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[PDF Version]
[Federal Register: October 7, 1996 (Volume 61, Number 195)] [Notices] [Page 52499-52538] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Part II
Department of Transportation
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Federal Transit Administration
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FTA Fiscal Year 1997 Apportionments and Allocations; Notice
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FTA Fiscal Year 1997 Apportionments and Allocations
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
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SUMMARY: The Department of Transportation (DOT) and Related Agencies Appropriations Act, 1997 (Pub. L. 104-205 ), signed into law by President Clinton on September 30, 1996, provides fiscal year 1997 appropriations for the Federal Transit Administration transit assistance programs. Based upon this Act, this Notice contains a comprehensive list of apportionments and allocations of the various transit programs. This Notice includes the apportionment of fiscal year 1997 funds for the Urbanized Area Formula Program, the Nonurbanized Area Formula Program, the Elderly and Persons with Disabilities Program, the Capital Program for Fixed Guideway Modernization, the Metropolitan Planning Program and the State Planning and Research Program, based on the 1997 DOT Appropriations Act and Federal transit laws. This Notice also contains the allocations of funds for the New Starts and Bus categories under the Capital Program. Statutory limitations on the use of operating assistance are also included in this Notice. As in fiscal year 1996, this Notice also includes the funding level authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) for each program. In addition, the FTA policy regarding pre-award authority to incur project costs, as well as other pertinent information, is included in this Notice. For the first time, for information purposes, this Notice also contains the estimated state apportionment of fiscal year 1997 funds for the Federal Highway Administration (FHWA) Metropolitan Planning Program and State Planning and Research Program. Public Law 103-272, signed by President Clinton on July 5, 1994, codifies Federal transit laws under title 49, chapter 53, of the United States Code. This Notice uses the codified citations.
FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional Administrator for grant specific information and issues; Melton Baxter, Manager, Urbanized Area Formula Program and FTA Apportionments, Office of Resource Management and State Programs, (202) 366-2053, for general information about the Urbanized Area Formula Program (49 U.S.C. 5307), the Nonurbanized Area Formula Program (49 U.S.C. 5311), the Elderly and Persons with Disabilities Program (49 U.S.C. 5310), or the Capital Program (49 U.S.C. 5309); or Robert Stout, Director, Office of Planning Operations, (202) 366-6385, for general information concerning the Metropolitan Planning Program (49 U.S.C. 5303) and State Planning and Research Program (49 U.S.C. 5313(b)).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Codification of Federal Transit Laws II. Background III. Overview of Appropriations for Grant Programs A. General B. ISTEA Authorized Program Levels C. Project Management Oversight IV. Departmental Initiatives A. Livable Communities B. Intelligent Transportation Systems C. ADA Paratransit Service Implementation D. Consolidated Planning Grant E. Transit Oriented Development F. FTA Home Page on Internet V. Urbanized Area Formula Program (49 U.S.C. 5307) A. Total Urbanized Area Formula Apportionments B. Data Used for Urbanized Area Formula Apportionments C. Adjustments for Energy and Operating Efficiencies D. Designation of New Urbanized Area E. Urbanized Area Formula Fiscal Year 1997 Apportionments to Governors F. Urbanized Area Formula Operating Assistance Limitations G. Statewide Operating Assistance Limitations H. Designated Transportation Management Areas I. Urbanized Area Formula Funds Used for Highway Purposes VI. Nonurbanized Area Formula Program (49 U.S.C. 5311) and Rural Transit Assistance Program (RTAP) (49 U.S.C. 5311(b)(2) A. Nonurbanized Area Formula Program B. Rural Transit Assistance Program (RTAP) VII. Elderly and Persons With Disabilities Program (49 U.S.C. 5310) VIII. Surface Transportation Program ``Flexible'' Funds used for Transit Purposes (Title 23, U.S.C.) A. Transfer Process B. Matching Share for Flexible Funds C. Other Funds Transferred to FTA IX. Capital Program (49 U.S.C. 5309) A. Fixed Guideway Modernization B. New Starts C. Bus X. Unit Values of Data for Section 5307 