Public Transportation Emergency Relief Funds for Transit Systems Affected by Major Declared Disasters Occurring in Calendar Year 2018, 66271-66276 [2019-26068]
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0244]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption from Lytx, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for exemption from Lytx,
Inc. (Lytx) to allow its Advanced Driver
Assistance Systems (ADAS) to be
mounted lower in the windshield on
commercial motor vehicles (CMV) than
is currently permitted.
DATES: Comments must be received on
or before January 2, 2020.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2019–0244 using any of the following
methods:
• Website: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
• Hand Delivery: Ground Floor, Room
W12–140, DOT Building, 1200 New
Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m. e.t., Monday–
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the ‘‘Public
Participation’’ heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the ‘‘Privacy Act’’ heading for
further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to Room W12–
140, DOT Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
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SUMMARY:
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from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public participation: The https://
www.regulations.gov website is
generally available 24 hours each day,
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov
website as well as the DOT’s https://
docketsinfo.dot.gov website. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
Mr.
Jose R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
Under 49 CFR 381.315(a), FMCSA
must publish a notice of each exemption
request in the Federal Register. The
Agency must provide the public with an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
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66271
Lytx Application for Exemption
The Federal Motor Carrier Safety
Regulations (FMCSR) require devices
meeting the definition of ‘‘vehicle safety
technology,’’ including Lytx’s ADAS, to
be mounted (1) not more than 4 inches
below the upper edge of the area swept
by the windshield wipers, or (2) not
more than 7 inches above the lower
edge of the area swept by the
windshield wipers, and outside the
driver’s sight lines to the road and
highway signs and signals. Lytx has
applied for an exemption from 49 CFR
393.60(e)(1) to allow its ADAS to be
mounted lower in the windshield than
is currently permitted. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
Request for Comments
In accordance with 49 U.S.C.
31315(b)(6), FMCSA requests public
comment from all interested persons on
Lytx’s application for an exemption
from 49 CFR 393.60. All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: November 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–26097 Filed 12–2–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Public Transportation Emergency
Relief Funds for Transit Systems
Affected by Major Declared Disasters
Occurring in Calendar Year 2018
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Availability of
Emergency Relief Funding (NAERF).
AGENCY:
The Federal Transit
Administration (FTA) announces the
opportunity to apply for $10,462,935 in
non-competitive grants under the Public
SUMMARY:
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Transportation Emergency Relief
Program (Emergency Relief Program) to
States, Territories, local governmental
authorities, Indian tribes, and other FTA
recipients affected by major declared
disasters occurring in calendar year
2018. Projects may include costs for
disaster response, recovery, and
rebuilding activities. FTA will distribute
these funds in a manner consistent with
the eligibility requirements of this
program on a non-competitive basis,
subject to the priorities set forth below.
Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time on January 17,
2020. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website promptly to
ensure completion of the application
process before the submission deadline.
Instructions for applying can be found
on FTA’s website at https://
transit.dot.gov/howtoapply and in the
‘‘FIND’’ module of GRANTS.GOV. The
funding opportunity ID is FTA–2020–
002–TPM–ER. Mail and fax submissions
will not be accepted.
DATES:
FOR FURTHER INFORMATION CONTACT:
For
program-specific questions about
applying for the funds through
GRANTS.GOV as outlined in this
notice, please contact Thomas Wilson,
Office of Program Management, 1200
New Jersey Ave SE, Washington, DC
20590, phone: (202) 366–5279, or email,
Thomas.Wilson@dot.gov. For legal
questions, contact Bonnie Graves, Office
of Chief Counsel, 90 Seventh St., Ste
15–300, San Francisco, CA 94103,
phone: (202) 366–0944, or email,
Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Considerations for Recipients of Emergency
Relief Funds
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission
Information
E. Allocation Methodology
F. Pre-Award Authority
G. Waiver of Remaining Useful Life
Requirement
H. Treatment of Insurance Proceeds
I. Emergency Relief from FTA Regulatory
Requirements
II. Federal Award Administration
A. TrAMS Grant Application
B. Payment
C. Grant Requirements
D. Reporting
E. Oversight and Audits
F. Federal Awarding Agency Contact
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A. Program Description
Extreme weather and other
destructive events occurring during
calendar year 2018 resulted in 62 major
disasters across the United States.
Transit systems in some of the disasteraffected areas provided emergency
transportation services or sustained
damage to capital assets.
FTA’s Emergency Relief Program
provides FTA with primary
responsibility for reimbursing public
transportation emergency response and
recovery costs after an emergency or
major disaster that affects public
transportation systems. As such, public
transportation agencies, States,
Territories, local governmental
authorities, Indian tribes, and other FTA
grant recipients that provide or fund
public transportation service in the
affected areas are eligible for Emergency
Relief funding under the program. FTA
will allocate funds consistent with the
requirements of the final rule for the
Emergency Relief Program (49 CFR part
602), published in the Federal Register
on October 7, 2014.
B. Federal Award Information
The Additional Supplemental
Appropriations for Disaster Relief Act of
2019 (Disaster Relief Act) (Pub. L. 116–
20), signed into law on June 6, 2019,
appropriated $10,542,000 for FTA’s
Emergency Relief Program (49 U.S.C.
5324) for transit systems affected by
major declared disasters occurring in
calendar year 2018.
Of the $10,542,000 million
appropriated, three-quarters of 1
percent, or a total of $79,065 is set aside
for administrative expenses and ongoing
program management oversight
activities as authorized under the
Disaster Relief Act, leaving $10,462,935
available for allocation to eligible
recipients.
C. Eligibility Information
1. Eligible Applicants
Public transportation agencies, States,
Territories, local governmental
authorities, Indian tribes, and other FTA
grant recipients that provide or fund
public transportation service are eligible
for Emergency Relief funding under the
program. To be considered eligible to
apply for the funding described in this
NAERF, such entities must provide or
fund public transportation services in
counties designated as eligible for any
category of Federal Emergency
Management Agency (FEMA) Public
Assistance for a major declared disaster
with an incident period partially or
entirely occurring within calendar year
2018. Entities that generally receive
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transit funding directly from FTA may
apply for these funds according to the
instructions in this NAERF. Public
transit systems that are not FTA direct
recipients (i.e., are subrecipients) but
have incurred eligible expenses may
receive Emergency Relief funding
through a pass-through entity, such as a
State or designated recipient. Please see
www.fema.gov/disasters for a list of
major disaster declarations, areas
designated for Public Assistance, and
incident periods.
2. Cost Sharing or Matching
The maximum Federal share for all
grants awarded via this NAERF is 80
percent with the following exceptions:
1. The project is for the purposes of
complying with or maintaining
compliance with the Americans with
Disabilities Act of 1990 or the Clean Air
Act (49 U.S.C. 5323(i)).
a. Vehicles procured for such
purposes are eligible for a Federal share
of 85 percent.
b. Vehicle-related equipment and
facilities (or parts thereof) procured or
constructed for such purposes are
eligible for a Federal share of 90
percent.
