FTA Fiscal Year 2000 Apportionments, Allocations, and Program Information (Part III)

[PDF Version]

Number 64 58211
10-28-99

[Federal Register:  October 28, 1999  (Volume 64, Number 208)]
[Notices]               
[Page 58211-58263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc99-172]                         

[[Page 58211]]
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Part III

Department of Transportation
_______________________________________________________________________

Federal Transit Administration

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FTA Fiscal Year 2000 Apportionments, Allocations and Program 
Information; Notice

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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
 
FTA Fiscal Year 2000 Apportionments, Allocations and Program 
Information
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (DOT) and Related Agencies 
Appropriations Act for Fiscal Year 2000 (Pub. L. 106-69) was signed 
into law by President Clinton on October 9, 1999, and provides fiscal 
year 2000 appropriations for the Federal Transit Administration (FTA) 
transit assistance programs. Based upon this Act, the Transportation 
Equity Act for the 21st Century (TEA-21), and 49 U.S.C, Chapter 53, 
this notice contains a comprehensive list of apportionments and 
allocations of the various transit programs.
    This notice includes the apportionment of fiscal year 2000 funds in 
the 2000 DOT Appropriations Act for the: Metropolitan Planning Program 
and State Planning and Research Program; Urbanized Area Formula 
Program; Nonurbanized Area Formula Program; Rural Transit Assistance 
Program; Elderly and Persons with Disabilities Program; and the Capital 
Investment Program for Fixed Guideway Modernization. This notice also 
contains the allocations of funds for the New Starts and Bus categories 
under the Capital Investment Program and the Job Access and Reverse 
Commute Program. It contains general information about other programs 
established under TEA-21, including the Over-the-Road Bus Accessibility 
Program and the Clean Fuels Formula Program.
    Information regarding TEA-21 funding authorization levels for use 
in developing Metropolitan Transportation Improvement Programs (TIPs) 
and State Transportation Improvement Programs (STIPs) is included. For 
informational purposes, the notice contains the apportionment of fiscal 
year 2000 funds for the Federal Highway Administration (FHWA) 
Metropolitan Planning Program and the estimated apportionment of the 
fiscal year 2000 State Planning and Research Program.
    A listing of prior year unobligated allocations for the Section 
5309 New Starts and Bus Programs is included, as in previous years. In 
addition, the FTA policy regarding pre-award authority to incur project 
costs and the Letter of No Prejudice Policy are provided. The section 
on pre-award authority has been revised in relation to New Starts 
preliminary engineering and final design work. Other pertinent program 
information is also included.
FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional 
Administrator for grant-specific information and issues; Patricia 
Levine, Director, Office of Resource Management and State Programs, 
(202) 366-2053, for general information about the Urbanized Area 
Formula Program, the Nonurbanized Area Formula Program, the Rural 
Transit Assistance Program, the Elderly and Persons with Disabilities 
Program, the Clean Fuels Formula Program, the Over-the-Road Bus 
Accessibility Program, or the Capital Investment Program; or Robert 
Stout, Director, Office of Planning Operations, (202) 366-6385, for 
general information concerning the Metropolitan Planning Program and 
the State Planning and Research Program; or Dr. Lewis P. Clopton, 
Director, Office of Research Management, (202) 366-9157, for 
information about the Job Access and Reverse Commute Program.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Overview
    A. Fiscal Year 2000 Appropriations
    B. TEA-21 Authorized Program Levels
    C. Project Management Oversight
III. Fiscal Year 2000 Focus
    A. Y2K
    B. Disadvantaged Business Enterprise (DBE) Regulation
    C. Urbanized Area Formula Study
    D. Intelligent Transportation Systems (ITS)
IV. Section 5303 Metropolitan Planning Program and Section 5313(b) 
State Planning and Research Program
    A. Metropolitan Planning Program
    B. State Planning and Research Program
    C. Data Used for Metropolitan Planning and State Planning and 
Research Apportionments
    D. FHWA Metropolitan Planning Program and State Planning and 
Research Program
    E. Local Match Waiver for Specified Planning Activities
    F. Planning Emphasis Areas for Fiscal Year 2000
    G. Federal Planning Certification Reviews
    H. Consolidated Planning Grants
    I. New Starts Approval to Enter Preliminary Engineering and 
Final Design
V. Section 5307 Urbanized Area Formula Program
    A. Total Urbanized Area Formula Apportionments
    B. Data Used for Urbanized Area Formula Apportionments
    C. Urbanized Area Formula Fiscal Year 2000 Apportionments to 
Governors
    D. Transit Enhancements
    E. Fiscal Year 2000 Operating Assistance
    F. Carryover Funds for Operating Assistance
    G. Designated Transportation Management Areas
    H. Urbanized Area Formula Funds Used for Highway Purposes
    I. National Transit Database Internet Reporting
VI. Section 5311 Nonurbanized Area Formula Program and Section 
5311(b) Rural Transit Assistance Program (RTAP)
    A. Nonurbanized Area Formula Program
    B. Rural Transit Assistance Program (RTAP)
VII. Section 5310 Elderly and Persons With Disabilities Program
VIII. Surface Transportation Program and Congestion Mitigation and 
Air Quality Flexible Funds Used for Transit Purposes (Title 23, 
U.S.C.)
    A. Transfer Process
    B. Matching Share for Flexible Funds
IX. Section 5309 Capital Investment Program
    A. Fixed Guideway Modernization
    B. New Starts
    C. Bus
X. Job Access and Reverse Commute Program--Section 3037 of TEA-21
XI. Over-the-Road Bus Accessibility Program--Section 3038 of TEA-21
XII. Section 5308 Clean Fuels Formula Program
XIII. Unit Values of Data for Section 5307 Urbanized Area Formula 
Program, Section 5311 Nonurbanized Area Formula Program, and Section 
5309 Fixed Guideway Modernization Program
XIV. Period of Availability of Funds
XV. Automatic Pre-Award Authority to Incur Project Costs
    A. Background
    B. Conditions
    C. Environmental, Planning, and Other Federal Requirements
    D. Extension of Pre-award Authority to New Starts Projects 
Approved for Preliminary Engineering and/or Final Design
XVI. Letter of no Prejudice Policy (Prior Approval of Pre-Award 
Authority)
    A. Policy
    B. Conditions
    C. Environmental, Planning, and Other Federal Requirements
    D. Request for LONP
XVII. FTA Homepage on the Internet
XVIII. FTA Fiscal Year 2000 Annual List of Certifications and 
Assurances
XIX. Grant Application Procedures
Tables
1. FTA FY 2000 Appropriations for Grant Programs
2. FTA FY 2000 Section 5303 Metropolitan Planning Program and 
Section 5313(b) State Planning and Research Program Apportionments
3. FHWA FY 2000 Metropolitan Planning (PL) Program and Estimated 
State Planning and Research (SP&R) Program Apportionments
4. FTA FY 2000 Section 5307 Urbanized Area Formula Apportionments
5. FTA FY 2000 Section 5311 Nonurbanized Area Formula 
Apportionments, and Section 5311(b) Rural Transit Assistance Program 
(RTAP) Allocations
[[Page 58213]]
6. FTA FY 2000 Section 5310 Elderly and Persons with Disabilities 
Apportionments
7. FTA FY 2000 Section 5309 Fixed Guideway Modernization 
Apportionments
8. FTA FY 2000 Section 5309 New Start Allocations
8A. FTA Prior Year Unobligated Section 5309 New Start Allocations
9. FTA FY 2000 Section 5309 Bus Allocations
9A. FTA Prior Year Unobligated Section 5309 Bus Allocations
10. FTA FY 2000 Job Access and Reverse Commute Program Allocations
11. FTA TEA-21 Authorization Levels (Guaranteed Funding Only)
11A. FTA TEA-21 Authorization Levels (Guaranteed and Non-Guaranteed 
Funding)
12. FTA FY 2000 Apportionment Formula for Section 5307 Urbanized 
Area Formula Program
13. FTA FY 2000 Apportionment Formula for Section 5309 Fixed 
Guideway Modernization Program
14. FTA FY 2000 Formula Grant Apportionments Unit Values of Data
I. Background
    Metropolitan Planning funds are apportioned by statutory formula to 
the Governors for allocation to Metropolitan Planning Organizations 
(MPOs) in urbanized areas or portions thereof. State Planning and 
Research funds are apportioned to states by statutory formula. 
Urbanized Area Formula Program funds are apportioned by statutory 
formula to urbanized areas and to Governors to provide capital, 
operating and planning assistance in urbanized areas. Nonurbanized Area 
Formula Program funds are apportioned by statutory formula to Governors 
for capital, operating and administrative assistance in nonurbanized 
areas. The Elderly and Persons with Disabilities Program funds are 
apportioned by statutory formula to Governors to provide capital 
assistance to organizations providing transportation service for the 
elderly and persons with disabilities. Fixed Guideway Modernization 
funds are apportioned by statutory formula to specified urbanized areas 
for capital improvements in rail and other fixed guideways. New Start 
and Bus allocations identified in the DOT Appropriations Act are 
included in this notice.