Urbanized Area Formula Program,, Section 5311 Nonurbanized Area Formula Programs, and Section 5309(m)(1)(A) Fixed Guideway Modernization Formula XI. Metropolitan Planning Program (49 U.S.C. 5303) and State Planning and Research Program (49 U.S.C. 5313(b)) A. Metropolitan Planning Urbanized Area 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. Planning Emphasis Areas (PEAs) XII. Period of Availability of Funds XIII. Notice of Pre-Award Authority to Incur Project Costs A. Background B. Current Coverage C. Conditions D. Environmental and Other Requirements XIV. Electronic Grant Making and Management Initiatives: Fiscal Year 1997 and Beyond A. Background B. On-Line Grantee Program C. Electronic Grant Making and Management (EGMM) D. Electronic Signature of Certifications and Assurances E. Future EGMM Expansion XV. Quarterly approval of grants XVI. Grant application procedures
Tables 1. FTA FY 1997 appropriations and ISTEA authorizations for grant programs 2. FTA FY 1997 section 5307 urbanized area formula apportionments and ISTEA authorized levels 3. FTA FY 1997 section 5311 nonurbanized area formula apportionments, section 5311(b) rural transit assistance program (RTAP) allocatons, and ISTEA authorized levels 4. FTA FY 1997 section 5310 elderly and persons with disabilities apportionments and ISTEA authorized levels 5. FTA FY 1997 section 5309(m)(1)(A) fixed guideway modernization formula apportionments and ISTEA authorized levels 6. FTA FY 1997 section 5309 new start allocations 7. FTA FY 1997 section 5309(m)(1)(C) bus allocations 8. FTA FY 1997 section 5303 Metropolitan Planning Program and section 5313(b) state planning and research program 9. FHWA FY 1997 Metropolitan Planning Program and FY 1997 State Planning and Research Program 10. Federal Transit Administration--Unit values of data--FY 1997 formula grant apportionments
I. Codification of Federal Transit Laws
On July 5, 1994, President Clinton signed Public Law 103-272, which codifies Federal transit laws at title 49, chapter 53 of the United States Code.
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The enactment of Public Law 103-272 repeals the FT Act of 1992, as amended (the Act), without substantive changes to programs. The original meaning of the Act's provisions are unchanged by this codification, even though the new Public Law 103-272 language, in some instances, differs from that of the Act. The codification now includes laws enacted through July 5, 1994. Additional provisions enacted after that date, and revisions to title 49, chapter 53, will be reflected in subsequent legislation now being considered in Congress. This Notice accordingly uses the new form of citation. Listed below are the most commonly used citations:
------------------------------------------------------------------------ Subject 49 U.S.C. section ------------------------------------------------------------------------ Capital Program.......................... 5309 Metropolitan Planning Program............ 5303 Urbanized Area Formula Program........... 5307 Transit Employee Protective Certification 5333(b) National Transit Database................ 5335 Elderly and Persons with Disabilities 5310 Program. Nonurbanized Area Formula Program........ 5311 Rural Transit Assistance Program (RTAP).. 5311(b)(2) State Planning and Research Program...... 5313(b) ------------------------------------------------------------------------
II. Background
Urbanized Area Formula Program funds are apportioned by statutory formula to urbanized areas and to the Governors to provide capital, operating and planning assistance in urbanized areas. Nonurbanized Area Formula Program funds are apportioned by statutory formula to the Governors for capital and operating assistance in nonurbanized areas. The Elderly and Persons with Disabilities Program funds are apportioned by statutory formula to the Governors to provide capital assistance to organizations providing transportation service for the elderly and persons with disabilities. Fixed Guideway Modernization Formula funds are apportioned by statutory formula to specified urbanized areas for capital improvements in rail and other fixed guideways. Funds appropriated for the Metropolitan Planning Program are apportioned by a statutory formula to the Governors for allocation by them to Metropolitan Planning Organizations (MPOs) in urbanized areas or portions thereof. Appropriated funds for the State Planning and Research Program also are apportioned to States by a statutory formula. New Start funds identified for specific projects in the 1997 DOT Appropriations Act and Bus fund allocations in the accompanying Conference Report are also included in this Notice.
