questions, contact Helen Serassio,
Office of Chief Counsel, same address, phone: (202) 366-1974, or email,
Helen.Serassio@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Allocation of Hurricane Sandy Recovery Funding
II. Procedure for Reallocation of Resilience Funds for Disaster
Recovery
III. Award Administration
I. Allocation of Hurricane Sandy Recovery Funding
The FTA Emergency Relief (ER) Program provides FTA with the
authority to reimburse emergency response and recovery costs for public
transportation systems, including costs for projects to protect systems
in danger of future damage (resilience projects), after an emergency or
major disaster. The Disaster Relief Appropriations Act provides $10.9
billion for FTA's Emergency Relief Program for recovery, relief, and
resilience efforts in areas affected by Hurricane Sandy. However, as a
result of the Balanced Budget and Emergency Deficit Control Act of 2011
(Pub. L. 112-25) for fiscal year (FY) 2013, approximately five percent,
or almost $545 million of the $10.9 billion, was subject to
sequestration and is unavailable for Hurricane Sandy disaster relief,
leaving approximately $10.349 billion available. In addition, $185
million was transferred to the Federal Railroad Administration (FRA)
leaving a balance of $10.164 billion. FTA has allocated the available
funding in multiple tiers for emergency response, recovery and
rebuilding, locally-prioritized resilience projects, competitively
selected resilience projects, and through direct transfers to other DOT
offices.
------------------------------------------------------------------------
Purpose of allocation Amount allocated
------------------------------------------------------------------------
Response, Recovery and Rebuilding (including $834 $5,196,184,125
million in this notice)............................
Locally-Prioritized Resilience...................... 1,300,000,000
[[Page 43706]]
Competitive Resilience.............................. 3,591,883,625
-------------------
Total Allocations................................. \1\ 10,088,067,750
------------------------------------------------------------------------
\1\ An additional $76,232,250 is available for oversight/administrative
expenses for a total of $10,164,300,000.
With this notice, FTA is allocating the remaining $834.6 million in
available recovery funding on a proportional basis, based on previous
FTA recovery allocations and detailed damage assessments submitted by
the affected agencies that were prepared in cooperation with FTA and
Federal Emergency Management Administration (FEMA) staff, including
recently validated updates to these estimates. The damage assessments
completed in the immediate aftermath of Hurricane Sandy estimated a
recovery and rebuilding cost of $5.83 billion. During the summer of
2015, FTA was notified by three of the affected transit agencies that
the estimated cost of recovery and rebuilding has increased due to
previously unknown latent damages, refinement of the cost estimates for
recovery capital projects, and changes in the construction market since
the original damage estimates were submitted. FTA required submission
of the revised cost estimates by August 14, 2015. Based on those
submittals, FTA independently verified the validity of proposed
increases, and has determined that the estimated total cost of
repairing the damage has increased by approximately $2.1 billion to a
revised total estimated $7.9 billion.
As this is the final allocation of funds, FTA is allocating these
funds proportionally based on the current estimated unfunded recovery
need for each agency, which takes into account the current revised
estimated damage assessments as well as funds that have previously been
allocated. Consistent with previous allocations and program policies,
recovery funding allocated in this notice can be used for eligible
recovery expenses in accordance with the Emergency Relief program
requirements. This includes the recovery costs of transportation assets
owned by other entities, to the extent those assets are used for public
transportation purposes, and in a proportion consistent with written
agreement(s) between the public transit agency and the owner of the
asset.
The approximately $834.6 million allocated in this notice includes
approximately $817 million that was reserved for future allocation and
a remaining balance of $17.473 million from the approximately $28
million that FTA set aside in the March 29, 2013, Federal Register
Notice of Allocation. Prior to determining the allocation amounts in
this notice, FTA solicited requests for outstanding Hurricane Sandy
disaster relief needs from other affected transit agencies. Based on
the responses received, FTA has determined that there are no remaining
disaster recovery needs beyond the three agencies included in this
notice.
Federal Transit Administration FTA Section 5324 Emergency Relief Program
[Allocations for Hurricane Sandy recovery, by agency *]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional
State(s) Agency Discretionary funding ID (current Previous recovery recovery and Total allocations
allocation) allocations restoration
--------------------------------------------------------------------------------------------------------------------------------------------------------
NY.................................. New York Metropolitan D2016-SAND-003................... $2,896,771,774 $432,019,737 $3,328,791,511
Transportation
Authority.
NY, NJ.............................. Port Authority of New D2016-SAND-004................... 1,073,024,652 299,760,847 1,372,785,499
York and New Jersey.
NJ.................................. New Jersey Transit D2016-SAND-005................... 341,990,757 102,831,982 444,822,739
Corporation.
Mult................................ Other affected ................................. 49,784,376 0 49,784,376
agencies.
-------------------------------------------------------------------------------------------
Grand total..................... ...................... ................................. 4,361,571,559 834,612,566 5,196,184,125
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ Allocation amounts reflect reductions due to sequestration. Recovery funds include capital and operating assistance
II. Procedure for Reallocation of Resilience Funds for Disaster
Recovery
A. Policy
FTA has determined that certain transit agencies have estimated
total recovery and rebuilding costs that exceed the amount of funding
made available for disaster recovery under the FTA ER Program. These
damage estimates have increased due to the discovery of latent damages,
refinement to project cost estimates, and changes in the construction
market since the original estimates were submitted. The need for
Federal assistance has also increased due to the use by recipients of
statutory alternatives to local cost sharing and the undetermined
status of insurance proceeds. Additionally, FTA has previously
allocated funding to these agencies for resilience projects designed to
protect the transit systems from damages associated with future natural
disasters; however, a portion of this resilience funding has not yet
been obligated or disbursed.