II. Overview
A. Fiscal Year 2000 Appropriations
    The fiscal year 2000 appropriation for the FTA program is 
$5,797,000,000, the guaranteed funding level under TEA-21. The 
appropriation for the Metropolitan Planning Program is $49,632,000, and 
the appropriation for the State Planning and Research Program is 
$10,368,000. The appropriation for formula grants totals 
$3,098,000,000. Under statutory authority, the distribution of the 
total formula funds available is as follows: $4,849,950 is set aside 
for the Alaska Railroad; $50,000,000 is for the Clean Fuels Formula 
Program, which was transferred and merged with funding for the Capital 
Bus Program; and $3,700,000 is for the Over-the-Road Bus Accessibility 
Program. Of the remaining amount of $3,039,450,050, 91.23 percent 
($2,772,890,281) is made available to the Urbanized Area Formula 
Program, 6.37 percent ($193,612,968) is made available to the 
Nonurbanized Area Formula Program, and 2.4 percent ($72,946,801) is 
made available to the Elderly and Persons with Disabilities Program.
    The other program appropriations contained in this notice are as 
follows: $5,250,000 for the Rural Transit Assistance Program (RTAP); 
and $2,501,000,000 for the Capital Investment Program. Of the Capital 
Investment Program amount, $980,400,000 is for Fixed Guideway 
Modernization, $980,400,000 is for New Starts, and $490,200,000 is for 
Bus Capital. In addition, $50,000,000 of formula funds for Clean Fuels 
was transferred and merged with the Bus Capital Program increasing that 
program to $540,200,000. An amount of $75,000,000 is for the Job Access 
and Reverse Commute Program.
    Table 1 displays the amounts appropriated by program, including 
adjustments and final apportioned and allocated amounts. The following 
text provides a narrative explanation of the funding levels and other 
factors affecting the apportionments and allocations.
B. TEA-21 Authorized Program Levels
    TEA-21 provides a combination of trust and general fund 
authorizations that total $6,810,000,000 for the fiscal year 2000 FTA 
program. Of this amount, $5,797,000,000 is guaranteed under the 
discretionary spending cap. See Table 11 for fiscal years 1998-2003 
guaranteed fund levels by program and Table 11A for the total of 
guaranteed and non-guaranteed levels by program.
    Information regarding estimates of the funding levels for 1999-2003 
by state and urbanized area is available on the FTA homepage at 
[www.fta.dot.gov]. The numbers are for planning purposes only as they 
will be revised in the future but may be used for programming 
metropolitan transportation improvement programs and statewide 
transportation improvement programs.
C. Project Management Oversight
    Section 5327 of 49 U.S.C. allows the Secretary of Transportation to 
use not more than one-half percent of the funds made available under 
the Urbanized Area Formula Program and the Nonurbanized Area Formula 
Program, and three-quarters percent of funds made available under the 
Capital Investment Program to contract with any person to oversee the 
construction of any major project under these statutory programs to 
conduct safety, procurement, management and financial reviews and 
audits, and to provide technical assistance to correct deficiencies 
identified in compliance reviews and audits. Therefore, one-half 
percent of the funds appropriated for the Urbanized Area Formula 
Program, and the Nonurbanized Area Formula Program for fiscal year 
2000, and three-quarters percent of Capital Investment Program funds 
were reserved for these purposes before funds were apportioned.
III. Fiscal Year 2000 Focus
A. Y2K
    FTA began working on the Year 2000 (Y2K) issue as early as 1996. 
The goal of FTA's efforts is to ensure that transit services are not 
interrupted by computer failures resulting from Y2K problems. In order 
to accomplish this, FTA is providing Y2K information, guidance and 
assistance to the transit community. A series of ``Dear Colleague 
Letters'' was sent to FTA grantees, which provided guidance on Y2K and 
a five-phased approach FTA Y2K Management Plan. The five phases were as 
follows: (1) Assessment; (2) Renovation/Validation; (3) Certifications; 
(4) Submission of Business Continuity and Contingency Plan (BCCP) or 
outline of BCCP; and (5) Reporting test results of the BCCP.
    In January 1999, FTA Grantees were required to complete the 
Assessment Phase, and in March 1999, FTA Grantees were required to 
complete the Renovation/Validation Phase. On June 30, 1999, the FTA 
grantees were required to certify Y2K compliance or submit an outline 
of the contingency plan for continuing operations of their systems 
while repairing or replacing the calendar year 2000 non-compliant 
elements. The 30 largest grantees were required to submit a copy of the 
Business Continuity and Contingency Plan. Other transit operators were 
asked to submit an outline of their BCCP. All grantees are also to 
submit to FTA the results of their first two tests of the BCCP by 
October 31, 1999.
    As the changeover approaches, FTA will continue to work with 
grantees to
[[Page 58214]]
ensure a smooth transition. FTA will monitor transit activity during 
the Y2K changeover, with emphasis on the 30 largest operators. FTA will 
also serve as a clearinghouse for information during the changeover.
B. Disadvantaged Business Enterprise (DBE) Regulation
    The Department of Transportation's (DOT's) new regulation 
implementing the disadvantaged business enterprise (DBE) program was 
published February 2, 1999, in the Federal Register and was effective 
March 4, 1999. The DBE program is intended to remedy past and current 
discrimination against disadvantaged business enterprises, ensure a 
``level playing field'' and foster equal opportunity in DOT-assisted 
contracts, improve the flexibility and efficiency of the DBE program, 
and reduce burdens on small businesses.
    FTA grantees were required to submit revised DBE programs by 
September 1, 1999. FTA has reviewed all programs received. A sample DBE 
Program has been created for grantees along with DOT approved Q&As for 
assistance to grant recipients required to submit programs. For more 
information, contact Arthur Andrew Lopez, Director, Office of Civil 
Rights, at (202) 366-4018, or Gloria Dixon at (816) 329-3920 or (816) 
523-0204, or go to the Office of Small and Disadvantaged Business 
Utilization website at: [http://osdbuweb.dot.gov/programs/dbe/dbe.htm].
C. Urbanized Area Formula Study
    Section 3033 of TEA-21 requires FTA to conduct a study to assess 
whether the formula for apportioning funds to urbanized areas (at 49 
U.S.C. 5336) accurately reflects the transit needs of small urbanized 
areas that provide an unusually high level of transit service for their 
size. A Federal Register Notice on the commencement of the study was 
published on July 9, 1999, and numerous comments were received.
    In that notice, FTA sought suggestions on conducting the study and 
comment on the following questions from interested parties: (1) Are 
population and population density adequate factors for use in 
apportioning funds to small urbanized areas; (2) Are there specific 
reasons why other factors should not be applied to these small cities; 
(3) Should service factors also be applied to small urbanized areas in 
apportioning formula funds--in particular, should bus revenue vehicle 
miles be applied to small urbanized areas as well; (4) Should bus 
passenger miles and operating costs used in the incentive tier be 
applied to small urbanized areas; (5) Would examining other aid sources 
available to small urbanized areas be useful and informative; and (6) 
What other mechanisms besides changing the formula might be practical 
and useful in order to assist small transit-intensive cities?
    The study is to be submitted to Congress by December 31, 1999. For 
more information, contact Darren Timothy, FTA Office of Policy 
Development, at (202) 366-0177.
D. Intelligent Transportation Systems (ITS)
    Section 5206(e) of TEA-21 requires that Intelligent Transportation 
Systems (ITS) projects using funds from the Highway Trust Fund 
(including the Mass Transit Account) conform to the National ITS 
Architecture and Standards. Interim guidance on conformity with 
National ITS Performance Standards was issued October 2, 1998, jointly 
by FTA and FHWA. This document provides guidance for meeting this 
provision of TEA-21 and is available from FTA regional offices and on 
the FTA website. These standards and requirements apply to fiscal year 
2000 allocations included in this notice that contain ITS components.
    Questions regarding the applicability of these standards and 
requirements should be addressed to the FTA regional office or Ronald 
Boenau, FTA Office of Research, Demonstration and Innovation, at (202) 
366-0195.
IV. Section 5303 Metropolitan Planning Program and Section 5313(b) 
State Planning and Research Program
A. Metropolitan Planning Program
    The fiscal year 2000 Metropolitan Planning apportionment to states 
for MPOs' use in urbanized areas totals $49,642,128. This amount 
includes $49,632,000 in fiscal year 2000 appropriated funds, and 
$10,128 in prior year deobligated funds available for reapportionment 
under this program. A basic allocation of 80 percent of this amount 
($39,713,702) is distributed to the states based on the state's 
urbanized area population as defined by the U.S. Census Bureau for 
subsequent state distribution to each urbanized area, or parts thereof, 
within each state. A supplemental allocation of the remaining 20 
percent ($9,928,426) is also provided to the states based on an FTA 
administrative formula to address planning needs in the larger, more 
complex urbanized areas. Table 2 contains the final state 
apportionments for the combined basic and supplemental allocations. 
Each state, in cooperation with the MPOs, must develop an allocation 
formula for the combined apportionment, which distributes these funds 
to MPOs representing urbanized areas, or parts thereof, within the 
state. This formula, which must be approved by the FTA, must ensure to 
the maximum extent practicable that no MPO is allocated less than the 
amount it received by administrative formula under the Metropolitan 
Planning Program in fiscal year 1991 (minimum MPO allocation). Each 
state formula must include a provision for the minimum MPO allocation. 
Where the state and MPOs desire to use a new formula not previously 
approved by FTA, it must be submitted to the appropriate FTA Regional 
Office for prior approval.
B. State Planning and Research Program
    The fiscal year 2000 apportionment for the State Planning and 
Research Program totals $10,374,946. This amount includes $10,368,000 
in fiscal year 2000 appropriated funds, and $6,946 in prior year 
deobligated funds, which have become available for reapportionment 
under this program. Final state apportionments for this program are 
also contained on Table 2. These funds may be used for a variety of 
purposes such as planning, technical studies and assistance, 
demonstrations, management training, and cooperative research. In 
addition, a state may authorize a portion of these funds to be used to 
supplement planning funds allocated by the state to its urbanized 
areas, as the state deems appropriate.