III. Overview of Appropriations for Grant Programs
A. General
In fiscal year 1997, the appropriation for the Urbanized Area Formula Program and the Nonurbanized Area Formula Program is $2,093,143,761. Of this amount, 94.50 percent ($1,978,020,854) is made available to the Urbanized Area Formula Program, and 5.50 percent ($115,122,907) is made available to the Nonurbanized Area Formula Program. The other program appropriations contained in this Notice are as follows: $4,500,000 for the Rural Tra Transit Assistance Program (RTAP); $56,041,239 for the Elderly and Persons with Disabilities Program; $39,500,000 for the Metropolitan Planning Program; $8,250,000 for the State Planning and Research Program; and $1,900,000,000 for the Capital Program. Of the Capital Program amount, $760,000,000 is for Fixed Guideway Modernization, $760,000,000 is for New Starts, and $380,000,000 is for Bus. Table 1 displays the amounts appropriated for these programs, including adjustments and final apportionment/allocation amounts. The text following this table provides a narrative explanation for the funding levels and other factors affecting these apportionments/allocations.
B. ISTEA Authorized Program Levels
As in fiscal year 1996, FTA is publishing the formula apportionment and allocation tables that compare the maximum program level proposed in the ISTEA authorization law for fiscal year 1997 and the actual program funds appropriated by Congress for fiscal year 1997. The first set of columns shows the actual appropriation as apportioned for this fiscal year, and the second set of columns shows the authorization level. The funding level available to an urbanized area or State for obligation is the appropriated amount as apportioned to the area. The authorized level does not represent funds that are actually available during the fiscal year. Rather, it reflects the maximum dollar amount authorized in ISTEA for which funds can be appropriated by Congress for a particular fiscal year. C. Project Management Oversight 49 U.S.C. 5327 allows the Secretary of Transportation to use not more than one-half of one percent of the funds made available under the Capital Program, the Urbanized Area Formula Program, the Nonurbanized Area Formula Program, the National Capital Transportation Act, as amended, and an additional one-quarter of one percent of Capital Program funds, to contract with any person to oversee the construction of any major project under these statutory programs and to conduct safety, procurement, management and financial reviews and audits. Therefore, one-half of one percent of the funds appropriated for the Urbanized Area Formula Program, the Nonurbanized Area Formula Program and the National Capital Transportation Act, as amended, for fiscal year 1997, and three-quarters of one percent of Capital Program funds have been reserved for these purposes before apportionment of the funds.
IV. Departmental Initiatives
A. Livable Communities
The FTA developed the Livable Communities Initiative to encourage a stronger link between transit and communities. FTA is promoting the development of community-sensitive transit facilities and services in order to increase transit ridership, improve personal mobility and enhance the quality of life in communities. Active community involvement in the planning and design process is essential in developing more community-sensitive transit, and planning methods need to be more responsive to community concerns. Community-sensitive transit is customer-friendly, community-oriented and designed to function effectively within the community. Customer-friendly transit provides readily available information, safety and security measures. Real-time customer information, monitoring devices, help zones and improved lighting are illustrative characteristics. Community-oriented transit incorporates on-site services such as child care, public safety, health care and retail conveniences. Well-designed transit, from the perspective of more livable communities, improves pedestrian access, increases the person-carrying capacity of local transportation networks, and reflects the aesthetic and historic character of communities. More community-sensitive transit may result in increased transit ridership, reduced single occupant vehicle trips and improved air quality. In fiscal year 1996, FTA awarded a number of capital grants to implement projects which reflected the characteristics of community-sensitive transit. The Livable Communities Initiative recognizes the important role that local land use and transportation policy can play in improving the effectiveness of
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transit. These are important tools in promoting transit facilities and services which help to make communities more livable. Mixed use development around transportation nodes combined with parking management, priority access for transit vehicles and transit pass programs can significantly reduce auto trips and increase transit ridership. FTA is asking transit agencies to work with local governments, employers and the business community in implementing transit-supportive land use and transportation strategies through the metropolitan planning process. FTA urges grantees to incorporate the concepts of the Livable Communities Initiative into the planning and capital projects financed with Federal assistance identified in this Notice and funds transferred as permitted by the flexible funding provisions of ISTEA. In addition, FTA urges grantees to consider incorporating quality design and art into transit projects funded with FTA assistance. FTA Circular C9400.1A, Design and Art and Transit Projects, June 9, 1995 provides more detail on this matter.