2. The project is in response to or
recovery from a major declared disaster
in an insular area. Such projects are
eligible for a Federal share of 100
percent (48 U.S.C. 1469a).
3. The project is in response to or
recovery from the following major
declared disasters: Oklahoma Wildfires
(FEMA Disaster No. DR–4373),
California Wildfires (FEMA Disaster No.
DR–4382), or California Wildfires
(FEMA Disaster No. DR–4407). To be
consistent with the FEMA Public
Assistance special cost-sharing
arrangements authorized for these major
disaster declarations, debris removal,
emergency protective measures,
emergency repairs, and emergency
operations expenses are eligible for a
Federal share of 90 percent.
4. The project is in response to or
recovery from major declared disaster
Florida Hurricane Michael (FEMA
Disaster No. DR–4399). To be consistent
with the FEMA Public Assistance
special cost-sharing arrangements
authorized for this major disaster
declaration, debris removal, emergency
protective measures, emergency repairs,
and emergency operations:
a. Completed on or before November
24, 2018 are eligible for a Federal share
of 100 percent.
b. Completed on or after November
25, 2018 are eligible for a Federal share
of 90 percent.
5. In the event FEMA increases the
Public Assistance Federal share for any
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other major declared disasters occurring
in calendar year 2018, FTA will increase
the Federal share for Emergency Relief
grants so that it is consistent with
FEMA.
The non-Federal share of Emergency
Relief grants may be provided from an
undistributed cash surplus, a
replacement or depreciation cash fund
or reserve, or new capital. In addition,
recipients may utilize the following
provisions for complying with the nonFederal share requirement.
The Community Development Block
Grant (CDBG) program (42 U.S.C.
5305(a)(9)) provides that ‘‘payment of
the non-Federal share required in
connection with a Federal grant-in-aid
program undertaken as part of activities
assisted under [chapter 53 of title 42]’’
is an eligible activity. Since the CDBG
statute specifically states it is available
to fund the ‘‘non-Federal share’’ of other
Federal grant programs, if the activity is
eligible under the CDBG program, FTA
will accept CDBG funds as local match.
Recipients may also utilize
Transportation Development Credits
(TDCs), formerly known as Toll
Revenue Credits, in place of the nonFederal share. The use of TDCs must be
approved by the State, which must send
a letter to the FTA regional office
certifying the availability of sufficient
TDCs and approving their use prior to
submitting a grant application.
Recipients are advised that the use of
TDCs means that no local funds will be
required for projects in the grant, and
that the funds allocated by the FTA may
not alone be sufficient to fund the
entirety of the proposed Emergency
Relief projects. FTA may not allocate
additional Federal funds to recipients
that use TDCs in place of the nonFederal share, so sufficient alternative
funds may need to be located to fully
finance projects utilizing TDCs. FTA
will not approve a retroactive
application of TDCs. Recipients are
advised to contact the applicable FTA
regional office regarding any questions
about eligible sources of local matching
funds.
3. Eligible Projects
Eligible projects include public
transportation emergency operations,
emergency protective measures,
emergency repairs, and permanent
repairs. Recipients are strongly
encouraged to review FTA’s Emergency
Relief Manual, found at https://
www.transit.dot.gov/funding/grantprograms/emergency-relief-program/
emergency-relief-manual-referencemanual-states to assist in the
identification of potentially eligible
projects and emergency expenses.
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4. Transferring Unreimbursed Projects
From FEMA to FTA
2. Content and Form of GRANTS.GOV
Application Submission
FTA’s Emergency Relief Program
provides FTA with primary
responsibility for reimbursing public
transportation emergency response and
recovery costs after an emergency or
major disaster that affects public
transportation systems when
appropriations for FTA’s Emergency
Relief Program are available. Per the
March 2013 Memorandum of Agreement
between FTA and FEMA, entities
seeking funding for 2018 major declared
disaster-related public transportation
expenses from FEMA should transfer
funding requests for eligible expenses
that have not been disbursed or drawn
down to FTA via the grant application
process outlined in this NAERF. This
includes expenses that are in an
obligated but undisbursed FEMA Public
Assistance grant. Documentation
developed for the FEMA Public
Assistance program may be used to
satisfy applicable FTA grant application
requirements.
A complete proposal submission
consists of two forms and supporting
documentation. The two required forms
are: (1) The SF–424 Application for
Federal Assistance; and (2) the
supplemental form for the Public
Transportation Emergency Relief Funds
for Transit Systems Affected by Major
Declared Disasters Occurring in
Calendar Year 2018 Program. The
supplemental form and any supporting
documents must be attached to the
‘‘Attachments’’ section of the SF–424.
The application must include responses
to all sections of the SF–424
Application for Federal Assistance and
the supplemental form, unless indicated
as optional. The information on the
supplemental form will be used to
determine applicant and project
eligibility for the program. FTA
encourages applicants to demonstrate
the responsiveness of their application
with the most relevant information the
applicant can provide, regardless of
whether FTA has specifically requested
such information in this notice. If
information is copied into the
supplemental form from another source,
applicants should verify that pasted text
is fully captured on the supplemental
form and has not been truncated by the
character limits built into the form.
Applicants should use both the ‘‘Check
Package for Errors’’ and the ‘‘Validate
Form’’ validation buttons on both forms
to check all required fields on the forms,
and ensure that the Federal and local
amounts specified are consistent.
A list of projects must be included in
the submission to GRANTS.GOV that
identifies emergency operations,
emergency protective measures, and
emergency repairs completed as well as
permanent repairs needed to repair,
reconstruct or replace the seriously
damaged or destroyed rolling stock,
equipment, facilities, and infrastructure
to a state of good repair. FTA will then
assess the extent to which the
application addresses each of the three
criteria below.
D. Application and Submission
Information
The application process will occur in
two stages. First, applicants will submit
proposals requesting reimbursement of
eligible costs. Applications for funding
must be submitted between the date of
publication of this notice and January
17, 2020 through GRANTS.GOV.
Second, after the application period
closes, FTA will announce allocations
of funds on its website at
www.transit.dot.gov. Recipients with
allocations will then enter a grant
application in the FTA’s Transit Award
Management System (TrAMS).
1. Address To Request Application
Applications must be submitted
electronically through GRANTS.GOV.
General information for submitting
applications through GRANTS.GOV can
be found at www.fta.dot.gov/howtoapply
along with specific instructions for the
forms and attachments required for
submission. Mail and fax submissions
will not be accepted. The SF–424
Application for Federal Assistance is
available at GRANTS.GOV and the
supplemental form for Public
Transportation Emergency Relief Funds
for Transit Systems Affected by Major
Declared Disasters Occurring in
Calendar Year 2018 can be downloaded
from GRANTS.GOV or the FTA website
at https://www.transit.dot.gov/funding/
grant-programs/emergency-reliefprogram. Failure to submit the
information as requested may delay
review or disqualify the application.