C. Data Used for Metropolitan Planning and State Planning and Research 
Apportionments
    Population data from the 1990 Census is used in calculating these 
apportionments. The Metropolitan Planning funding provided to urbanized 
areas in each state by administrative formula in fiscal year 1991 was 
used as a ``hold harmless'' base in calculating funding to each State.
D. FHWA Metropolitan Planning Program and State Planning and Research 
Program
    For informational purposes, the fiscal year 2000 apportionment for 
the FHWA Metropolitan Planning Program (PL) and estimated apportionment 
for fiscal year 2000 State Planning and Research Program (SP&R) are 
contained in Table 3. These estimates do not include expected SP&R 
funding increases from the Revenue Budget Aligned Authority authorized 
in TEA-21, Section 1105.
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E. Local Match Waiver for Specified Planning Activities
    (1) Job Access Planning Activities. Federal, state and local 
welfare reform initiatives may require the development of new and 
innovative public and other transportation services to ensure that 
former welfare recipients have adequate mobility for reaching 
employment opportunities. In recognition of the key role that 
transportation plays in ensuring the success of welfare-to-work 
initiatives, FTA and FHWA permit the waiver of the local match 
requirement for job access planning activities undertaken with 
Metropolitan Planning Program and State Planning and Research Program 
funds. FTA and FHWA will support requests for waivers when they are 
included in metropolitan Unified Planning Work Programs and State 
Planning and Research Programs and meet all other appropriate 
requirements.
    (2) Contributions to the Development of the Census Transportation 
Planning Package (CTPP). In conjunction with the increased emphasis on 
the use of Census data in the planning process, FTA will permit the 
waiver of the local match requirement for activities intended to 
contribute to the development of the CTPP. FHWA PL and SPR funds can be 
used without match only to purchase the CTPP package through AASHTO.
F. Planning Emphasis Areas for Fiscal Year 2000
    The FTA and FHWA cooperatively develop Planning Emphasis Areas 
(PEAs) to promote priority themes for consideration, as appropriate, in 
metropolitan and statewide transportation planning processes. 
Identification as a PEA brings attention to the need for guidance and 
training for FTA/FHWA, as well as attention to the allocation of 
planning resources by participants in planning processes. Three 
planning topics have been identified as PEAs due to their importance in 
the coming year: Transportation equity/public involvement, the 
Intelligent Transportation Systems National Architecture, and 
preparations for the Year 2000 Census. By identifying these as PEAs FTA 
and FHWA encourage planning organizations to consider expanding and 
reporting on their work activities on these themes.
(1) Transportation Equity and Public Involvement
    Increasingly, concerns for compliance with provisions of Title VI 
of the Civil Rights Act have been raised by citizens and advocacy 
groups with regard to broad patterns of transportation investment and 
impact considered in metropolitan and statewide planning. While Title 
VI and environmental justice concerns have most often been raised 
during project development, it is important to recognize that the law 
applies equally to the processes and products of metropolitan and 
statewide planning. Public involvement is a major element of this 
process.
    FTA and FHWA are working jointly to develop guidance to support 
metropolitan areas and states in their efforts to incorporate 
considerations of transportation equity in their local planning 
processes and substantiate compliance through demonstrated actions. 
States and Metropolitan Planning Organizations in their planning 
processes are generally advised to expand and document their efforts in 
two categories of work activity:
    (a) Expanding the focus of public involvement efforts, with special 
attempts to include the traditionally under-served and under-
represented in the planning process;
    (b) Assessing the distribution of benefits and adverse 
environmental impacts at both the plan and project level.
    Over the fiscal year, a range of possible procedural and analytical 
approaches for complying with provisions of Title VI and the Executive 
Order on Environmental Justice at the planning stage will be developed 
and disseminated through guidance and regulation. To support that 
effort, ``innovative practice'' case study development and training 
opportunities will be enhanced, based in part on the reported 
activities and experiences of metropolitan and statewide planning 
processes in this area.
(2) Intelligent Transportation Systems (ITS) National Architecture
    TEA-21 identifies system management and operation as a focal theme 
and context for transportation investment nationwide. The Act further 
identifies the need for integrated planning and application of ITS 
strategies and the role of the ITS National Architecture as a resource 
for achieving this functional integration. Section 5206(e) of TEA-21 
requires all ITS projects funded through the Highway Trust Fund, 
including the Mass Transit Account, to be consistent with the National 
Architecture and Standards.
    FTA and FHWA have prepared guidance for developing ITS projects and 
programs in a coordinated way through metropolitan and statewide 
planning processes, using the ITS National Architecture. This guidance 
is being disseminated in a number of ways, including training, 
technical assistance, and formal regulation. FTA and FHWA will work to 
provide assistance to participants in planning processes to facilitate 
attention and response to this requirement.
(3) Preparing for the Year 2000 Census
    As with prior decennial censuses, the Year 2000 Census will be an 
invaluable information resource for transportation planning at both the 
metropolitan and statewide levels. The journey-to-work and other 
socioeconomic data from it will provide a key baseline for a wide range 
of planning activities, including regional transportation equity 
analyses, job access planning, development and validation of travel 
demand models, and more. The Year 2000 census will be especially 
important because it will likely be the last to include a ``long form'' 
questionnaire to collect the types of detailed household, traveler, and 
travel information most useful to transportation planning. In future 
years, the Bureau of the Census will initiate a program to collect such 
data during the next decade as part of a continuous monthly survey 
called the American Community Survey. Data from the Year 2000 census 
will be critical for states and MPOs to make the transition to American 
Community Survey data.
    To leverage use of this important information resource, planning 
processes need to consider a wide range of ancillary work activities, 
including:
    <bullet> Aligning census geography with transportation analysis 
geography in their areas;
    <bullet> Conducting origin/destination and home interview travel 
surveys; and
    <bullet> Expanding travel monitoring programs to develop 
comprehensive area-wide and corridor inventories.
G. Federal Planning Certification Reviews
    Federal certification of the planning process is conducted in a 
Transportation Management Area (TMA), which is an urbanized area with a 
population of 200,000 and above or other urbanized areas designated by 
the Secretary of Transportation (the Secretary). The Secretary is 
responsible for certifying, at least once every three years, that the 
metropolitan transportation planning process in the TMA is being 
carried out under applicable provisions of Federal law.
    Dates for site visits for the TMAs to be reviewed in fiscal year 
2000 are being established and will be available on the
[[Page 58216]]
FTA website at [http://www.fta.dot.gov/office/planning].
    For further information regarding Federal certifications of the 
planning process contact: For FTA: Mr. Charles Goodman, FTA 
Metropolitan Planning Division, (202) 366-1944; or Scott Biehl, FTA 
Office of Chief Counsel, (202) 366-4063. For FHWA: Mr. Sheldon Edner, 
FHWA Metropolitan Planning Division, 202-366-4066; or Reid Alsop, FHWA 
Office of the Chief Counsel, 202-366-1371.
H. Consolidated Planning Grant
    In fiscal year 1997, FTA and FHWA began offering states the option 
of participating in a pilot Consolidated Planning Grant (CPG) program. 
FTA and FHWA have now made CPG a permanent pilot. As part of the 
permanent pilot, additional participants are sought so that FTA and 
FHWA can benefit from the widest possible range of participant input to 
improve and further streamline the process.
    Since the first CPG grant was awarded in April 1997, almost $159 
million has been obligated by the pilot states. Of this total, more 
than $125 million is from FHWA sources. All but one of the participants 
have elected to amend the original CPG grant to add new fiscal year 
funds to treat the CPG more like an FTA grant, but with even greater 
flexibility. Under the multi-year approach option, the CPG grant would 
stay open for a period of years to be determined by the state (and MPO, 
jointly, for Metropolitan Planning funds) with the approval of the 
Federal Government. New apportionments can be added by grant amendment 
as funds become available. One state has elected to continue the pilot 
with new, separate CPG grants for each year. This approach treats the 
CPG much as FHWA funds are treated currently, that is, as basically 
annual apportionments with a yearly close-out of project activities and 
a deobligation and reobligation cycle. The obligation pattern so far is 
somewhat of a hybrid of the two approaches with at least one state 
starting out with annual grants and switching in later years to the 
multi-year grant approach. Those with the multi-year grants can close 
them at any time and begin the next year with either a new multi-year 
grant or an annual grant. The ease with which a state can opt for the 
single year or the multi-year approach to the CPG grant is just one 
example of the flexibility intended for the pilot.
    As part of a survey of experiences in the first two years of the 
pilot, FTA and FHWA have made two pilot-wide changes in response to 
recommendations from participants. States can now report metropolitan 
planning expenditures (to comply with the Single Audit Act) for both 
FTA and FHWA under the Catalogue of Federal Domestic Assistance (CFDA) 
number for FTA's Metropolitan Planning Program. Additionally, for 
states with an FHWA Metropolitan Planning fund matching ratio greater 
than 80 percent, the state (through FTA) can request a waiver of the 20 
percent local share requirement in order that all FTA funds used for 
metropolitan planning in a CPG can be granted at the higher, FHWA rate. 
For some states, this Federal match rate can exceed 90 percent.
    As in previous years, pre-award authority is granted to both of 
FTA's planning programs as part of this annual notice. This pre-award 
authority enables states to continue planning program activities from 
year to year with the assurance that eligible costs can later be 
converted to a regularly funded Federal project without the need for 
prior approval or authorization from the granting agency. As part of 
the pilot, FTA will continue to work with participating states to 
increase the flexibility and further streamline the consolidated 
approach to planning grants. For further information on participating 
in the CPG Pilot, contact Ms. Candace Noonan, Intermodal and Statewide 
Planning Division, FTA, at (202) 366-1648 or Anthony Solury, Planning 
and Environment Core Business Unit, FHWA, at (202) 366-5003.