B. Intelligent Transportation Systems
The Department of Transportation is actively promoting the development of Intelligent Transportation Systems (ITS) which apply advanced computer, communication, information and navigation technologies to surface transportation. ITS technologies improve transit operating efficiency and make transit customer-friendly and easier to use. ITS represents a significant step in the advancement of transit technology, and demonstration projects of the past few years have proven that significant benefits are possible. These initial successes have set the stage for the broader ITS deployments being developed today. As transit ITS expands from research and demonstration to full- scale implementation, transit operators around the country are recognizing that ITS offers as much--if not more--to the transit industry as it does to other transportation modes. ITS improves transit operational efficiency in a variety of ways. In Kansas City, Automatic Vehicle Location technology has helped the Kansas City Area Transit Authority decrease capital costs by approximately $1.8 million and operating costs by $400,000 annually. The introduction of Smart Cards in the Metropolitan Atlanta Rapid Transit Authority rail stations is estimated to save $2.4 million in annual cash handling costs. Several transit operators are also exploring the use of ITS vehicle location technology to assist with Americans with Disabilities Act (ADA) compliance by coordinating timed transfers between fixed-route and paratransit services. ITS improves customer service in a variety of ways. For example, at bus stops: letting customers know if the bus just left or is about to arrive; on board vehicles: using in-vehicle signs and enunciator systems informing passengers of upcoming stops; at transfer points: sending hold notification to vehicles so passengers do not miss their transfers; during emergencies: using an emergency response system to direct immediate help to vehicles in distress; and at the farebox: enabling patrons to use a common fare card for all transit services in a region. It is important that transit agencies consider the application of these ITS technologies as current planning and capital programs are developed. Authorities planning to purchase equipment such as radios, in-vehicle signs, fare boxes, passenger counters or any other electronic hardware, should consider the gains from integrating state- of-the-art technologies. Applications of ITS technologies are enhanced if they are integrated among multiple transit agencies and with ITS traffic management systems. Traveler information systems for all customers are enhanced by providing both transit and highway information. Such systems include data which is readily and freely shared between the transit and highway ITS systems. By integrating these systems, an ``Intelligent Transportation Infrastructure'' of technology will be created providing maximum benefits to all travelers, including those who use transit within metropolitan areas. As requests for funding assistance are received by the FTA and other USDOT modal administrations, they will be reviewed with an intent toward ensuring that all surface transportation modes using or planning ITS systems share data to realize the fullest advantages of these systems. Metropolitan Planning Organizations, state Departments of Transportation, and transit authorities are encouraged to cooperate in the planning, design, acquisition, deployment and operation of ITS systems and to recognize the great potential of transit ITS applications. These organizations are also encouraged to ensure that transit ITS is fully integrated among transit agencies and with other ITS applications such as traffic management and traffic information systems. It is important that decision makers keep their options open in specifying and procuring ITS systems so future enhancements and modal integrations may be readily added onto systems without costly modifications. It is critical that consideration of ITS technologies occur within the context of the planning process, which includes long range planning, regional planning studies, corridor and subarea studies (major investment studies), preliminary engineering, operations planning and management systems. These considerations should be reflected in the transportation plan, the Transportation Improvement Program, and Unified Planning Work Program. Central to this process is the identification of problems and their underlying causes so that appropriate solutions can be found. ITS strategies should be considered along with traditional alternatives which address transportation problems. In this way the costs and benefits of ITS and other strategies can be assessed so that the optimum mix of solutions can be determined. For further information, please contact the appropriate FTA Regional Administrator.
