Fourth Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy, 43705-43707 [2016-15801]

Download as PDF 43705 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 42. 43. 44. 45. 46. 47. 48. 49. 50. 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: VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 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 Frm 00136 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 PO 00000 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 PO 00000 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

[[Page 43707]]

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]
 BILLING CODE P
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