I. New Starts Approval to Enter Preliminary Engineering and Final 
Design
    TEA-21 extends FTA's long-standing authority for approving the 
advancement of candidate New Starts projects into preliminary 
engineering (PE) by requiring that FTA also approve entrance into the 
final design (FD) stage of project development. Specifically, 49 U.S.C. 
5309(e)(6) requires that the basis for PE/FD approval is FTA's 
evaluation of candidate project's New Start criteria, leading to an 
overall project rating of ``Highly Recommended,'' ``Recommended,'' or 
``Not Recommended.'' FTA has established a set of decision rules for 
approving entrance into preliminary engineering and final design. After 
first meeting several basic planning, environmental, and project 
management requirements which demonstrate the ``readiness'' of the 
project to advance into the next stage of project development, 
candidate projects are subject to FTA evaluation against the New Starts 
project justification and local financial commitment criteria. Projects 
may advance to the next appropriate stage of project development (PE or 
FD) only if rated ``Recommended'' or ``Highly Recommended,'' based on 
the criteria. Projects rated ``Not Recommended'' will not be approved 
to advance.
    49 U.S.C. Section 5309(e)(8)(A) exempts projects which request a 
Section 5309 New Starts share of less than $25 million from the 
requirements of Section 5309(e). TEA-21 also provides statutory 
exemptions to certain specific projects. It is important to note that 
any exemption under 5309(e)(8)(A) applies only to the New Starts 
criteria serving as the basis for FTA's approval to advance to 
preliminary engineering and final design for such projects. New Starts 
projects which request less than $25 million in New Starts funding must 
still request entrance to the next stage of development, and must 
fulfill all appropriate planning, environmental, and project management 
requirements.
    Aside from the formal evaluation and rating of (non-exempt) New 
Starts projects, the general process for approving entrance into FD and 
PE is largely consistent with FTA's prior procedures for approving 
entrance into preliminary engineering. FTA is revising its guidance for 
evaluating and approving local agency requests for advancing projects 
in the New Starts project development process. These revised procedures 
will be available in fiscal year 2000.
V. Section 5307 Urbanized Area Formula Program
A. Total Urbanized Area Formula Apportionments
    In addition to the appropriated fiscal year 2000 Urbanized Area 
Formula funds of $2,772,890,281, the apportionment also includes 
$4,589,012 in deobligated funds which became available for 
reapportionment for the Urbanized Area Formula Program as provided by 
49 U.S.C. 5336(i).
    Table 4 displays the amount apportioned for the Urbanized Area 
Formula Program. After the one-half percent for oversight is set-aside 
($13,864,451), the amount of appropriated funds available for 
apportionment is $2,759,025,830. The funds to be reapportioned, 
described in the previous paragraph, are then added and increase the 
total amount apportioned for this program to $2,763,614,842.
    An additional $4,849,950 is appropriated for the Alaska Railroad 
for improvements to its passenger operations. After the one-half 
percent for oversight is reserved ($24,250),
[[Page 58217]]
$4,825,700 is available for the Alaska Railroad.
    Table 12 contains the fiscal year 2000 apportionment formula for 
the Section 5307 Urbanized Area Formula Program.
B. Data Used for Urbanized Area Formula Apportionments
    Data from the 1998 NTD (49 U.S.C. 5335) Report Year submitted in 
late 1998 and early 1999 have been used to calculate the fiscal year 
2000 Urbanized Area Formula apportionments for urbanized areas 200,000 
in population and over. The population and population density figures 
used in calculating the Urbanized Area Formula are from the 1990 
Census.
C. Urbanized Area Formula Fiscal Year 2000 Apportionments to Governors
    The total Urbanized Area Formula apportionment to the Governor for 
use in areas under 200,000 in population for each state is shown in 
Table 4. This table also contains the total apportionment amount 
attributable to each of the urbanized areas within the state. The 
Governor may determine the allocation of funds among the urbanized 
areas under 200,000 in population with one exception. As further 
discussed below in Section G, funds attributed to an urbanized area 
under 200,000 in population, located within the planning boundaries of 
a transportation management area, must be obligated in that area.
D. Transit Enhancements
    For urbanized areas with populations 200,000 and over, TEA-21 
established a minimum annual expenditure requirement of one percent for 
transit projects and project elements that qualify as enhancements 
under the Urbanized Area Formula Program. Table 4 indicates the amount 
set aside for enhancements in these areas. The term ``transit 
enhancement'' includes projects or project elements that are designed 
to enhance mass transportation service or use and are physically or 
functionally related to transit facilities.
    (1) Eligible Enhancements. The following are transit projects and 
project elements that may be counted to meet the minimum enhancement 
expenditure requirement:
    (a) Historic preservation, rehabilitation, and operation of 
historic mass transportation buildings, structures, and facilities 
(including historic bus and railroad facilities);
    (b) Bus shelters;
    (c) Landscaping and other scenic beautification, including tables, 
benches, trash receptacles, and street lights;
    (d) Public art;
    (e) Pedestrian access and walkways;
    (f) Bicycle access, including bicycle storage facilities and 
installing equipment for transporting bicycles on mass transportation 
vehicles;
    (g) Transit connections to parks within the recipient's transit 
service area;
    (h) Signage; and
    (i) Enhanced access for persons with disabilities to mass 
transportation.
    (2) Requirements. One percent of the Urbanized Area Formula Program 
apportionment in each urbanized area with a population of 200,000 and 
over must be made available only for transit enhancements. When there 
are several grantees in an urbanized area, it is not required that each 
grantee spend one percent of its Urbanized Area Formula Program funds 
on transit enhancements. Rather, one percent of the urbanized area's 
apportionment must be expended on projects and project elements that 
qualify as enhancements. If these funds are not obligated for transit 
enhancements within three years following the fiscal year in which the 
funds are apportioned, the funds will lapse and no longer be available 
to the urbanized area, and will be reapportioned under the Urbanized 
Area Formula Program.
    It will be the responsibility of the MPO to determine how the one 
percent will be allotted to transit projects. The one percent minimum 
requirement does not preclude more than one percent being expended in 
an urbanized area for transit enhancements. Items that are only 
eligible as enhancements--in particular, operating costs for historic 
facilities--may be assisted only within the one percent fund level.
    (3) Project Budget. The project budget for each grant application 
that includes enhancement funds must include a scope code for transit 
enhancements and specific budget activity line items for transit 
enhancements.
    (4) Bicycle Access. TEA-21 provides that projects providing bicycle 
access to transit assisted with the FTA enhancement apportionment shall 
be eligible for a 95 percent Federal share.
    (5) Enhanced Access for Persons with Disabilities. Enhancement 
projects or elements of projects designed to enhance access for persons 
with disabilities must go beyond the requirements contained in the 
Americans with Disabilities Act.
    (6) Enhancement Report. The recipient must submit a report to the 
appropriate FTA Regional Office listing the projects or elements of 
projects carried out with those funds during the previous fiscal year 
and the amount awarded. The report must be submitted in the Federal 
fiscal year's final quarterly report, in the Transportation Electronic 
Awards and Management System (TEAM). The report should include the 
following elements: (a) grantee name, (b) urbanized area name and 
number, (c) FTA project number, (d) transit enhancement category, (e) 
brief description of enhancement and progress towards project 
implementation, (f) activity line item code from the approved budget, 
and (g) amount awarded by FTA for the enhancement.
E. Fiscal Year 2000 Operating Assistance
    Fiscal year 2000 funding for operating assistance is available only 
to urbanized areas with populations under 200,000. For these areas, 
there is no limitation on the amount of the state apportionment that 
may be used for operating assistance, and the Federal/local share ratio 
is 50/50.
    TEA-21 provided two exceptions to the prohibition on operating 
assistance in areas over 200,000 in population. These areas were 
identified and addressed in fiscal year 1999.
F. Carryover Funds for Operating Assistance
    Carryover funds for fiscal years 1997-1998, which were eligible for 
use as operating assistance are still available for operating 
assistance. However, the operating assistance limitations remain on the 
unused fiscal years 1997-1998 funds. These funds continue to be 
available for obligation at the Federal/local share ratio of 50/50 in 
fiscal year 2000 and throughout the period of availability. For unused 
fiscal year 1998 funds for areas under 200,000, operating assistance as 
a capital project with an 80 percent federal match ratio (without 
limitation) will continue to be available throughout the period of 
availability.
G. Designated Transportation Management Areas
    All urbanized areas over 200,000 in population have been designated 
as transportation management areas (TMAs), in accordance with 49 U.S.C. 
Section 5305. These designations were formally made in a Federal 
Register Notice dated May 18, 1992 (57 FR 21160), signed by the Federal 
Highway Administrator and the Federal Transit Administrator. Additional 
areas have been designated as TMAs upon the request of the Governor and 
the MPO designated for such area or the affected local officials. 
During fiscal year 1999, one addition to an existing TMA was formally 
designated: Titusville, Florida,
[[Page 58218]]
is included within the boundaries of the Melbourne/Palm Bay, Florida 
TMA.
    Guidance for setting the boundaries of TMAs is contained in the 
joint transportation planning regulations codified at 23 CFR part 450 
and 49 CFR part 613. In some cases, the TMA boundaries, which have been 
established by the MPO for the designated TMA, also include one or more 
urbanized areas with less than 200,000 in population. Where this 
situation exists, the discretion of the Governor to allocate Urbanized 
Area Formula program ``Governor's Apportionment'' funds for urbanized 
areas with less than 200,000 in population is restricted.
