FTA Fiscal Year 2006 Apportionments and Allocations Notice

Number 70 FR 75647
12-20-05

Note:  The apportionments and allocations in this Notice are subject to a 1% rescission in the FY 2006 Defense Appropriations Act. Please see the Federal Register Notice of February 3, 2006 for revised apportionments and allocations reflecting the rescission and other changes.

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Department of Transportation

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Federal Transit Administration

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FTA Fiscal Year 2006 Apportionments and Allocations; Notice

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

FTA Fiscal Year 2006 Apportionments and Allocations

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: The ``Transportation, Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006'' (Pub. L. 109-115), signed into law by
President Bush on November 30, 2005, appropriates funds for all of the
surface transportation programs of the Department of Transportation for
the fiscal year ending September 30, 2006. This notice provides
information on the FY 2006 transit appropriations for the FTA
assistance programs, and apportions and allocates FY 2006 funds. The
Notice also makes corrections to information in the SAFETEA-LU
implementation Notice published in the Federal Register on November 30,
2005.

FOR FURTHER INFORMATION CONTACT: For general information about this
notice contact Mary Martha Churchman, Director, Office of Transit
Programs, (202) 366-2053. Please contact the appropriate FTA regional
office for any specific requests for information or technical
assistance. The Appendix at the end of this notice includes contact
information for FTA regional offices.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview
II. FY 2006 Funding for FTA Programs
    A. Funding Based on FY 2006 Appropriations Act
    B. Apportionments and Allocations
III. Specific Directions and Instructions in the 2006 Appropriations
Act
IV. Corrections
Tables
    1. SAFETEA-LU Authorized Programs and Funding Levels
    2. FY 2006 Appropriations and Apportionments for Grant Programs
    3. FY 2006 Metropolitan Transportation Planning Program and
Statewide Transportation Planning Program Apportionments
    4. FY 2006 Section 5307 and Section 5340 Urbanized Area
Apportionments
    5. FY 2006 Section 5307 Apportionment Formula
    6. FY 2006 Formula Programs Apportionment Data Unit Values
    7. Urbanized Areas 200,000 or More in Population Eligible To Use
Section 5307 Funds for Operating Assistance
    8. FY 2006 Clean Fuels Program Allocations
    9. FY 2006 Section 5309 Fixed Guideway Modernization
Apportionments
    10. FY 2006 Fixed Guideway Modernization Program Apportionment
Formula
    11. FY 2006 Bus and Bus Facility Program Allocations
    12. FY 2006 New Starts Program Allocations
    13. FY 2006 Section 5310 Special Needs for Elderly Individuals
and Individuals With Disabilities Apportionments
    14. FY 2006 Section 5311 and Section 5340 Nonurbanized
Apportionments and Section 5311(b)(3) Rural Transit Assistance
Program (RTAP) Apportionments
    15. FY 2006 National Research Program Allocations
    16. FY 2006 Job Access and Reverse Commute Program
Apportionments
    17. FY 2006 New Freedom Program Apportionments
    18. FY 2006 Alternative Analysis Allocations
    19. Extended Earmarks for Bus and Bus Facility and New Starts
Programs
Appendix

I. Overview

    This document apportions or allocates annual appropriations among
potential program recipients. In addition, the document contains
specific instructions or guidance for FTA programs and funding, in the
``Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006'' (Pub. L. 109-115, November 30, 2005;
hereafter called the 2006 Appropriations Act).
    On November 30, 2005, the FTA Notice entitled ``FTA Transit Program
Changes, Authorized Funding Levels and Implementation of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users'' was published in the Federal Register. That Notice contains
information about FTA program guidance, requirements, period of
availability, and other important information for FY 2006, and should
be used together with this document. It can be found on the FTA Web
site at this location, and is also available
for public comment on the DOT Docket Web site: http://regulations.gov
identified by DOT DMS Docket Number FTA-2005-23089.  Two
corrections to the November 30 Notice are included in this Notice.

II. FY 2006 Funding for FTA Programs

    The three major FTA program areas included in the notice are
formula and bus grants, capital investments, and research. Of the 17
separate FTA programs contained in this notice that fall under the
major program area headings, the funding for 10 is apportioned by
statutory formula. Funding for the other seven is allocated on a
discretionary or competitive basis.

A. Funding Based on FY 2006 Appropriations Act

    The 2006 Appropriations Act provides funding from the General Fund
of the Treasury and Mass Transit Account of the Highway Trust Fund that
totals $8.59 billion for FTA programs. This amount is slightly less
than the $8.62 billion authorized for FY 2006 in SAFETEA-LU. Table 1
shows the SAFETEA-LU authorized funding levels for transit programs.
Table 2 of this document shows the appropriated funding levels for FTA
programs for FY 2006. The 2006 Appropriations Act made funding
available for the entire fiscal year.