C. ADA Paratransit Service Implementation
Reduction of Paperwork for ADA Paratransit Plan Updates. To reduce paperwork and the administrative burden of regulation, on May 21, 1996 (see 61 Federal Register 25409), the DOT amended its regulation, 49 CFR Part 37, implementing the transportation provisions of the Americans with Disabilities Act of 1990 (ADA). The DOT eliminated the annual ADA paratransit plan update submission requirement, 49 CFR Section 37.135(c), for those systems that have fully implemented ADA paratransit service. In 1996, almost all of the 530 systems report full implementation. ADA paratransit service is to be fully implemented by January 26, 1997. Full implementation means that all of the six ADA paratransit service requirements listed in Section 37.131 (service area, response time, fares, trip purpose, hours/days of service, and capacity constraints) have been met. If the transit authority has fully implemented these requirements, an annual update or progress report is no longer required. Further, the public hearing on the annual plan update is no longer required. All that is required of an FTA grantee is to complete the fiscal year 1997 Annual List of Certifications and Assurances, Category I, part G, which is an Assurance of Nondiscrimination on the Basis of Disability. However, if the ADA
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paratransit service requirements will not be met by January 26, 1997, an applicant for funding must notify the appropriate FTA regional office in writing, submit a 1997 plan update to FTA by January 26, 1997, and submit a temporary time extension request to FTA to continue to remain eligible for federal funding. As of October 1, 1996, the FTA has not received any requests for a temporary time extension based on undue financial burden during the last three years.
D. Consolidated Planning Grant (CPG)
Beginning in fiscal year 1997, FTA and FHWA will offer the states the opportunity to participate in a pilot Consolidated Planning Grant (CPG) program. This concept is consistent with the American Association of State Highway and Transportation Officials policy endorsing consolidation of FHWA and FTA planning funds and with comments received from our customers during ISTEA outreach meetings. A consolidated grant will accomplish three important goals. First, it will result in one set of grant application and reporting procedures and one billing process, thereby streamlining the program. Second, the non-mode-specific nature of a consolidated grant will enhance the multimodal approach to transportation planning envisioned in ISTEA and the joint planning regulations. Finally, as the two agencies move toward greater streamlining, the cooperative effort required for unified delivery will reduce duplication of effort and increase FHWA and FTA staff time available for customer service. In response to suggestions to streamline and consolidate the highway and transit planning programs, FTA and FHWA will initiate a pilot program to demonstrate this consolidated grant concept and invite the states' participation in the pilot. The CPG is intended to incorporate some of the most ``customer-friendly'' aspects of the FTA and FHWA separate processes. Under this pilot, the State's FHWA Metropolitan Planning funds and, at a State's request, the planning portion of FHWA's State Planning and Research funds and other Title 23, USC funds that may be used for metropolitan and statewide planning (i.e. Minimum Allocation, Funding Restoration, National Highway System (NHS), and/or STP), would be made available to FTA, similar to the process used for flexible STP funds. For information purposes, estimates of the FHWA Metropolitan Planning funds and the FHWA State Planning and Research funds, 75% of which is available for planning, are included in Table 9. The FHWA funds would be combined with FTA's counterpart planning funds and awarded electronically as a consolidated grant through FTA's Electronic Grant Making and Management (EGMM) System. States would submit a single claim for reimbursement to FTA. FHWA/FTA oversight and administrative responsibilities will be mutually agreed to by the affected field offices. Currently, all states are connected to the FTA Grants Management Information System which supports EGMM. EGMM software, training and support are available at no cost for any state wishing to utilize EGMM to apply for and receive consolidated planning grant funds. Both the FTA and the FHWA view this pilot as a critical element in our efforts to ``redefine government'' and provide better customer service. We will receive expressions of interest through either the FTA Regional Office or FHWA Division Office.