    As required by 49 U.S.C. 5307(a)(2), a recipient(s) must be 
designated to dispense the Urbanized Area Formula funds attributable to 
TMAs. Those urbanized areas that do not already have a designated 
recipient must name one and notify the appropriate FTA regional office 
of the designation. This includes those urbanized areas with less than 
200,000 in population that may receive TMA designation independently, 
or those with less than 200,000 in population which are currently 
included within the boundaries of a larger designated TMA. In both 
cases, the Governor only has discretion to allocate Governor's 
Apportionment funds attributable to areas which are outside of 
designated TMA boundaries. In order for the FTA and Governors to know 
which urbanized areas under 200,000 in population are included within 
the boundaries of an existing TMA, and so that they can be identified 
in future Federal Register notices, each MPO whose TMA planning 
boundaries include these smaller urbanized areas is asked to identify 
such areas to the FTA. This notification should be made in writing to 
the Associate Administrator for Program Management, Federal Transit 
Administration, 400 Seventh Street, SW, Washington, DC 20590, no later 
than July 1 of each fiscal year. To date, FTA has been notified of the 
following urbanized areas with less than 200,000 in population that are 
included within the planning boundaries of designated TMAs:
------------------------------------------------------------------------
                                  Small urbanized area included in TMA
        Designated TMA                         boundaries
------------------------------------------------------------------------
Baltimore, Maryland..........  Annapolis, Maryland.
Dallas-Fort Worth, Texas.....  Denton, Texas; Lewisville, Texas.
Houston, Texas...............  Galveston, Texas; Texas City, Texas.
Orlando, Florida.............  Kissimmee, Florida.
Melbourne-Palm Bay, Florida..  Titusville, Florida.
Philadelphia, Pennsylvania...  Pottstown, Pennsylvania.
Pittsburgh, Pennsylvania.....  Monessen, Pennsylvania; Steubenville-
                                Weirton, OH-WV-PA (PA portion).
Seattle, Washington..........  Bremerton, Washington.
Washington, DC-MD-VA.........  Frederick, Maryland (MD portion).
------------------------------------------------------------------------
H. Urbanized Area Formula Funds Used for Highway Purposes
    Urbanized Area Formula funds apportioned to a TMA are also 
available for highway projects if the following three conditions are 
met: (1) such use must be approved by the MPO in writing after 
appropriate notice and opportunity for comment and appeal are provided 
to affected transit providers; (2) in the determination of the 
Secretary, such funds are not needed for investments required by the 
Americans with Disabilities Act of 1990 (ADA); and (3) the MPO 
determines that local transit needs are being addressed.
    Urbanized Area Formula funds that are designated for highway 
projects will be transferred to and administered by the FHWA. The MPO 
should notify FTA of its intent to program FTA funds for highway 
purposes.
I. National Transit Database Internet Reporting
    The National Transit Database (NTD) is FTA's national database for 
statistics on the transit industry. Each year, FTA grantees use 
diskettes to report on their operating and financial statistics to FTA. 
These grantees receive formula funds based, in part, on the statistics 
they submit. NTD data is summarized and used to report to Congress on 
the performance of the transit industry and to assess whether FTA goals 
have been met. In addition, a profile report is produced for each 
transit authority that submits data. NTD profile report data is often 
used in transit planning. These annual NTD summary reports and profile 
reports have been available on FTA's website for several years.
    During the fall of 1999, FTA will begin testing a new Internet 
reporting system to replace diskette reporting. A number of agencies 
have volunteered to test this new system of transit operator data input 
via the Internet. Internet reporting should speed data collection and 
validation. Internet reporting is scheduled to begin in the fall of 
year 2000.
VI. Section 5311 Nonurbanized Area Formula Program and Section 
5311(b)(2) Rural Transit Assistance Program (RTAP)
A. Nonurbanized Area Formula Program
    The fiscal year 2000 Nonurbanized Area Formula apportionments to 
the states total $192,717,384 and are displayed in Table 5. Of the 
$193,612,968 appropriated, one-half percent ($968,065) was reserved for 
oversight. In addition to the current appropriation, the funds 
available for apportionment included $72,481 in deobligated funds from 
fiscal years prior to 2000. The population figures used in calculating 
these apportionments are from the 1990 Census.
    The Nonurbanized Formula Program provides capital, operating and 
administrative assistance for areas under 50,000 in population. Each 
state must spend no less than 15 percent of its fiscal year 2000 
Nonurbanized Area Formula apportionment for the development and support 
of intercity bus transportation, unless the Governor certifies to the 
Secretary that the intercity bus service needs of the state are being 
adequately met. Fiscal year 2000 Nonurbanized Area Formula grant 
applications must reflect this level of programming for intercity bus 
or include a certification from the Governor.
B. Rural Transit Assistance Program (RTAP)
    The fiscal year 2000 RTAP apportionments to the states total 
$4,800,180 and are also displayed on Table 5. This amount includes 
$4,725,000 in fiscal year 2000 appropriated funds, and $75,180 in prior 
year deobligated funds, which are available for reapportionment.
    Of the total $5,250,000 authorized and appropriated for RTAP in 
fiscal year 2000, FTA set-aside 10 percent in order to fund RTAP 
activities carried out at
[[Page 58219]]
the national level. Due to the limited amount of discretionary funds 
available this year in the national planning and research program, FTA 
elected to fund both state and national components from the RTAP 
appropriation in order to ensure the continuity of national program 
activities, such as the Transit Resource Center and production and 
distribution of training materials that support the various states' 
RTAP activities.
    All states will notice a reduction in their apportionment compared 
to fiscal year 1999 as a result of the 10 percent takedown. However, 
the impact on the larger states is proportionately greater because the 
formula includes a minimum allocation of $65,000 to each state. For 
most states, however, the fiscal year 2000 allocation is greater than, 
or only slightly less than, their apportionment in fiscal year 1998.
    The funds are allocated to the states to undertake research, 
training, technical assistance, and other support services to meet the 
needs of transit operators in nonurbanized areas. These funds are to be 
used in conjunction with the states' administration of the Nonurbanized 
Area Formula Program.
VII. Section 5310 Elderly and Persons With Disabilities Program
    A total of $72,986,415 is apportioned to the states for fiscal year 
2000 for the Elderly and Persons with Disabilities Program. In addition 
to the fiscal year 2000 appropriation of $72,946,801, the fiscal year 
2000 apportionment also includes $39,614 in prior year unobligated 
funds, which are available for reapportionment under the Elderly and 
Persons with Disabilities Program. Table 6 shows each state's 
apportionment.
    The formula for apportioning these funds uses 1990 Census 
population data for persons aged 65 and over and for persons with 
disabilities.
    The funds provide capital assistance for transportation for elderly 
persons and persons with disabilities. Eligible capital expenses may 
include, at the option of the recipient, the acquisition of 
transportation services by a contract, lease, or other arrangement.
    While the assistance is intended primarily for private non-profit 
organizations, public bodies that coordinate services for the elderly 
and persons with disabilities, or any public body that certifies to the 
state that there are no non-profit organizations in the area that are 
readily available to carry out the service, may receive these funds.
    These funds may be transferred by the Governor to supplement the 
Urbanized Area Formula or Nonurbanized Area Formula capital funds 
during the last 90 days of the fiscal year.
VIII. Surface Transportation Program and Congestion Mitigation and 
Air Quality Flexible Funds Used for Transit Purposes (Title 23, 
U.S.C.)
A. Transfer Process
    TEA-21 made changes in how funds are to be transferred from FHWA to 
FTA. Section 1103(i) of TEA-21, as amended, provides that when funds 
are transferred or ``flexed,'' obligation authority will be transferred 
to the receiving agency. Under ISTEA obligation authority was not 
transferred.
    Effective October 1, 1999, new procedures were implemented to 
accommodate this change for fiscal year 2000 and subsequent years. The 
transfer process is described below.
    Transfer from FHWA to FTA. Flexible funds designated for use in 
transit projects must result from the metropolitan and state planning 
and programming process, and must be included in an approved State 
Transportation Improvement Program (STIP) before the funds can be 
transferred. To initiate the process the grantee must submit a 
completed application to the FTA regional office and notify the State 
Highway Agency that it has submitted an application that requires a 
transfer of funds. By letter, the State Highway Agencies (SHA) request 
the transfer of highway funds for a transit project(s) through their 
FHWA Division. The letter should specify the project, amount to be 
transferred, apportionment year, State, federal aid apportionment 
category (i.e. Surface Transportation Program (STP), Congestion 
Mitigation and Air Quality (CMAQ), Interstate Substitute, or Other--
Earmarks), and a description of the project as contained in the STIP.
    The FHWA Division Office confirms that the apportionment amount is 
available for transfer and concurs in the transfer by letter to the 
State Highway Agency and FTA. FHWA then transfers obligation authority 
and an equal amount of cash to FTA. All CMAQ or STP, or Other funds 
(FHWA earmarks) will be transferred to one of the three FTA formula 
programs (i.e. Urbanized Area Formula (Section 5307), Nonurbanized Area 
Formula (Section 5311) or Elderly and Persons with Disabilities 
(Section 5310).
    The FTA grantee application for the project must specify which 
transit program (title 49 U.S.C. section) funds will be utilized and 
the application should be prepared in conformance with the requirements 
and procedures governing that section. Upon review and approval of the 
grantee's application, FTA obligates funds for the project.