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a. Documentation To Support
Emergency Operating Requests
Applications to GRANTS.GOV must
include the purpose of the emergency
public transportation service provided,
which may include: Evacuations; rescue
operations; moving rolling stock to
higher ground to protect it from storm
surges; additional bus or ferry service to
replace inoperable rail service or to
detour around damaged areas; returning
evacuees to their homes after the
disaster; and the net project costs
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related to reestablishing, expanding, or
relocating public transportation service
before, during, or after the disaster. The
application must include the dates,
hours, number and type of vehicles, and
information relating to fares received for
the emergency service. Only net project
costs may be reimbursed.
b. Documentation To Support Capital
Requests
Applications to GRANTS.GOV must
include copies of detailed damage
assessments to support the request for
assistance for capital projects. Some
applicants may have previously worked
with FTA or FEMA to develop damage
assessments which may be included in
the application. Typically, a damage
assessment involves on-the-ground
visits to the damage sites to verify the
extent of the damage and to estimate the
cost of repairs eligible for Emergency
Relief funding. The damage assessment
should document: (1) The specific
location, type of facility or equipment,
nature and extent of damage; (2) the
most feasible and practical method of
repair or replacement; and (3) the
estimated repair and replacement cost.
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c. Other Relevant Items
Applicants must provide supporting
documentation showing any other
sources of funding available to address
the damage resulting from a disaster,
including, but not limited to, insurance
policies and grant agreements with
FEMA. FTA will not fund activities for
which grant recipients have already
drawn down funds obligated by FEMA.
Any applicant to FTA’s Emergency
Relief Program that has also applied to
FEMA for emergency funding must
document the scope of any agreements
with FEMA, including amounts
obligated and drawn down, the dates for
which FEMA agreed to fund any
operating costs, and a list of any capital
projects included in the FEMA
application or equivalent document.
3. Unique Entity Identifier and System
for Award Management (SAM)
Each applicant is required to: (1) Be
registered in SAM before submitting an
application; (2) provide a valid unique
entity identifier in its application; and
(3) continue to maintain an active SAM
registration with current information at
all times during which the applicant has
an active Federal award or an
application or plan under consideration
by FTA. Registration in SAM may take
as little as 3–5 business days, but since
there could be unexpected steps or
delays (for example, if there is a need to
obtain an Employer Identification
Number), FTA recommends allowing
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ample time, up to several weeks, for
completion of all steps. For additional
information on obtaining a unique
entity identifier, please visit https://
www.sam.gov/SAM/.
4. Submission Dates and Times
Project proposals must be submitted
electronically through GRANTS.GOV by
11:59 p.m. Eastern time on January 17,
2020. GRANTS.GOV attaches a time
stamp to each application at the time of
submission. Proposals submitted after
the deadline will only be considered
under extraordinary circumstances not
under the applicant’s control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an
electronic application, the applicant
should receive two email messages from
GRANTS.GOV: (1) Confirmation of
successful transmission to
GRANTS.GOV, and (2) confirmation of
successful validation by GRANTS.GOV.
If confirmations of successful validation
are not received or a notice of failed
validation or incomplete materials is
received, the applicant must address the
reason for the failed validation, as
described in the email notice, and
resubmit before the submission
deadline. If making a resubmission for
any reason, include all original
attachments regardless of which
attachments were updated and check
the box on the supplemental form
indicating this is a resubmission.
FTA urges applicants to submit
applications at least 72 hours prior to
the due date to allow time to receive the
validation messages and to correct any
problems that may have caused a
rejection notification. GRANTS.GOV
scheduled maintenance and outage
times are announced on the
GRANTS.GOV website. Deadlines will
not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin
the process of registration on the
GRANTS.GOV site well in advance of
the submission deadline. Registration is
a multi-step process, which may take
several weeks to complete before an
application can be submitted. Registered
applicants may still be required to take
steps to keep their registration up to
date before submissions can be made
successfully: (1) Registration in the
System for Award Management (SAM)
is renewed annually, and (2) persons
making submissions on behalf of the
Authorized Organization Representative
(AOR) must be authorized in
GRANTS.GOV by the AOR to make
submissions.
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5. Funding Restrictions
FTA Emergency Relief Program funds
may not be used to reimburse project
costs for which a transit system has
received funding from payments from
insurance policies or from another
Federal agency, including FEMA. Please
see the FTA’s Emergency Relief Manual
for a complete list and description of
ineligible expenses.
6. Webinar
FTA will conduct a webinar that
includes an overview of the application
process for FTA recipients interested in
applying for FTA Emergency Relief
funds on a date to be determined. The
webinar will be announced on FTA’s
website and through an email
announcement to those who have
signed up at https://
public.govdelivery.com/accounts/
USDOTFTA/subscriber/new to receive
email updates from FTA regarding the
Emergency Relief Program.
E. Allocation Methodology
Of the $10,542,000 million
appropriated, three-quarters of 1
percent, or a total of $79,065 is set aside
for administrative expenses and ongoing
program management oversight
activities as authorized under the
Disaster Relief Act, leaving $10,462,935
available for allocation to eligible
recipients.
FTA will allocate funds on a noncompetitive basis. The FTA
Administrator will determine the final
allocation of funding for each applicant
after validating damage assessments and
cost estimates. FTA reserves the right to
request additional information prior to
making a determination as to Emergency
Relief funding eligibility of any
particular project. FTA may also seek
clarification from any applicant about
any statement in its proposal that FTA
finds ambiguous. FTA intends to
announce final allocations on the FTA
website.
F. Pre-Award Authority
Pre-award authority allows recipients
to incur certain project costs before
grant approval and retain the eligibility
of those costs for subsequent
reimbursement after grant approval. Preaward authority as it relates to the
Emergency Relief Program is described
in the Emergency Relief Program final
rule (49 CFR 602.11). In considering the
use of pre-award authority, recipients
should be aware of the following:
1. Pre-award authority is not a legal or
implied commitment that the subject
project will be approved for FTA
assistance or that FTA will obligate
Federal funds. Furthermore, it is not a
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legal or implied commitment that all
activities undertaken by the applicant
will be eligible for inclusion in the
project.
2. Except as waived pursuant to the
waiver process described in Section I.I.5
of this notice, all FTA statutory,
procedural, and contractual
requirements must be met.
3. The recipient must take no action
that prejudices the legal and
administrative findings that FTA must
make in order to approve a project.
4. The Federal amount of any future
FTA assistance awarded to the recipient
for the project will be determined on the
basis of the overall scope of activities
and the prevailing statutory provisions
with respect to the Federal/non-Federal
match ratio at the time the funds are
obligated.
5. When FTA subsequently awards a
grant for the project, the Federal
Financial Report in TrAMS indicates
the use of pre-award authority.