E. Transit-Oriented Development
FTA is encouraging local governments and transit agencies to implement transit-oriented development around transit sites. This type of development includes mixed uses, carefully managed parking and good pedestrian access, and is within easy walking distance of the transit facilities. Transit-Oriented Development on property owned by transit agencies promotes transit use and provides a source of income for transit operations. For example, some transit agencies lease air rights or ground space at transit stations for retail centers, day care facilities or news stands. To facilitate greater opportunities for joint development at transit sites, DOT has approved individual exceptions to the Federal government's Common Grant Rule for transit agencies in Washington, D.C.; Portland, Oregon; and Atlanta, Georgia. These three pilots may now involve the sell of unneeded property for transit-oriented development on that property, and use the income for transit-related capital and operational purposes.
F. FTA Home Page on the Internet
FTA in its efforts to provide better customer service and broaden the availability of FTA information has established an FTA Home Page on the Internet. This apportionment Notice as well as FTA program circulars (Section 5309 Capital Program: Grant Application Instructions--C9300.1, September 29, 1995; Section 18 Program Guidance--9040.1C (now Section 5311 Nonurbanized Area Formula Program), November 3, 1992; Section 16 Capital Assistance Program Guidance, 9070.1C, (now Section 5310 Elderly and Persons with Disabilities Program), December 23, 1992; Grant Management Guidelines, C5010.1B, September 7, 1995; and Third Party Contracting Requirements, C4220.1D, April 15, 1996) are contained therein. The FTA Home Page may be reached through the DOT Home Page at the following address: http://www.fta.dot.gov.
V. Urbanized Area Formula Program (49 U.S.C. 5307)
A. Total Urbanized Area Formula Apportionments
In addition to the appropriated fiscal year 1997 Urbanized Area Formula funds of $1,978,020,854, the apportionment also includes $8,031,253 in deobligated funds which have become available for reapportionment for the Urbanized Area Formula Program as provided by 49 U.S.C. 5336(i). Table 2 displays the amount apportioned for the Urbanized Area Formula Program. After the one-half percent for project management oversight is reserved ($9,890,104), the amount appropriated for this program is $1,968,130,750. The funds to be reapportioned, described in the previous paragraph, have then been added. Thus, the total amount apportioned for this program is $1,976,162,003.
B. Data Used for Urbanized Area Formula Apportionments
Data from the 1995 National Transit Database (49 U.S.C. 5335) Report Year submitted in late 1995 and early 1996 have been used to calculate the fiscal year 1997 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. Adjustments for Energy and Operating Efficiencies
49 U.S.C. 5336(b)(2)(E) provides that, if a recipient of Urbanized Area Formula Program funds demonstrates to the satisfaction of the Secretary that energy or operating efficiencies would be achieved by actions that reduce revenue vehicle miles but provide the same frequency of revenue service to the same number of riders, the recipient's apportionment under 49 U.S.C. 5336(b)(2)(A)(i) shall not be reduced as a result of such actions. One recipient has submitted data acceptable to FTA in
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accordance with this provision. Accordingly, the revenue vehicle miles used in the Urbanized Area Formula database to calculate the fiscal year 1997 Urbanized Area Formula apportionment reflect the amount the recipient would have received without the reductions in mileage.
D. Designation of New Urbanized Area
In fiscal year 1996, Flagstaff, Arizona, was designated an urbanized area by a special census review. This newly urbanized area is included for the first time in the Arizona Governor's apportionment for urbanized areas under 200,000 in population and is no longer eligible for inclusion in Section 5311 grants obligated in fiscal year 1997 and beyond.
E. Urbanized Area Formula Fiscal Year 1997 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 on Table 2. Table 2 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 H, 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.