    The flexible funds are treated as FTA formula funds, although they 
retain a special identifying code. The funds may be used for any 
purpose eligible under the FTA formula programs. CMAQ funds, however, 
have to be used for air quality purposes and some eligible projects are 
defined by the Clean Air Act. All FTA requirements are applicable to 
transferred funds. Flexible funds should be combined with regular FTA 
funds in a single annual grant application.
    Transfers from FTA to FHWA. The Metropolitan Planning Organization 
(MPO) submits a request to the FTA Regional Office for a transfer of 
FTA Section 5307 formula funds (apportioned to an urbanized area 
200,000 and over in population) to FHWA based on its approved use for 
highway purposes, as contained in the State governor's approved multi-
year STIP document. The MPO must certify that: (1) the funds are not 
needed for capital investments required by the Americans with 
Disabilities Act; (2) notice and opportunity for comment and appeal has 
been provided to affected transit providers; and (3) local funds used 
for non-Federal match are eligible to provide assistance for either 
highway or transit projects. The FTA Regional Administrator reviews and 
concurs in the request then forwards the approval to FTA Headquarters, 
where the grantee's formula apportionmment is reduced, in TEAM (FTA's 
electronic grant making and management system), by the dollar amount 
being transferred to FHWA.
    For information regarding these procedures, please contact Kristen 
D. Clarke, FTA Budget Division at (202) 366-2918 or Fred Gessler, FHWA 
Finance Division at (202) 366-2847.
B. Matching Share for Flexible Funds
    The provisions of Title 23, U.S.C. regarding the non-Federal share 
apply to Title 23 funds used for transit projects. Thus, flexible funds 
transferred to FTA retain the same matching share that the funds would 
have if used for highway purposes and administered by the FHWA.
    There are three instances in which a higher than 80 percent Federal 
share would be maintained. First, in states with large areas of Indian 
and certain public domain lands, and national forests, parks and 
monuments, the local share for highway projects is determined by a 
sliding scale rate, calculated based on the percentage of public lands 
within that state. This sliding scale, which permits a greater
[[Page 58220]]
Federal share, but not to exceed 95 percent, is applicable to transit 
projects funded with flexible funds in these public land states. FHWA 
develops the sliding scale matching ratios for the increased Federal 
share.
    Secondly, commuter carpooling and vanpooling projects and transit 
safety projects using flexible funds administered by FTA may retain the 
same 100 percent Federal share that would be allowed for ride-sharing 
or safety projects administered by the FHWA.
    The third instance includes the 100 percent Federal safety 
projects; however, these are subject to a nationwide 10 percent program 
limitation.
IX. Section 5309 Capital Investment Program
A. Fixed Guideway Modernization
    The formula for allocating the Fixed Guideway Modernization funds 
contains seven tiers. The allocation of funding under the first four 
tiers, through fiscal year 2003, will be based on data used to 
apportion the funding in fiscal year 1997. Funding under the last three 
tiers will be apportioned based on the latest available route miles and 
revenue vehicle miles on segments at least seven years old as reported 
to the National Transit Database.
    Table 7 displays the fiscal year 2000 Fixed Guideway Modernization 
apportionments. Fixed Guideway Modernization funds apportioned for this 
section must be used for capital projects to maintain, modernize, or 
improve fixed guideway systems.
    All urbanized areas with fixed guideway systems that are at least 
seven years old are eligible to receive Fixed Guideway Modernization 
funds. A request for the start-up service dates for fixed guideways has 
been incorporated into the National Transit Database reporting system 
to ensure that all eligible fixed guideway data is included in the 
calculation of the apportionments. A threshold level of more than one 
mile of fixed guideway is required to receive Fixed Guideway 
Modernization funds. Therefore, urbanized areas reporting one mile or 
less of Fixed Guideway mileage under the National Transit Database are 
not included.
    For fiscal year 2000, $980,400,000 was appropriated for fixed 
guideway modernization. After deducting the three-fourth percent for 
oversight ($7,353,000), $973,047,000 is available for apportionment to 
the specified urbanized areas.
    Each year, the new fixed guideway modernization formula will 
allocate funds by seven tiers. A listing of the tiers and the funds 
available under each are delineated in Table 13. For tiers 5, 6, and 7, 
allocations will be based on the latest available route miles and 
revenue vehicle miles for fixed guideway segments at least seven years 
old as reported to the National Transit Database.
B. New Starts
    The fiscal year 2000 appropriation for New Starts is $980,400,000, 
which was fully allocated in the fiscal year 2000 DOT Appropriations 
Act. However, by statute, this amount is reduced by three-fourth 
percent ($7,353,000) for oversight activities, leaving $973,047,000 
available for allocations to projects. The oversight reduction was 
applied on a pro-rata basis to all projects specified in the fiscal 
year 2000 DOT Appropriations Act, yielding the final allocation for 
each project as shown in Table 8 of this notice. Prior year unobligated 
appropriations for New Starts in the amount of $542,823,668 remain 
available for obligation in fiscal year 2000. These carryover amounts 
are displayed in Table 8A.
C. Bus
    The fiscal year 2000 appropriation for Bus is $490,200,000 for the 
purchase of buses, bus-related equipment and paratransit vehicles, and 
for the construction of bus-related facilities. TEA-21 established a 
$100,000,000 Clean Fuels Formula Program under Section 5308. The 
program is authorized to be funded with $50,000,000 from the Bus 
category of the Capital Investment Program, and $50,000,000 from the 
Formula Program. However, the fiscal year 2000 DOT Appropriations Act 
directs FTA to transfer $50,000,000 appropriated under the Formula 
Program to and merge it with funding provided for the Bus category of 
the Capital Investment Program. Thus, $540,200,000 of funds 
appropriated in fiscal year 2000 are available for funding the Bus 
category of the Capital Program. After deducting the three-fourth 
percent for oversight ($4,051,500) the amount of fiscal year 2000 
appropriated funds available for allocation is $536,148,500. Prior year 
unobligated funds directed by Congress to be reallocated in the amount 
of $1,199,750 are then added and increase the total amount allocated to 
$537,348,250 under the Bus category.
    The 2000 DOT Appropriations Act allocated all of the fiscal year 
2000 Bus funds to specified states or localities for bus and bus-
related projects.
    Because the three-fourth percent for oversight was subtracted from 
the amount appropriated in the DOT Appropriations Act and not the 
reallocated funds, each bus project receives less than the funding 
level contained in the DOT Appropriations Act. No funds remain 
available for discretionary allocation by the Federal Transit 
Administrator. Table 9 displays the allocations of the fiscal year 2000 
Bus funds by area.
    Prior year unobligated appropriations for Bus Program earmarks in 
the amount of $472,955,785 remain available for obligation in fiscal 
year 2000, and are displayed in Table 9A.
    For Section 5309 projects funding battery electric, hybrid electric 
or fuel cell vehicles, FTA intends to ask for additional information as 
part of project quarterly progress reports. Grantees will be advised of 
the specifics of this at a later date. See section XII, Clean Fuels 
Formula Program, for a discussion of this proposal.
X. Job Access and Reverse Commute Program
    The fiscal year 2000 appropriation for the Job Access and Reverse 
Commute Program is $75,000,000. Of this amount $49,570,000 has been 
allocated to projects specified in the fiscal year 2000 Conference 
report. These allocations are listed in Table 10.
    This program, established under TEA-21, provides funding for the 
provision of transportation services designed to increase access to 
jobs and employment-related activities. Job Access projects are those 
which transport welfare recipients and low-income individuals in urban, 
suburban, or rural areas to and from jobs and activities related to 
their employment. Reverse Commute projects provide transportation 
services for the general public from urban, suburban, and rural areas 
to suburban employment opportunities. A total of $10 million from the 
appropriation can be used for Reverse Commute Projects.
    One of the goals of the Job Access and Reverse Commute program is 
to increase collaboration among transportation providers, human service 
agencies, employers, metropolitan planning organizations, states, and 
affected communities and individuals. All projects funded under this 
program must be derived from an area-wide Job Access and Reverse 
Commute Transportation Plan, developed through a regional approach 
which supports the implementation of a variety of transportation 
services designed to connect welfare recipients to jobs and related 
activities. A key element of the
[[Page 58221]]
program is making the most efficient use of existing public, nonprofit 
and private transportation service providers.
    In fiscal year 1999, FTA undertook a national solicitation of 
applications for this program and established a competitive process to 
review all applications. As a result of this process, FTA selected 179 
different projects in agencies and organizations in 42 states for 
funding.
    A separate Federal Register Notice providing program guidance and 
application procedures for fiscal year 2000 will be issued for the 
program. The notice will be also available on the FTA website.
XI. Over-the-Road Bus Accessibility Program
    The amount available for the Over-the-Road Bus Accessibility (OTRB) 
Program in fiscal year 2000 is $3,710,000. In addition to $3,700,000 
appropriated for fiscal year 2000, $10,000 remaining from the fiscal 
year 1999 appropriation is available for award in fiscal year 2000. Of 
the $3,710,000 available for the program, $2,010,000 is available to 
providers of intercity fixed-route service, and $1,700,000 is available 
to other providers of the over-the-road bus services, including local 
fixed-route service, commuter service, and charter and tour service.
    The Over-the-road Bus (OTRB) Accessibility program authorizes FTA 
to make grants to operators of over-the-road buses to help finance the 
incremental capital and training costs of complying with the DOT over-
the-road bus accessibility final rule, published in a Federal Register 
Notice on September 24, 1998. FTA conducts a national solicitation of 
applications and grantees are selected on a competitive basis.
    In fiscal year 1999, the first year in which the program was 
implemented, a total of $2 million was available to intercity fixed-
route providers. FTA selected 11 applicants from among the 20 
applications submitted for funding incremental capital and training 
costs.