FTA grants pre-award authority to
affected recipients for response,
recovery, and rebuilding expenses
incurred as a result of major declared
disasters occurring in calendar year
2018. Pre-award authority applies to
expenses incurred in preparation for
such disasters when forecasts specific to
the disasters were available. Expenses
incurred for general disaster
preparedness are not eligible.
If a recipient intends to use pre-award
authority for recovery and rebuilding
expenses, FTA recommends the
recipient work with the appropriate
FTA regional office to verify that all of
the proposed costs are eligible under the
Emergency Relief Program in advance of
incurring any costs to the extent
practicable. FTA regional office contact
information can be found at https://
www.transit.dot.gov/about/regionaloffices/regional-offices.
G. Waiver of Remaining Useful Life
Requirement
FTA is implementing a blanket waiver
to relieve FTA recipients from its useful
life requirement with respect to assets
that were destroyed as a result of a
major declared disaster in calendar year
2018 and taken out of service before the
end of their useful life. Such assets are
presumed to have no remaining useful
life. As a result of this waiver, recipients
may apply for funds to replace assets
without regard to the Federal interest
remaining in the destroyed asset.
Although FTA has determined that
Federally-funded assets destroyed by
major declared disasters have no
remaining useful life, recipients may
have a financial obligation to FTA for
assets that have a fair market value
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(FMV) in excess of $5,000 at the time of
disposition. For disposition
requirements, please see FTA Circular
5010.1E, ‘‘Award Management
Requirements,’’ Chapter IV, subsection
4.
H. Treatment of Insurance Proceeds
As described in the Emergency Relief
Program Manual, and consistent with
the Emergency Relief Program final rule
(49 CFR part 602) and FTA Circular
5010.1E: ‘‘Award Management
Requirements’’, if a recipient receives or
allocates insurance proceeds to a cost
for which FTA either allocated or
awarded Emergency Relief Program
funds, the recipient will be required to
amend the grant to reflect a reduced
Federal amount, and will be required to
reimburse FTA for any FTA payments
(drawdown of funds) in excess of the
new Federal amount. FTA will
deobligate any excess or unliquidated
funds from the grant. FTA may
subsequently reallocate these funds
through the Emergency Relief Program
for other eligible projects.
In the event a recipient receives
insurance proceeds for an asset and
decides not to replace that asset, the
waiver of useful life described in
Section I.G does not apply, and the
recipient must reimburse FTA the
remaining Federal interest in that asset
in accordance with FTA Circular
5010.1E.
I. Emergency Relief From FTA
Regulatory Requirements
Certain FTA regulatory requirements
are waived during and after major
declared disasters.
66275
incident resulting in a Presidential
disaster or emergency declaration are
categorical exclusions and normally do
not require any further NEPA approvals
by FTA (23 CFR 771.118(c)(11)). These
actions include:
a. Emergency repairs performed under
FTA’s Emergency Relief Program (49
U.S.C. 5324).
b. The repair, reconstruction,
restoration, retrofitting, or replacement
of any road, highway, bridge, tunnel, or
transit facility (such as a ferry dock or
bus transfer station), including ancillary
transportation facilities (such as
pedestrian/bicycle paths and bike
lanes), that is in operation or under
construction when damaged and the
action occurs within the existing rightof-way and in a manner that
substantially conforms to the
preexisting design, function, and
location as the original (which may
include upgrades to meet existing codes
and standards as well as upgrades
warranted to address conditions that
have changed since the original
construction).
3. Planning
In accordance with the planning
regulation (23 CFR part 450), emergency
relief projects that do not involve
substantial functional, locational, or
capacity changes are not required to be
in the Transportation Improvement
Program (TIP) or Statewide
Transportation Improvement Program
(STIP).
1. Charter
Transit agencies may take actions,
such as providing service for
evacuations, returning evacuees from
shelters to their homes, transporting
utility workers, and providing service to
shelter residents, as long as these
actions are directly related to a
declaration of emergency by the
President, governor, or mayor, without
triggering the charter rule. Transit
agencies may provide such services for
up to 45 days from the declaration of
emergency.
If transit agencies need to provide the
type of emergency transportation
services described above past those
dates, they must follow the procedures
described in Section I.I.5 below.
4. Procurement
Generally, procurement of goods and
services by transit agencies must be
completed via a competitive
procurement. However, Federal
regulations (2 CFR 200.320) permit sole
source contracting when the public
exigency or emergency for the
requirement will not permit a delay
resulting from competitive solicitation;
or the federal awarding agency
expressly authorizes noncompetitive
proposals in response to a written
request from the transit agency.
The recipient must document its sole
source justification in writing at the
time of the procurement. FTA
encourages grant recipients considering
a sole source based on exigency or
emergency to contact their FTA regional
office for technical assistance and/or
express authorization of a
noncompetitive proposal.
2. The National Environment Policy Act
(NEPA)
FTA has determined that certain
activities related to repairing
transportation facilities damaged by an
5. Waiver Process
Recipients may request waivers of
FTA administrative requirements by
submitting a request to
www.regulations.gov, FTA docket
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices
number FTA–2019–0001, as described
in the Emergency Relief Program final
rule (49 CFR 602.15), however,
recipients should not proceed with a
project with the expectation that
waivers will be provided. It is
recommended that recipients discuss
waiver requests with their FTA regional
office prior to submission to the docket.
II. Federal Award Administration
A. TrAMS Grant Application
Once FTA allocates Emergency Relief
funds to a recipient, the recipient will
be required to submit a grant
application electronically via FTA’s
TrAMS system.
FTA will assign distinct project
identification numbers for recovery/
rebuilding projects.
Recipients are required to maintain
records, including but not limited to all
invoices, contracts, time sheets, and
other evidence of expenses to assist FTA
in validating the eligibility and
completeness of a recipient’s
reimbursement requests under the
Improper Payment Information Act.
Upon application, the eligible
recipient should provide the
information outlined in the Emergency
Relief final rule (49 CFR 602.17). For
grant applications for reimbursement for
emergency operations costs, applicants
should include summary information as
described in the final rule (dates, hours,
number of vehicles, and total fare
revenues, if any, received for the
emergency service), as well as cost and
a description of services in sufficient
detail for FTA to identify the costs as
reasonable and eligible under the
Emergency Relief Program. Back-up or
supporting documentation may be
requested upon FTA’s review of the
application or at a later date. Any costs
determined to be ineligible after
disbursement of funds must be refunded
to the FTA.
lotter on DSKBCFDHB2PROD with NOTICES
B. Payment
Upon award, payments to recipients
will be made by electronic transfer to
the recipient’s financial institution
through the FTA’s Electronic Clearing
House Operation (ECHO) system.
C. Grant Requirements
Emergency Relief funds may only be
used for eligible purposes as defined in
Federal public transportation law (49
U.S.C. 5324) and as described in the
Emergency Relief Program final rule (49
CFR part 602) and this notice.