F. Urbanized Area Formula Operating Assistance Limitations
The fiscal year 1997 limitations on the amount of Urbanized Area Formula funds that may be used for operating assistance are shown on Table 2 with the fiscal year 1997 apportionment. The operating assistance limitations for all urbanized areas have been adjusted by 49 U.S.C. 5336(d)(2) to reflect the increase in the Consumer Price Index (CPI) for all urban consumers during the most recent calendar years. The CPI Detailed Report, December 1995, published by the Department of Labor (DOL), establishes that the calendar year 1995 CPI increase for all urban consumers is 2.5 percent. This increase was applied against the base operating assistance limitation calculated in accordance with 49 U.S.C. 5336(d)(2). In addition, Flagstaff, Arizona, the new urbanized area designated by special census, has been given an operating assistance limitation of two-thirds of its apportionment, consistent with the provision of 49 U.S.C. 5336(d)(1). These adjustments result in an overall national fiscal year 1997 authorized operating assistance limitation level of $1,140,989,706. However, the 1997 DOT Appropriations Act limits the nationwide availability for operating assistance to a maximum of $400,000,000. Further, it maintains the level of transit operating assistance to urbanized areas of less than 200,000 in population at seventy-five percent of the amount of operating assistance such areas received in fiscal year 1995. Accordingly, the operating assistance limitation published in this Notice takes into account both the 1997 DOT Appropriations Act and Federal transit laws. Therefore, the higher operating assistance limitation as authorized under Federal transit laws ($1,140,990,224) was reduced to the $400,000,000 required by the 1997 DOT Appropriations Act by taking a pro rata reduction across all categories of grantees. Further, the operating assistance limitation to urbanized areas less than 200,000 in population was adjusted to $92,949,803 or seventy-five percent of the amount of their fiscal year 1995 level of $123,933,070. The operating assistance limitation of $85,791 for Flagstaff, Arizona (a newly designated urbanized area) was then added, thereby increasing the fiscal year 1997 level for these areas to $93,035,594. The remaining $306,964,406 of the $400,000,000 was prorated to urbanized areas above 200,000 in population, as authorized by the 1997 DOT Appropriations Act. Consistent with the 1997 Conference Report, the Secretary hereby directs each area of 1,000,000 or more in population to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area, and to consider the needs and resources of such transit authorities when the limitation is distributed among all transit authorities operating in the area.
G. Statewide Operating Assistance Limitations
49 U.S.C. 5307(f) specifies that in any case in which a statewide agency or instrumentality is responsible under State laws for the financing, construction and operation, directly, by lease, contract or otherwise, of public transportation services, and when such statewide agency or instrumentality is the designated recipient of FTA funds, and when the statewide agency or instrumentality provides service among two or more urbanized areas, the statewide agency or instrumentality shall be allowed to apply for operating assistance up to the combined total permissible amount of all urbanized areas in which it provides service, regardless of whether the amount for any particular urbanized area is exceeded. However, the amount of operating assistance provided for another State or local transportation agency within the affected urbanized areas may not be reduced.
H. 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. 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 may be designated as TMAs upon the request of the Governor and the MPO designated for such area or the affected local officials. As of October 1, 1996, two additional TMAs have been formally designated: Petersburg, Virginia, comprised solely of the Petersburg, Virginia, urbanized area; and Santa Barbara, Santa Maria, and Lompoc, California, which were combined and designated as one 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 would include 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 would only have 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
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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 7th 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. 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). ------------------------------------------------------------------------
I. Urbanized Area Formula Funds Used for Highway Purposes
Urbanized Area Formula funds apportioned to a TMA, except for those amounts which can be used for the payment of operating expenses, are also available for highway projects if the following three conditions are met: (1) such use must be approved by the MPO 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 (ADA) of 1990; and (3) funds may be available for highway projects under title 23, U.S.C., only if funds used for the State or local share of such highway projects are eligible to fund either highway or transit projects. Urbanized Area Formula funds which are designated for highway projects will be transferred to and administered by the Federal Highway Administration (FHWA). The MPO should notify FTA of its intent to program FTA funds for highway purposes.