    A separate Federal Register Notice providing program guidance and 
application procedures for fiscal year 2000 will be issued for this 
program. The notice will be available on the FTA website.
XII. Clean Fuels Formula Program
    TEA-21 established a $100,000,000 Clean Fuels Formula Grant Program 
under Section 5308 to assist non-attainment and maintenance areas in 
achieving or maintaining attainment status and to support markets for 
emerging clean fuel technologies. Under the program, public transit 
agencies in maintenance and non-attainment areas (as defined by the 
EPA) were to apply for formula funds to acquire clean fuel vehicles, to 
repower or retrofit engines for clean fuels operation, and to construct 
or improve facilities to support clean fuel vehicles. The legislation 
specified the program to be funded with $50,000,000 from the Bus 
category of the Capital Investment Program, and $50,000,000 from the 
Formula Program. The fiscal year 2000 DOT Appropriations Act transfers 
$50,000,000 appropriated under the Formula Program to and merges it 
with funding provided for the replacement, rehabilitation and purchase 
of buses and related equipment and the construction of bus related 
facilities under the Bus category of the Capital Investment Program. In 
addition, in fiscal years 1999 and 2000 Congress allocated the entire 
Bus category, including the $100,000,000, which TEA-21 provides for 
funding of the Clean Fuels Formula Program. The appropriation actions 
of Congress override the provisions established in TEA-21 for the Clean 
Fuels Formula Program. Therefore, FTA cannot implement this new program 
in fiscal year 2000. The fiscal year 2000 Bus Allocations on Table 9 
include the funding which would have been available for the Clean Fuels 
Formula Program under TEA-21.
    While the Clean Fuels Formula Program was not funded by Congress in 
fiscal year 2000, as in fiscal year 1999, FTA supports the objectives 
of the program and is interested in collecting relevant information on 
the operations and performance of clean fuel technology buses in 
revenue service to help assess the reliability, benefits, and costs of 
these technologies compared to conventional vehicle technologies, and 
to provide more accurate information to transit agencies for future 
clean fuel and advanced propulsion vehicle purchases. It was FTA's 
intent to require grantees receiving Clean Fuels Formula funds for 
projects to purchase or lease buses powered by advanced propulsion 
technologies (e.g. battery electric, hybrid electric and fuel cell 
powered vehicles) to provide information to FTA on the operations, 
performance and maintenance of those vehicles. Since the Clean Fuels 
Formula Program was not funded in fiscal year 2000, but rather funds 
were allocated as part of the capital program for bus, FTA intends to 
require grantees receiving capital funds to purchase or lease buses 
powered by advanced propulsion technologies (battery electric, hybrid 
electric, and fuel cell) to report to FTA information that will further 
the state of the industry's knowledge about operation of these advanced 
technologies. Grantees receiving funds to purchase or lease alternative 
fuel technologies such as CNG or LNG may voluntarily provide similar 
information. Grantees will be advised of the new reporting requirements 
for the Section 5309 program for these specific bus technologies in the 
near future.
XIII. Unit Values of Data for the Section 5307 Urbanized Area 
Formula Program, Section 5311 Nonurbanized Area Formula Program, 
and Section 5309 Capital Fixed Guideway Modernization
    The dollar unit values of data derived from the computations of the 
Urbanized Area Formula Program, the Nonurbanized Area Formula Program, 
and the Capital Investment Program--Fixed Guideway Modernization 
apportionments are displayed in Table 14 of this notice. To determine 
how an apportionment amount was computed for an area, multiply its 
population, population density, and data from the NTD by the unit 
values.
XIV. Period of Availability of Funds
    The funds apportioned under the Metropolitan Planning Program and 
the State Planning and Research Program, the Urbanized Area Formula 
Program, and the Fixed Guideway Modernization Program, in this notice, 
will remain available to be obligated by FTA to recipients for three 
fiscal years following fiscal year 2000. Any of these apportioned funds 
unobligated at the close of business on September 30, 2003 will revert 
to FTA for reapportionment under these respective programs.
    Funds apportioned to nonurbanized areas under the Nonurbanized Area 
Formula Program, including RTAP funds, will remain available for two 
fiscal years following fiscal year 2000. Any such funds remaining 
unobligated at the close of business on September 30, 2002, will revert 
to FTA for reapportionment among the states under the Nonurbanized Area 
Formula Program. Funds allocated to states under the Elderly and 
Persons with Disabilities Program in this notice must be obligated by 
September 30, 2000. Any such funds remaining unobligated as of this 
date will revert to FTA for reapportionment among the states under the 
Elderly and Persons with Disabilities Program. The fiscal year 2000 DOT 
Appropriations Act includes a provision requiring that fiscal year 2000 
New Starts and Bus funds not obligated for their original purpose as of 
September 30, 2002, shall be made
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available for other discretionary projects within the respective 
categories of the Capital Investment Program.
XV. Automatic Pre-Award Authority To Incur Project Costs
A. Policy
    FTA provides blanket or automatic pre-award authority to cover 
certain program areas described below. This pre-award authority allows 
grantees to incur project costs prior to grant approval and retain 
their eligibility for subsequent reimbursement after grant approval. 
The grantee assumes all risk and is responsible for ensuring that all 
conditions, which are described below, are met to retain eligibility. 
This automatic pre-award spending authority permits a grantee to incur 
costs on an eligible transit capital or planning project without 
prejudice to possible future Federal participation in the cost of the 
project or projects. Prior to exercising pre-award authority, grantees 
must comply with the conditions and Federal requirements outlined in 
paragraphs B and C immediately below. Failure to do so will render an 
otherwise eligible project ineligible for FTA financial assistance. In 
addition, grantees are strongly encouraged to consult with the 
appropriate regional office if there could be any question regarding 
the eligibility of the project for future FTA funds or the 
applicability of the conditions and Federal requirements.
    Authority to incur costs for fiscal year 1998 Fixed Guideway 
Modernization, Metropolitan Planning, Urbanized Area Formula, Elderly 
and Persons with Disabilities, Nonurbanized Area Formula, STP or CMAQ 
flexible funds to be transferred from the FHWA and State Planning and 
Research Programs in advance of possible future Federal participation 
was provided in the December 5, 1997, Federal Register Notice. Pre-
award authority was extended in the June 24, 1998 Federal Register 
Notice on TEA-21 to all formula funds and flexible funds that will be 
apportioned during the authorization period of TEA-21, 1998-2003. Pre-
award authority also applies to Capital Investment Bus allocations 
identified in this notice. Pre-award authority does not apply to 
Capital New Start funds, or to Capital Investment Bus projects not 
specified in this or previous notices, except as described in D. below. 
Pre-award authority also applies to preventive maintenance costs 
incurred within a local fiscal year ending during calendar year 1997, 
or thereafter, under the formula programs cited above.
    For Section 5309 Capital Investment Bus projects, the date that 
costs may be incurred is the date that the appropriation bill in which 
they are contained is enacted. For blanket pre-award authority in 
formula programs described above, the effective date is June 9, 1998.
B. Conditions
    Similar to the FTA Letter of No Prejudice (LONP) authority, the 
conditions under which this authority may be utilized are specified 
below:
    (1) The pre-award authority is not a legal or moral commitment that 
the project(s) will be approved for FTA assistance or that FTA will 
obligate Federal funds. Furthermore, it is not a legal or moral 
commitment that all items undertaken by the applicant will be eligible 
for inclusion in the project(s).
    (2) All FTA statutory, procedural, and contractual requirements 
must be met.
    (3) No action will be taken by the grantee that prejudices the 
legal and administrative findings which the Federal Transit 
Administrator must make in order to approve a project.
    (4) Local funds expended by the grantee pursuant to and after the 
date of the pre-award authority will be eligible for credit toward 
local match or reimbursement if FTA later makes a grant for the 
project(s) or project amendment(s).
    (5) The Federal amount of any future FTA assistance awarded to the 
grantee 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/local match ratio at the time the funds are 
obligated.
    (6) For funds to which the pre-award authority applies, the 
authority expires with the lapsing of the fiscal year funds.
C. Environmental, Planning, and Other Federal Requirements
    FTA emphasizes that all of the Federal grant requirements must be 
met for the project to remain eligible for Federal funding. Some of 
these requirements must be met before pre-award costs are incurred, 
notably the requirements of the National Environmental Policy Act 
(NEPA), and the planning requirements. Compliance with NEPA and other 
environmental laws or executive orders (e.g., protection of parklands, 
wetlands, historic properties) must be completed before state or local 
funds are spent on implementing activities such as final design, 
construction, and acquisition for a project that is expected to be 
subsequently funded with FTA funds. Depending on which class the 
project is included under in FTA environmental regulations (23 CFR part 
771), the grantee may not advance the project beyond planning and 
preliminary engineering before FTA has issued either a categorical 
exclusion (refer to 23 CFR part 771.117(d)), a finding of no 
significant impact, or a final environmental impact statement. The 
conformity requirements of the Clean Air Act (40 CFR part 93) also must 
be fully met before the project may be advanced with non-Federal funds.
    Similarly, the requirement that a project be included in a locally 
adopted metropolitan transportation improvement program and federally 
approved statewide transportation improvement program must be followed 
before the project may be advanced with non-Federal funds. In addition, 
Federal procurement procedures, as well as the whole range of Federal 
requirements, must be followed for projects in which Federal funding 
will be sought in the future. Failure to follow any such requirements 
could make the project ineligible for Federal funding. In short, this 
increased administrative flexibility requires a grantee to make certain 
that no Federal requirements are circumvented through the use of pre-
award authority. If a grantee has questions or concerns regarding the 
environmental requirements, or any other Federal requirements that must 
be met before incurring costs, it should contact the appropriate 
regional office.