Additional grant requirement
information can be found in FTA’s
Emergency Relief Manual.
Recipients of Emergency Relief funds
must comply with all applicable Federal
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18:27 Dec 02, 2019
Jkt 250001
requirements, including FTA’s Master
Agreement. Each grant for Emergency
Relief funds will include special grant
conditions, including but not limited to,
application of insurance proceeds,
application of any FEMA funds
received, and Federal share. These
special conditions will be incorporated
into the grant agreement for all
Emergency Relief funds obligated for
2018 disaster response and recovery.
D. Reporting
Post-award reporting requirements
include submission of the Federal
Financial Reports (FFRs) and Milestone
Progress Reports (MPRs) in TrAMS
consistent with the FTA’s grants
management Circular 5010.1E.
E. Oversight and Audits
FTA will provide oversight of grants
funded through the Emergency Relief
Program using its standard oversight
programs, including Triennial Reviews
and State Management Reviews. FTA
may assign program level reviews such
as Procurement System Reviews or
Financial Management Oversight
reviews. FTA will monitor the use of
insurance proceeds to ensure the
recipient meets program requirements.
FTA may undertake other reviews of
projects, such as Technical Capacity and
Capability Assessments; Risk
Assessments; Cost, Schedule, and Scope
Reviews; and other reviews FTA
determines are necessary.
F. Federal Awarding Agency Contact
For program-specific questions about
applying for the funds through
GRANTS.GOV as outlined in this
notice, please contact Thomas Wilson,
Office of Program Management, 1200
New Jersey Ave. SE, Washington, DC
20590, phone: (202) 366–5279, or email,
Thomas.Wilson@dot.gov. For legal
questions, contact Bonnie Graves, Office
of Chief Counsel, 90 Seventh St., Ste
15–300, San Francisco, CA 94103,
phone: (202) 366–0944, or email,
Bonnie.Graves@dot.gov.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2019–26068 Filed 12–2–19; 8:45 am]
BILLING CODE P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0071; Notice 1]
Toyota Motor North America, Inc.,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Toyota Motor North America,
Inc., (Toyota) has determined that
certain model year (MY) 2013–2019
Toyota RAV4 and MY 2014–2019
Toyota Highlander motor vehicles do
not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
302, Flammability of Interior Materials.
Toyota filed a noncompliance report
dated June 19, 2019. Toyota
subsequently petitioned NHTSA on July
12, 2019, and later amended that
petition on August 13, 2019, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of Toyota’s petition.
DATES: Send comments on or before
January 2, 2020.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and may be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except for Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
• Comments may also be faxed to
(202) 493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66271-66276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26068]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Public Transportation Emergency Relief Funds for Transit Systems
Affected by Major Declared Disasters Occurring in Calendar Year 2018
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Emergency Relief Funding (NAERF).
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $10,462,935 in non-competitive grants under
the Public
[[Page 66272]]
Transportation Emergency Relief Program (Emergency Relief Program) to
States, Territories, local governmental authorities, Indian tribes, and
other FTA recipients affected by major declared disasters occurring in
calendar year 2018. Projects may include costs for disaster response,
recovery, and rebuilding activities. FTA will distribute these funds in
a manner consistent with the eligibility requirements of this program
on a non-competitive basis, subject to the priorities set forth below.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on January 17,
2020. Prospective applicants should initiate the process by registering
on the GRANTS.GOV website promptly to ensure completion of the
application process before the submission deadline. Instructions for
applying can be found on FTA's website at https://transit.dot.gov/howtoapply and in the ``FIND'' module of GRANTS.GOV. The funding
opportunity ID is FTA-2020-002-TPM-ER. Mail and fax submissions will
not be accepted.
FOR FURTHER INFORMATION CONTACT: For program-specific questions about
applying for the funds through GRANTS.GOV as outlined in this notice,
please contact Thomas Wilson, Office of Program Management, 1200 New
Jersey Ave SE, Washington, DC 20590, phone: (202) 366-5279, or email,
[email protected]. For legal questions, contact Bonnie Graves,
Office of Chief Counsel, 90 Seventh St., Ste 15-300, San Francisco, CA
94103, phone: (202) 366-0944, or email, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Considerations for Recipients of Emergency Relief Funds
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Allocation Methodology
F. Pre-Award Authority
G. Waiver of Remaining Useful Life Requirement
H. Treatment of Insurance Proceeds
I. Emergency Relief from FTA Regulatory Requirements
II. Federal Award Administration
A. TrAMS Grant Application
B. Payment
C. Grant Requirements
D. Reporting
E. Oversight and Audits
F. Federal Awarding Agency Contact
A. Program Description
Extreme weather and other destructive events occurring during
calendar year 2018 resulted in 62 major disasters across the United
States. Transit systems in some of the disaster-affected areas provided
emergency transportation services or sustained damage to capital
assets.
FTA's Emergency Relief Program provides FTA with primary
responsibility for reimbursing public transportation emergency response
and recovery costs after an emergency or major disaster that affects
public transportation systems. As such, public transportation agencies,
States, Territories, local governmental authorities, Indian tribes, and
other FTA grant recipients that provide or fund public transportation
service in the affected areas are eligible for Emergency Relief funding
under the program. FTA will allocate funds consistent with the
requirements of the final rule for the Emergency Relief Program (49 CFR
part 602), published in the Federal Register on October 7, 2014.
B. Federal Award Information
The Additional Supplemental Appropriations for Disaster Relief Act
of 2019 (Disaster Relief Act) (Pub. L. 116-20), signed into law on June
6, 2019, appropriated $10,542,000 for FTA's Emergency Relief Program
(49 U.S.C. 5324) for transit systems affected by major declared
disasters occurring in calendar year 2018.
Of the $10,542,000 million appropriated, three-quarters of 1
percent, or a total of $79,065 is set aside for administrative expenses
and ongoing program management oversight activities as authorized under
the Disaster Relief Act, leaving $10,462,935 available for allocation
to eligible recipients.
C. Eligibility Information
1. Eligible Applicants
Public transportation agencies, States, Territories, local
governmental authorities, Indian tribes, and other FTA grant recipients
that provide or fund public transportation service are eligible for
Emergency Relief funding under the program. To be considered eligible
to apply for the funding described in this NAERF, such entities must
provide or fund public transportation services in counties designated
as eligible for any category of Federal Emergency Management Agency
(FEMA) Public Assistance for a major declared disaster with an incident
period partially or entirely occurring within calendar year 2018.
Entities that generally receive transit funding directly from FTA may
apply for these funds according to the instructions in this NAERF.
Public transit systems that are not FTA direct recipients (i.e., are
subrecipients) but have incurred eligible expenses may receive
Emergency Relief funding through a pass-through entity, such as a State
or designated recipient. Please see www.fema.gov/disasters for a list
of major disaster declarations, areas designated for Public Assistance,
and incident periods.