B. Apportionments and Allocations

    An apportionment or allocation table is included in this Notice for
each program, except for the Section 5340 Growing States and High
Density States Formula. The apportionments for this formula were
combined with the Section 5307 or Section 5311 apportionments, as
appropriate, and shown as a single amount, as directed by Congress in
the SAFETEA-LU conference report. The amount shown in a table for an
urbanized area, State, or specific project or recipient is available
for obligation or award to a grant, under the respective FTA program.
    Because we combined Sections 5307 and 5340 apportionments as
directed by Congress, we did not include in this Notice a separate
breakout of the apportionment amounts to urbanized areas (UZAs) or
States for Small Transit Intensive Cities (STIC) or for Section 5340
formulas. However, this information is available and may be obtained
from the FTA regional offices for your UZA or State.
    Unless the law provides otherwise, earmarked project allocations
for Clean Fuels, Bus and Bus Facility, New Starts, Alternative
Analysis, and the National Research Program must conform to the
eligibility requirements of the particular program. Prospective
recipients are encouraged to contact the appropriate FTA regional
office to discuss project eligibility. The regional office can provide
technical assistance to help develop an eligible project.

III. Specific Directions and Instructions in the 2006 Appropriations
Act

    The 2006 Appropriations Act and accompanying conference report
include instructions on the use or disposition of selected program
funding,

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and on the use of funds for particular projects. These provisions are
listed below, with supplemental information where appropriate.
    (1) The Appropriations Act transfers $47,766,000 from the Fixed
Guideway Modernization program to New Starts for activities under that
program.
    (2) The Appropriations Act transfers $25,215,000 available for the
Clean Fuels program to the Bus and Bus Facility program. Of the
$43,000,000 made available for the Clean Fuels program, $17,785,000
remains available for Clean Fuels projects authorized by SAFETEA-LU.
    (3) The Conference Report directs FTA not to reallocate funds
designated for certain Bus and New Starts projects designated in FY
2003 and prior years. These extended earmarks are listed in Table 19,
along with several other bus projects extended by previous
Congressional action.
    (4) Section 113 provides that ``notwithstanding any other provision
of law, projects and activities described in the statement of managers
accompanying this Act under the headings ``Federal-Aid Highways'' and
``Federal Transit Administration'' shall be eligible for fiscal year
2006 funds made available for the project for which each project or
activity is so designated: Provided, That the Federal share payable on
account of any such projects and activities subject to this section
shall be the same as the share required by the Federal program under
which each project or activity is designated unless otherwise provided
in this Act.'' This general provision makes the Section 5309 bus
projects and activities designated in the FY 2006 conference report
eligible for the purposes indicated. The specific bus and clean fuels
projects designated in SAFETEA-LU are also eligible by virtue of being
in statute. In some instances, FTA may approve use of the funds under
the Section 5309 Bus and Bus Facilities or Clean Fuels program for
eligible activities other than those designated in statute or report
language upon clarification from the relevant House and Senate
committees on authorization or appropriations respectively.
    (5) The New Starts project allocations listed in Table 12 include
some projects which may not have yet conducted or completed
alternatives analysis. Pursuant to SAFETEA-LU, FY 2006 New Starts funds
may only be used for preliminary engineering, final design, and
construction. A New Starts project designated to receive Section 5309
New Starts funds in the FY 2006 Appropriations Act must complete
alternatives analysis and be approved by FTA to enter preliminary
engineering before expending FY 2006 New Starts funds for preliminary
engineering.
    (6) Section 112 provides funding for activities eligible under
Title 23 or Title 49 at 100 percent Federal share, and are available
until expended. Surface Transportation Projects and Highway Priority
Projects to be funded under this section are designated in the
conference report. These earmarks include some transit projects,
similar to Section 115 and Section 117 in the FY 2004 and FY 2005
appropriations acts. Recipients of designations for transit projects
under Section 112 should initiate discussions with the appropriate FHWA
division office to identify transit projects that may be administered
by FTA and request that FHWA allot the funds to FTA.
    (7) Section 145 states that amounts made available from the bus
category of the Capital Investment Grants Account or Discretionary
Grants Account in this or any other previous Appropriations Act that
remain unobligated or unexpended in a grant for a multimodal
transportation facility in Burlington, Vermont, may be used for site-
preparation and design purposes of a multimodal transportation facility
in a different location within Burlington, Vermont, than originally
intended notwithstanding previous expenditures incurred for such
purposes at the original location.
    (8) Section 146 provides that notwithstanding any other provision
of law, funds designated in the conference report accompanying Public
Law 108-447 and Public Law 108-199 for the King County Metro Park and
Ride on First Hill, Seattle, Washington, shall be available to the
Swedish Hospital parking garage, Seattle, Washington, subject to the
same conditions and requirements of section 125 of Division H of Public
Law 108-447.
    (9) Section 147 provides that funds in this Act that are
apportioned to the Charleston Area Regional Transportation Authority to
carry out section 5307 may be used to acquire land, equipment, or
facilities used in public transportation from another governmental
authority in the same geographic area. The non-Federal share under
section 5307 may include revenues from the sale of advertising and
concessions.
    (10) Section 148 provides that notwithstanding any other provision
of law, any unobligated funds designated to the Jacksonville
Transportation Authority, Community Transportation Coordinator Program
under the heading ``Job Access and Reverse Commute Grants'' in the
statement of the managers accompanying Public Law 108-199, may be made
available to the Jacksonville Transportation Authority for any purpose
authorized under the Job Access and Reverse Commute program.
    (11) Section 149 provides that notwithstanding any other provision
of law, any funds made available to the South Shore Commuter Rail,
Indiana, project under the Federal Transit Administration Capital
Investment Grants Account in Division H of Public Law 108-447 that
remain available may be used for remodernization of the South Shore
Commuter Rail system.