    Before an applicant may incur costs either for activities expected 
to be funded by New Start funds, or for Bus Capital projects not listed 
in this notice or previous notices, it must first obtain a written LONP 
from FTA. To obtain an LONP, a grantee must submit a written request 
accompanied by adequate information and justification to the 
appropriate FTA regional office.
D. Extension of Pre-Award Authority to New Start Projects Approved for 
Preliminary Engineering and/or Final Design
    New Starts Projects are required to follow a federally defined 
planning process. This process includes, among other things, FTA 
approval of entry of a project into preliminary engineering and 
approval to enter final design. The grantee requests for entry into 
preliminary engineering and the request for entry into final design 
both document the project and how it meets the New Starts criteria in 
detail. With FTA approval to enter preliminary engineering, and 
subsequently approval to enter final design, FTA will automatically 
extend pre-award authority to that phase of project development. The 
pre-award authority
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to incur costs for final design is strictly limited to design work. No 
capital items or right of way acquisition is included in this blanket 
pre-award authority.
    This is a new provision and is intended to streamline and eliminate 
duplicative and unnecessary paperwork and reinforce the importance of 
these new starts approval actions. New Starts construction or right-of-
way acquisition as well as New Starts planning funded with Section 5309 
funds not covered by preliminary engineering or final design approval 
still need to request letters of no prejudice as described below.
XVI. Letter of No Prejudice Policy (Prior Approval of Pre-Award 
Authority)
A. Policy
    Letter of No Prejudice (LONP) Policy authority allows an applicant 
to incur costs on a future project utilizing non-Federal resources with 
the understanding that the costs incurred subsequent to the issuance of 
the LONP may be reimbursable as eligible expenses or eligible for 
credit toward the local match should the FTA approve the project at a 
later date. LONPs are applicable to projects not covered by automatic 
pre-award authority. The majority of LONPs will be for Section 5309 New 
Starts funds not covered under a full funding grant agreement or for 
Section 5309 Bus funds not yet appropriated by Congress. At the end of 
an authorization period, there may be LONPs for formula funds beyond 
the life of the current authorization.
    Under most circumstances the LONP will cover the total project. 
Under certain circumstances the LONP may be issued for local match 
only. In such cases the local match would be to permit real estate to 
be used for match for the project at a later date.
B. Conditions
    The following conditions apply to all LONPs.
    (1) LONP pre-award authority is not a legal or moral commitment 
that the project(s) will be approved for FTA assistance or that FTA 
will obligate Federal funds. Furthermore, it is not a legal or moral 
commitment that all items undertaken by the applicant will be eligible 
for inclusion in the project(s).
    (2) All FTA statutory, procedural, and contractual requirements 
must be met.
    (3) No action will be taken by the grantee that prejudices the 
legal and administrative findings which the Federal Transit 
Administrator must make in order to approve a project.
    (4) Local funds expended by the grantee pursuant to and after the 
date of the LONP will be eligible for credit toward local match or 
reimbursement if FTA later makes a grant for the project(s) or project 
amendment(s).
    (5) The Federal amount of any future FTA assistance to the grantee 
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/local match ratio at the time the funds are obligated.
    (6) For funds to which this pre-award authority applies, the 
authority expires with the lapsing of the fiscal year funds.
C. Environmental, Planning, and Other Federal Requirements
    As with automatic pre-award authority, FTA emphasizes that all of 
the Federal grant requirements must be met for the project to remain 
eligible for Federal funding. Some of these requirements must be met 
before pre-award costs are incurred, notably the requirements of the 
National Environmental Policy Act (NEPA), and the planning 
requirements. Compliance with NEPA and other environmental laws or 
executive orders (e.g., protection of parklands, wetlands, historic 
properties) must be completed before state or local funds are spent on 
implementation activities such as final design, construction, or 
acquisition for a project expected to be subsequently funded with FTA 
funds. Depending on which class the project is included under in FTA's 
environmental regulations (23 CFR part 771), the grantee may not 
advance the project beyond planning and preliminary engineering before 
FTA has approved either a categorical exclusion (refer to 23 CFR part 
771.117(d)), a finding of no significant impact, or a final 
environmental impact statement. The conformity requirements of the 
Clean Air Act (40 CFR part 93) also must be fully met before the 
project may be advanced with non-Federal funds.
    Similarly, the requirement that a project be included in a locally 
adopted metropolitan transportation improvement program and federally 
approved statewide transportation improvement program must be followed 
before the project may be advanced with non-Federal funds. In addition, 
Federal procurement procedures, as well as the whole range of Federal 
requirements, must be followed for projects in which Federal funding 
will be sought in the future. Failure to follow any such requirements 
could make the project ineligible for Federal funding. In short, this 
pre-award authority requires a grantee to make certain that no Federal 
requirements are circumvented. If a grantee has questions or concerns 
regarding the environmental requirements, or any other Federal 
requirements that must be met before incurring costs, it should contact 
the appropriate regional office.
D. Request for LONP
    Before an applicant may incur costs for a project not covered by 
automatic pre-award authority, it must first submit a written request 
for an LONP to the appropriate regional office. This written request 
must include a description of the project for which pre-award authority 
is desired and a justification for the request.
XVII. FTA Home Page on the Internet
    FTA provides extended customer service by making available transit 
information on the FTA website, including this Apportionment Notice. 
Also posted on the website are FTA program Circulars: C9030.1C, 
Urbanized Area Formula Program: Grant Application Instructions, dated 
October 1, 1998; C9040.1E, Nonurbanized Area Formula Program Guidance 
and Grant Application Instructions, dated October 1, 1998; C9070.1E, 
The Elderly and Persons with Disabilities Program Guidance and 
Application Instructions, dated October 1, 1998; C9300.1A, Capital 
Program: Grant Application Instructions, dated October 1, 1998; 
4220.1D, Third Party Contracting Requirements, dated April 15, 1996; 
C5010.1C, Grant Management Guidelines, dated October 1, 1998; and 
C8100.1B, Program Guidance and Application Instructions for 
Metropolitan Planning Program Grants, dated October 25, 1996. The 
fiscal year 2000 Annual List of Certifications and Assurances is also 
posted on the FTA website. Other documents on the FTA website of 
particular interest to public transit providers and users include the 
1998 Statistical Summaries of FTA Grant Assistance Programs, and the 
National Transit Database Profiles.
    The FTA Home Page may be accessed at: [http://www.fta.dot.gov]. FTA 
circulars are listed at: [Circulars/Guidance]. 
Other guidance of interest to Grantees can be 
found at: [Grants & Financing].
    Grantees should check the FTA website frequently to keep up to date 
on new postings.
XVIII. FTA Fiscal Year 2000 Annual List of Certifications and 
Assurances
    The Fiscal Year 2000 Annual List of Certifications and Assurances 
is published in conjunction with the Apportionments, as per 49 U.S.C. 
section 5307(k). It appears as a separate
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Part of the Federal Register on the same date whenever possible. The 
fiscal year 2000 list contains several changes to the previous year's 
Federal Register publication. As in previous years, the grant applicant 
should certify electronically. Under certain circumstances the 
Applicant may enter its PIN number in lieu of an electronic signature 
provided by its Attorney, provided the Applicant has on file the 
current Affirmation of its Attorney in writing dated this Federal 
fiscal year. The applicant is advised to contact the appropriate FTA 
Regional Office for electronic procedure information.
    The fiscal year 2000 Annual List of Certifications and Assurances 
is accessible on the Internet at: http://www.fta.dot.gov/. Any 
questions regarding this document may be addressed to the appropriate 
Regional Office.
XIX. Grant Application Procedures
    All applications for FTA funds should be submitted to the 
appropriate FTA Regional Office. FTA utilizes an electronic grant 
application system known as TEAM and all applications should be filed 
electronically. FTA has provided exceptions to the requirement for 
electronic filing of applications for certain new, non-traditional 
grantees in the Job Access and Reverse Commute and Over the Road Bus 
programs as well as to a few grantees who have not successfully 
connected to or accessed TEAM. Formula and Capital Investment grant 
applications should be prepared in conformance with the following FTA 
Circulars: Program Guidance and Application Instructions for 
Metropolitan Planning Program Grants--C8100.1B, October 25, 1996; 
Urbanized Area Formula Program: Grant Application Instructions--
C9030.1C, October 1, 1998; Nonurbanized Area Formula Program Guidance 
and Grant Application Instructions--C9040.1E, October 1, 1998; Section 
5310 Elderly and Persons with Disabilities Program Guidance and 
Application Instructions C9070.1E, October 1, 1998; and Section 5309 
Capital Program: Grant Application Instructions--C9300.1A, October 1, 
1998. Guidance on preparation of applications for State Planning and 
Research funds may be obtained from each FTA Regional Office. Copies of 
circulars are available from FTA Regional Offices as well as the FTA 
Home Page on the Internet.
    Applications for STP or CMAQ ``flexible'' fund grants should be 
prepared in the same manner as for funds under the program to which 
they are being transferred. The application for flexible funds needs to 
specifically indicate the type and amount of flexible funds being 
transferred to FTA. The application should also describe which items 
are being funded with flexible funds, consistent with the Statewide 
Transportation Improvement Program (STIP).
    Issued on: October 21, 1999.
Gordon J. Linton,
Administrator.
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[FR Doc. 99-27924 Filed 10-27-99; 8:45 am]
BILLING CODE 4910-57-C