2. Cost Sharing or Matching
The maximum Federal share for all grants awarded via this NAERF is
80 percent with the following exceptions:
1. The project is for the purposes of complying with or maintaining
compliance with the Americans with Disabilities Act of 1990 or the
Clean Air Act (49 U.S.C. 5323(i)).
a. Vehicles procured for such purposes are eligible for a Federal
share of 85 percent.
b. Vehicle-related equipment and facilities (or parts thereof)
procured or constructed for such purposes are eligible for a Federal
share of 90 percent.
2. The project is in response to or recovery from a major declared
disaster in an insular area. Such projects are eligible for a Federal
share of 100 percent (48 U.S.C. 1469a).
3. The project is in response to or recovery from the following
major declared disasters: Oklahoma Wildfires (FEMA Disaster No. DR-
4373), California Wildfires (FEMA Disaster No. DR-4382), or California
Wildfires (FEMA Disaster No. DR-4407). To be consistent with the FEMA
Public Assistance special cost-sharing arrangements authorized for
these major disaster declarations, debris removal, emergency protective
measures, emergency repairs, and emergency operations expenses are
eligible for a Federal share of 90 percent.
4. The project is in response to or recovery from major declared
disaster Florida Hurricane Michael (FEMA Disaster No. DR-4399). To be
consistent with the FEMA Public Assistance special cost-sharing
arrangements authorized for this major disaster declaration, debris
removal, emergency protective measures, emergency repairs, and
emergency operations:
a. Completed on or before November 24, 2018 are eligible for a
Federal share of 100 percent.
b. Completed on or after November 25, 2018 are eligible for a
Federal share of 90 percent.
5. In the event FEMA increases the Public Assistance Federal share
for any
[[Page 66273]]
other major declared disasters occurring in calendar year 2018, FTA
will increase the Federal share for Emergency Relief grants so that it
is consistent with FEMA.
The non-Federal share of Emergency Relief grants may be provided
from an undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital. In addition, recipients may utilize
the following provisions for complying with the non-Federal share
requirement.
The Community Development Block Grant (CDBG) program (42 U.S.C.
5305(a)(9)) provides that ``payment of the non-Federal share required
in connection with a Federal grant-in-aid program undertaken as part of
activities assisted under [chapter 53 of title 42]'' is an eligible
activity. Since the CDBG statute specifically states it is available to
fund the ``non-Federal share'' of other Federal grant programs, if the
activity is eligible under the CDBG program, FTA will accept CDBG funds
as local match.
Recipients may also utilize Transportation Development Credits
(TDCs), formerly known as Toll Revenue Credits, in place of the non-
Federal share. The use of TDCs must be approved by the State, which
must send a letter to the FTA regional office certifying the
availability of sufficient TDCs and approving their use prior to
submitting a grant application. Recipients are advised that the use of
TDCs means that no local funds will be required for projects in the
grant, and that the funds allocated by the FTA may not alone be
sufficient to fund the entirety of the proposed Emergency Relief
projects. FTA may not allocate additional Federal funds to recipients
that use TDCs in place of the non-Federal share, so sufficient
alternative funds may need to be located to fully finance projects
utilizing TDCs. FTA will not approve a retroactive application of TDCs.
Recipients are advised to contact the applicable FTA regional office
regarding any questions about eligible sources of local matching funds.
3. Eligible Projects
Eligible projects include public transportation emergency
operations, emergency protective measures, emergency repairs, and
permanent repairs. Recipients are strongly encouraged to review FTA's
Emergency Relief Manual, found at https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program/emergency-relief-manual-reference-manual-states to assist in the identification of potentially
eligible projects and emergency expenses.
4. Transferring Unreimbursed Projects From FEMA to FTA
FTA's Emergency Relief Program provides FTA with primary
responsibility for reimbursing public transportation emergency response
and recovery costs after an emergency or major disaster that affects
public transportation systems when appropriations for FTA's Emergency
Relief Program are available. Per the March 2013 Memorandum of
Agreement between FTA and FEMA, entities seeking funding for 2018 major
declared disaster-related public transportation expenses from FEMA
should transfer funding requests for eligible expenses that have not
been disbursed or drawn down to FTA via the grant application process
outlined in this NAERF. This includes expenses that are in an obligated
but undisbursed FEMA Public Assistance grant. Documentation developed
for the FEMA Public Assistance program may be used to satisfy
applicable FTA grant application requirements.
D. Application and Submission Information
The application process will occur in two stages. First, applicants
will submit proposals requesting reimbursement of eligible costs.
Applications for funding must be submitted between the date of
publication of this notice and January 17, 2020 through GRANTS.GOV.
Second, after the application period closes, FTA will announce
allocations of funds on its website at www.transit.dot.gov. Recipients
with allocations will then enter a grant application in the FTA's
Transit Award Management System (TrAMS).
1. Address To Request Application
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at www.fta.dot.gov/howtoapply along with specific instructions
for the forms and attachments required for submission. Mail and fax
submissions will not be accepted. The SF-424 Application for Federal
Assistance is available at GRANTS.GOV and the supplemental form for
Public Transportation Emergency Relief Funds for Transit Systems
Affected by Major Declared Disasters Occurring in Calendar Year 2018
can be downloaded from GRANTS.GOV or the FTA website at https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program.
Failure to submit the information as requested may delay review or
disqualify the application.
2. Content and Form of GRANTS.GOV Application Submission
A complete proposal submission consists of two forms and supporting
documentation. The two required forms are: (1) The SF-424 Application
for Federal Assistance; and (2) the supplemental form for the Public
Transportation Emergency Relief Funds for Transit Systems Affected by
Major Declared Disasters Occurring in Calendar Year 2018 Program. The
supplemental form and any supporting documents must be attached to the
``Attachments'' section of the SF-424. The application must include
responses to all sections of the SF-424 Application for Federal
Assistance and the supplemental form, unless indicated as optional. The
information on the supplemental form will be used to determine
applicant and project eligibility for the program. FTA encourages
applicants to demonstrate the responsiveness of their application with
the most relevant information the applicant can provide, regardless of
whether FTA has specifically requested such information in this notice.
If information is copied into the supplemental form from another
source, applicants should verify that pasted text is fully captured on
the supplemental form and has not been truncated by the character
limits built into the form. Applicants should use both the ``Check
Package for Errors'' and the ``Validate Form'' validation buttons on
both forms to check all required fields on the forms, and ensure that
the Federal and local amounts specified are consistent.