IV. Corrections

    The following corrections are made to information in the Federal
Register published November 30, entitled ``FTA Transit Program Changes,
Authorized Funding Levels and Implementation of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' (70
FR 71950 et seq.).
    1. In the description of eligibility of intercity bus and intercity
rail facilities in section IV part (A), subsection 4 ``Intercity Bus
and Intercity Rail'' on page 71952, the phrase ``physical and
functional relationship to public transportation'' should read
``physical or functional relationship to public transportation.''
    2. In the description of the Job Access Reverse Commute Program in
section VI part (M), page 71967, under subsection 2, ``Basis for
Formula Apportionment,'' in the 2nd paragraph, the phrase ``persons
with disabilities'' should read ``low-income individuals and welfare
recipients.''

    Issued on: December 13, 2005.
David B. Horner,
Acting Deputy Administrator.

Appendix--FTA Regional Offices

Richard H. Doyle, Regional Administrator, Region 1--Boston, Kendall
Square, 55 Broadway, Suite 920, Cambridge, MA 02142-1093, Tel. 617
494-2055
States served: Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont
Letitia Thompson, Regional Administrator, Region 2--New York, One
Bowling Green, Room 429, New York, NY 10004-1415, Tel. No. 212 668-
2170
States served: New Jersey, New York, and the Virgin Islands
Susan Borinsky, Regional Administrator, Region 3--Philadelphia, 1760
Market Street, Suite 500, Philadelphia, PA 19103-4124, Tel. 215 656-
7100
States served: Delaware, Maryland, Pennsylvania, Virginia, West
Virginia, and District of Columbia
Yvette G. Taylor, Regional Administrator, Region 4--Atlanta, Atlanta
Federal Center,

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Suite 17T50, 61 Forsyth Street SW, Atlanta, GA 30303, Tel. 404 562-
3500
States served: Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, Puerto Rico, South Carolina, and Tennessee
Don Gismondi, Deputy Regional Administrator, Region 5--Chicago, 200
West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312 353-2789
States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin
Robert C. Patrick, Regional Administrator, Region 6--Ft. Worth, 819
Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817 978-0550
States served: Arkansas, Louisiana, Oklahoma, New Mexico and Texas
Mokhtee Ahmad, Regional Administrator, Region 7--Kansas City, MO,
901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816 329-
3920
States served: Iowa, Kansas, Missouri, and Nebraska
Lee O. Waddleton, Regional Administrator, Region 8--Denver, 12300
West Dakota Ave., Suite 310, Lakewood, CO 80228-2583, Tel. 720-963-
3300
States served: Colorado, Montana, North Dakota, South Dakota, Utah,
and Wyoming
Leslie T. Rogers, Regional Administrator, Region 9--San Francisco,
201 Mission Street, Room 2210, San Francisco, CA 94105-1926, Tel.
415 744-3133
States served: American Samoa, Arizona, California, Guam, Hawaii,
Nevada, and the Northern Mariana Islands
Rick Krochalis, Regional Administrator, Region 10--Seattle, Jackson
Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174-
1002, Tel. 206 220-7954
States served: Alaska, Idaho, Oregon, and Washington

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[FR Doc. 05-24154 Filed 12-19-05; 8:45 am]

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