Based on a review of the remaining unfunded disaster recovery
needs, FTA will allow recipients the option to request a reallocation
of unliquidated resilience funding for their remaining unfunded
disaster recovery expenses.
Each agency may request the reallocation of resilience funds up to
a maximum amount that is based on most recent damage cost estimates
submitted by the agencies as of August 14, 2015, and validated by FTA,
insurance payments that have been received to date, and an expectation
that agencies will provide a local cost share equal to at least 10
percent of the total cost of Hurricane Sandy disaster recovery. The
estimated maximum amount each agency may request to reallocate for FTA
ER funding is shown in the table below. However, these amounts may
increase or decrease based on additional validated recovery costs and/
or the receipt of additional insurance proceeds.
------------------------------------------------------------------------
Estimated maximum amount of
Agency resilience funds that may be
reallocated ($ million)
------------------------------------------------------------------------
MTA-NY............................. 800.7
Port Authority..................... 466.6
New Jersey Transit................. 187.6
------------------------------------------------------------------------
A transit agency's request for reallocation of resilience funds may
include eligible repair work to transportation assets not owned by the
transit agency, but used by it, if the transit agency provides
documentation that: Demonstrates that the damage was caused by
Hurricane Sandy; that the
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asset is used for public transportation purposes; and; that the
proposed share of the project cost is consistent with written
agreement(s) between the public transit agency and the owner of the
asset.
In determining whether to approve a reallocation request, FTA will
review the eligibility of the proposed project for Hurricane Sandy
recovery funding. The reallocation request must include information
sufficient for FTA to make the following determinations:
The proposed project is a capital recovery project that
addresses damage caused directly by Hurricane Sandy.
The proposed recovery project is documented in previously
validated damage estimates (original or revised) or in new
documentation demonstrating that the damage was caused by Hurricane
Sandy.
For proposed recovery projects that include costs
associated with repairing transportation assets owned by other
entities, the applicant must provide documentation showing that the
asset is used for public transportation purposes, and that the proposed
share of the project cost is consistent with written agreement(s)
between the public transit agency and the owner of the asset.
The proposed recovery project complies with the
Appropriations Act, the FTA's Emergency Relief Program Final Rule and
applicable FTA guidance.
If funds will be reallocated from a resilience project for
which FTA has disbursed funding, the applicant must demonstrate that
that the funds disbursed to date will support a resilience project of
independent utility, consistent with the scope of the competitive
funding application if applicable.
The request must also include documentation explaining why
the applicant has prioritized the recovery project over the resilience
project.
The eligibility of recovery projects for reallocated funding is
consistent with previous eligibilities for recovery funding under this
program. Funds reallocated under this procedure may only be used for
the recovery project or projects listed in the reallocation request.
B. Requirements
Agencies that wish to request a reallocation of resilience funds
must provide:
The name, location, and description of the recovery
project(s) for which funds are requested to be reallocated to.
Documentation identifying the project in the most recent
validated Hurricane Sandy damage assessment, or if new, documentation
showing that the project is an eligible disaster recovery expense
resulting directly from damages caused by Hurricane Sandy. Such
documentation may include FEMA draft project worksheets from the period
immediately after the disaster, engineering estimates that indicate the
source of damages and the scope and projected cost of necessary repair
work, or other similar documents.
A statement why the requested project is a priority over
the resilience project losing the funds.
The source of resilience funds (local priority resilience
or competitive resilience) that will be returned to the program, as
well as the location and description of any resilience project(s) from
which funds will be withdrawn and the status of those projects.
If applicable, a copy of the subject agreement with a
third party entity if the proposed project includes an asset owned by a
third party, including the methodology for determining the allocation
of costs associated with repairing the relevant asset.
If FTA funds have been disbursed for a resilience project
from which the agency proposes to return funds for reallocation, the
application must indicate the amount of funds not disbursed for the
project, the amount of those funds to be retained for additional work
on the project, the status of the project, and an explanation of
whether or how any funds retained and the disbursed funds will be used
to complete a resilience project with independent utility.
All requests for reallocation of funds for recovery projects must
be submitted to FTA no later than September 30, 2016. All requests must
be submitted through the FTA Emergency Relief docket under FTA-2016-
0001. FTA will post the agency response to reallocation requests to the
docket.
III. Coordination With the Federal Emergency Management Agency (FEMA)
The Disaster Relief Appropriations Act of 2013 appropriated funding
to FTA for transit systems affected by Hurricane Sandy, and a
Memorandum of Agreement between FTA and FEMA establishes FTA as the
primary payor of expenses incurred by public transportation agencies as
a result of a major disaster. FTA and FEMA continue to coordinate on
funding for Sandy damages, and FEMA has advised that where FTA has made
available funding that by FTA's estimation fully satisfies the Federal
share of 90% of the maximum amount of funding needed for public transit
disaster recovery expenses required by Hurricane Sandy damage,
additional funding from FEMA is not eligible.
IV. Award Administration
All previously published program policies and requirements
associated with Hurricane Sandy recovery and rebuilding funding remain
in effect.
Issued in Washington, DC.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016-15801 Filed 7-1-16; 8:45 am]
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