A list of projects must be included in the submission to GRANTS.GOV
that identifies emergency operations, emergency protective measures,
and emergency repairs completed as well as permanent repairs needed to
repair, reconstruct or replace the seriously damaged or destroyed
rolling stock, equipment, facilities, and infrastructure to a state of
good repair. FTA will then assess the extent to which the application
addresses each of the three criteria below.
a. Documentation To Support Emergency Operating Requests
Applications to GRANTS.GOV must include the purpose of the
emergency public transportation service provided, which may include:
Evacuations; rescue operations; moving rolling stock to higher ground
to protect it from storm surges; additional bus or ferry service to
replace inoperable rail service or to detour around damaged areas;
returning evacuees to their homes after the disaster; and the net
project costs
[[Page 66274]]
related to reestablishing, expanding, or relocating public
transportation service before, during, or after the disaster. The
application must include the dates, hours, number and type of vehicles,
and information relating to fares received for the emergency service.
Only net project costs may be reimbursed.
b. Documentation To Support Capital Requests
Applications to GRANTS.GOV must include copies of detailed damage
assessments to support the request for assistance for capital projects.
Some applicants may have previously worked with FTA or FEMA to develop
damage assessments which may be included in the application. Typically,
a damage assessment involves on-the-ground visits to the damage sites
to verify the extent of the damage and to estimate the cost of repairs
eligible for Emergency Relief funding. The damage assessment should
document: (1) The specific location, type of facility or equipment,
nature and extent of damage; (2) the most feasible and practical method
of repair or replacement; and (3) the estimated repair and replacement
cost.
c. Other Relevant Items
Applicants must provide supporting documentation showing any other
sources of funding available to address the damage resulting from a
disaster, including, but not limited to, insurance policies and grant
agreements with FEMA. FTA will not fund activities for which grant
recipients have already drawn down funds obligated by FEMA. Any
applicant to FTA's Emergency Relief Program that has also applied to
FEMA for emergency funding must document the scope of any agreements
with FEMA, including amounts obligated and drawn down, the dates for
which FEMA agreed to fund any operating costs, and a list of any
capital projects included in the FEMA application or equivalent
document.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. Registration in SAM may take as little as 3-5
business days, but since there could be unexpected steps or delays (for
example, if there is a need to obtain an Employer Identification
Number), FTA recommends allowing ample time, up to several weeks, for
completion of all steps. For additional information on obtaining a
unique entity identifier, please visit https://www.sam.gov/SAM/.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern time on January 17, 2020. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive two email messages from GRANTS.GOV: (1)
Confirmation of successful transmission to GRANTS.GOV, and (2)
confirmation of successful validation by GRANTS.GOV. If confirmations
of successful validation are not received or a notice of failed
validation or incomplete materials is received, the applicant must
address the reason for the failed validation, as described in the email
notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
FTA urges applicants to submit applications at least 72 hours prior
to the due date to allow time to receive the validation messages and to
correct any problems that may have caused a rejection notification.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV website. Deadlines will not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) Registration in
the System for Award Management (SAM) is renewed annually, and (2)
persons making submissions on behalf of the Authorized Organization
Representative (AOR) must be authorized in GRANTS.GOV by the AOR to
make submissions.
5. Funding Restrictions
FTA Emergency Relief Program funds may not be used to reimburse
project costs for which a transit system has received funding from
payments from insurance policies or from another Federal agency,
including FEMA. Please see the FTA's Emergency Relief Manual for a
complete list and description of ineligible expenses.
6. Webinar
FTA will conduct a webinar that includes an overview of the
application process for FTA recipients interested in applying for FTA
Emergency Relief funds on a date to be determined. The webinar will be
announced on FTA's website and through an email announcement to those
who have signed up at https://public.govdelivery.com/accounts/USDOTFTA/subscriber/new to receive email updates from FTA regarding the
Emergency Relief Program.
E. Allocation Methodology
Of the $10,542,000 million appropriated, three-quarters of 1
percent, or a total of $79,065 is set aside for administrative expenses
and ongoing program management oversight activities as authorized under
the Disaster Relief Act, leaving $10,462,935 available for allocation
to eligible recipients.
FTA will allocate funds on a non-competitive basis. The FTA
Administrator will determine the final allocation of funding for each
applicant after validating damage assessments and cost estimates. FTA
reserves the right to request additional information prior to making a
determination as to Emergency Relief funding eligibility of any
particular project. FTA may also seek clarification from any applicant
about any statement in its proposal that FTA finds ambiguous. FTA
intends to announce final allocations on the FTA website.
F. Pre-Award Authority
Pre-award authority allows recipients to incur certain project
costs before grant approval and retain the eligibility of those costs
for subsequent reimbursement after grant approval. Pre-award authority
as it relates to the Emergency Relief Program is described in the
Emergency Relief Program final rule (49 CFR 602.11). In considering the
use of pre-award authority, recipients should be aware of the
following:
1. Pre-award authority is not a legal or implied commitment that
the subject project will be approved for FTA assistance or that FTA
will obligate Federal funds. Furthermore, it is not a
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legal or implied commitment that all activities undertaken by the
applicant will be eligible for inclusion in the project.
2. Except as waived pursuant to the waiver process described in
Section I.I.5 of this notice, all FTA statutory, procedural, and
contractual requirements must be met.
3. The recipient must take no action that prejudices the legal and
administrative findings that FTA must make in order to approve a
project.
4. The Federal amount of any future FTA assistance awarded to the
recipient for the project will be determined on the basis of the
overall scope of activities and the prevailing statutory provisions
with respect to the Federal/non-Federal match ratio at the time the
funds are obligated.
5. When FTA subsequently awards a grant for the project, the
Federal Financial Report in TrAMS indicates the use of pre-award
authority.
FTA grants pre-award authority to affected recipients for response,
recovery, and rebuilding expenses incurred as a result of major
declared disasters occurring in calendar year 2018. Pre-award authority
applies to expenses incurred in preparation for such disasters when
forecasts specific to the disasters were available. Expenses incurred
for general disaster preparedness are not eligible.
If a recipient intends to use pre-award authority for recovery and
rebuilding expenses, FTA recommends the recipient work with the
appropriate FTA regional office to verify that all of the proposed
costs are eligible under the Emergency Relief Program in advance of
incurring any costs to the extent practicable. FTA regional office
contact information can be found at https://www.transit.dot.gov/about/regional-offices/regional-offices.
G. Waiver of Remaining Useful Life Requirement
FTA is implementing a blanket waiver to relieve FTA recipients from
its useful life requirement with respect to assets that were destroyed
as a result of a major declared disaster in calendar year 2018 and
taken out of service before the end of their useful life. Such assets
are presumed to have no remaining useful life. As a result of this
waiver, recipients may apply for funds to replace assets without regard
to the Federal interest remaining in the destroyed asset.
Although FTA has determined that Federally-funded assets destroyed
by major declared disasters have no remaining useful life, recipients
may have a financial obligation to FTA for assets that have a fair
market value (FMV) in excess of $5,000 at the time of disposition. For
disposition requirements, please see FTA Circular 5010.1E, ``Award
Management Requirements,'' Chapter IV, subsection 4.
H. Treatment of Insurance Proceeds
As described in the Emergency Relief Program Manual, and consistent
with the Emergency Relief Program final rule (49 CFR part 602) and FTA
Circular 5010.1E: ``Award Management Requirements'', if a recipient
receives or allocates insurance proceeds to a cost for which FTA either
allocated or awarded Emergency Relief Program funds, the recipient will
be required to amend the grant to reflect a reduced Federal amount, and
will be required to reimburse FTA for any FTA payments (drawdown of
funds) in excess of the new Federal amount. FTA will deobligate any
excess or unliquidated funds from the grant. FTA may subsequently
reallocate these funds through the Emergency Relief Program for other
eligible projects.
In the event a recipient receives insurance proceeds for an asset
and decides not to replace that asset, the waiver of useful life
described in Section I.G does not apply, and the recipient must
reimburse FTA the remaining Federal interest in that asset in
accordance with FTA Circular 5010.1E.
I. Emergency Relief From FTA Regulatory Requirements
Certain FTA regulatory requirements are waived during and after
major declared disasters.
1. Charter
Transit agencies may take actions, such as providing service for
evacuations, returning evacuees from shelters to their homes,
transporting utility workers, and providing service to shelter
residents, as long as these actions are directly related to a
declaration of emergency by the President, governor, or mayor, without
triggering the charter rule. Transit agencies may provide such services
for up to 45 days from the declaration of emergency.
If transit agencies need to provide the type of emergency
transportation services described above past those dates, they must
follow the procedures described in Section I.I.5 below.
2. The National Environment Policy Act (NEPA)
FTA has determined that certain activities related to repairing
transportation facilities damaged by an incident resulting in a
Presidential disaster or emergency declaration are categorical
exclusions and normally do not require any further NEPA approvals by
FTA (23 CFR 771.118(c)(11)). These actions include:
a. Emergency repairs performed under FTA's Emergency Relief Program
(49 U.S.C. 5324).
b. The repair, reconstruction, restoration, retrofitting, or
replacement of any road, highway, bridge, tunnel, or transit facility
(such as a ferry dock or bus transfer station), including ancillary
transportation facilities (such as pedestrian/bicycle paths and bike
lanes), that is in operation or under construction when damaged and the
action occurs within the existing right-of-way and in a manner that
substantially conforms to the preexisting design, function, and
location as the original (which may include upgrades to meet existing
codes and standards as well as upgrades warranted to address conditions
that have changed since the original construction).
3. Planning
In accordance with the planning regulation (23 CFR part 450),
emergency relief projects that do not involve substantial functional,
locational, or capacity changes are not required to be in the
Transportation Improvement Program (TIP) or Statewide Transportation
Improvement Program (STIP).
4. Procurement
Generally, procurement of goods and services by transit agencies
must be completed via a competitive procurement. However, Federal
regulations (2 CFR 200.320) permit sole source contracting when the
public exigency or emergency for the requirement will not permit a
delay resulting from competitive solicitation; or the federal awarding
agency expressly authorizes noncompetitive proposals in response to a
written request from the transit agency.
The recipient must document its sole source justification in
writing at the time of the procurement. FTA encourages grant recipients
considering a sole source based on exigency or emergency to contact
their FTA regional office for technical assistance and/or express
authorization of a noncompetitive proposal.
5. Waiver Process
Recipients may request waivers of FTA administrative requirements
by submitting a request to www.regulations.gov, FTA docket
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number FTA-2019-0001, as described in the Emergency Relief Program
final rule (49 CFR 602.15), however, recipients should not proceed with
a project with the expectation that waivers will be provided. It is
recommended that recipients discuss waiver requests with their FTA
regional office prior to submission to the docket.
II. Federal Award Administration
A. TrAMS Grant Application
Once FTA allocates Emergency Relief funds to a recipient, the
recipient will be required to submit a grant application electronically
via FTA's TrAMS system.
FTA will assign distinct project identification numbers for
recovery/rebuilding projects.
Recipients are required to maintain records, including but not
limited to all invoices, contracts, time sheets, and other evidence of
expenses to assist FTA in validating the eligibility and completeness
of a recipient's reimbursement requests under the Improper Payment
Information Act.
Upon application, the eligible recipient should provide the
information outlined in the Emergency Relief final rule (49 CFR
602.17). For grant applications for reimbursement for emergency
operations costs, applicants should include summary information as
described in the final rule (dates, hours, number of vehicles, and
total fare revenues, if any, received for the emergency service), as
well as cost and a description of services in sufficient detail for FTA
to identify the costs as reasonable and eligible under the Emergency
Relief Program. Back-up or supporting documentation may be requested
upon FTA's review of the application or at a later date. Any costs
determined to be ineligible after disbursement of funds must be
refunded to the FTA.
B. Payment
Upon award, payments to recipients will be made by electronic
transfer to the recipient's financial institution through the FTA's
Electronic Clearing House Operation (ECHO) system.
C. Grant Requirements
Emergency Relief funds may only be used for eligible purposes as
defined in Federal public transportation law (49 U.S.C. 5324) and as
described in the Emergency Relief Program final rule (49 CFR part 602)
and this notice. Additional grant requirement information can be found
in FTA's Emergency Relief Manual.
Recipients of Emergency Relief funds must comply with all
applicable Federal requirements, including FTA's Master Agreement. Each
grant for Emergency Relief funds will include special grant conditions,
including but not limited to, application of insurance proceeds,
application of any FEMA funds received, and Federal share. These
special conditions will be incorporated into the grant agreement for
all Emergency Relief funds obligated for 2018 disaster response and
recovery.
D. Reporting
Post-award reporting requirements include submission of the Federal
Financial Reports (FFRs) and Milestone Progress Reports (MPRs) in TrAMS
consistent with the FTA's grants management Circular 5010.1E.
E. Oversight and Audits
FTA will provide oversight of grants funded through the Emergency
Relief Program using its standard oversight programs, including
Triennial Reviews and State Management Reviews. FTA may assign program
level reviews such as Procurement System Reviews or Financial
Management Oversight reviews. FTA will monitor the use of insurance
proceeds to ensure the recipient meets program requirements. FTA may
undertake other reviews of projects, such as Technical Capacity and
Capability Assessments; Risk Assessments; Cost, Schedule, and Scope
Reviews; and other reviews FTA determines are necessary.
F. Federal Awarding Agency Contact
For program-specific questions about applying for the funds through
GRANTS.GOV as outlined in this notice, please contact Thomas Wilson,
Office of Program Management, 1200 New Jersey Ave. SE, Washington, DC
20590, phone: (202) 366-5279, or email, [email protected]. For
legal questions, contact Bonnie Graves, Office of Chief Counsel, 90
Seventh St., Ste 15-300, San Francisco, CA 94103, phone: (202) 366-
0944, or email, [email protected].
K. Jane Williams,
Acting Administrator.
[FR Doc. 2019-26068 Filed 12-2-19; 8:45 am]
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