VI. Nonurbanized Area Formula Program (49 U.S.C. 5311) and Rural Transit Assistance Program (RTAP) (49 U.S.C. 5311(b)(2))
A. Nonurbanized Area Formula Program
The fiscal year 1997 Nonurbanized Area Formula apportionments to the states totaling $116,158,383 are displayed in Table 3. Of the $115,122,907 appropriated, one-half percent ($575,615) was reserved for project management oversight. In addition to the current appropriation, the funds available for apportionment included $1,611,091 consisting of deobligated funds from fiscal years prior to 1994. The population figures used in calculating these apportionments are from the 1990 Census. The database for the State of Arizona has been adjusted to account for Flagstaff, Arizona, a newly designated urbanized area that is no longer eligible for Nonurbanized Area Formula grants. The Nonurbanized Formula Program provides capital, operating and administrative assistance for areas less than 50,000 in population. Each State must spend no less than 15 percent of its fiscal year 1997 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 1997 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 1997 RTAP allocations to the States totaling $4,566,568 are also displayed on Table 3. This amount includes $4,500,000 in fiscal year 1997 appropriated funds, and $66,568 in prior year deobligated funds which have become available for reallocation for this program. 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. Elderly and Persons With Disabilities Program (49 U.S.C. 5310)
A total of $56,059,007 is apportioned to the States for fiscal year 1997 for the Elderly and Persons with Disabilities Program. In addition to the fiscal year 1997 appropriation of $56,041,239 the fiscal year 1997 apportionment also includes $17,768 in prior year unobligated funds which have become available for reapportionment for the Elderly and Persons with Disabilities Program. Table 4 shows each State's apportionment. The formula for apportioning these funds uses 1990 Census population data for persons aged sixty-five 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 non-profit organizations in the area are not 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 ``Flexible'' Funds Used for Transit Purposes (Title 23, U.S.C.)
A. Transfer Process
``Flexible'' DOT funds, such as Surface Transportation Program (STP) funds, Congestion Mitigation and Air Quality (CMAQ) funds, or others, which are designated for use in transit projects, are transferred from the FHWA to FTA after which FTA approves the project and awards a grant. Flexible funds designated for transit projects must result from the local and state planning and programming process, and must be included in an approved State Transportation Improvement Program
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(STIP) before the funds can be transferred. In order to initiate the transfer process, the grantee must submit a completed application to the FTA Regional Office, and must notify the state highway/ transportation agency that it has submitted an application which requires a transfer of funds. Once the state highway/transportation agency determines that the state has sufficient obligation authority, the State agency notifies FHWA that the funds are to be used for transit purposes and requests that the funds be obligated by FHWA as a transfer project to FTA. The flexible funds transferred to FTA will be placed in an urbanized area or state account for one of the three existing formula programs--Urbanized Area, Elderly and Persons with Disabilities, or Nonurbanized Area. The flexible funds are then treated as FTA formula funds, although they retain a special identifying code. They may be used for any purpose eligible under these FTA programs except for operating expenses. All FTA requirements are applicable to transferred funds. Flexible funds should be combined with regular FTA formula funds in a single annual grant application.
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 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 ten percent program limitation.
C. Other Funds Transferred to FTA
Certain demonstration projects authorized in Title 23 are specified to be used for transit projects and are more appropriately administered by FTA. In such cases, FHWA has transferred the funds to FTA for administration. Since these funds are not STP flexible funds, they are transferred into the appropriate Capital Program category (Bus, New Starts, or Fixed Guideway Modernization) for obligation and are administered as Capital projects.
IX. Capital Program (49 U.S.C. 5309)
A. Fixed Guideway Modernization
Fixed Guideway Modernization funds are allocated by formula. Statutory percentages were established to allocate the first $497,700,000 to 11 fixed guideway areas. The next $70,000,000 is allocated one-half to these 11 urbanized areas and one-half to other urbanized areas with fixed guideways which are at least seven years old on the basis of the Urbanized Area Formula Program fixed guideway tier formula factors. The remaining funds are allocated to all of these urbanized areas as one universe. For fiscal year 1997, $760,000,000 was appropriated for fixed guideway modernization. After deducting the three-quarter percent for oversight ($5,700,000), $754,300,000 is available for apportionment to the specified urbanized areas for Fixed Guideway Modernization funding. Table 5 displays these apportionments. Fixed Guideway Modernization funds apportioned for this section must be used for capital projects to 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 these 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.
B. New Starts
The fiscal year 1997 appropriation for New Starts is 760,000,000. In addition, Congress reprogrammed $56,956,000 in unobligated New Starts funds originally appropriated in fiscal years 1992 and 1995, yielding an overall total of $816,956,000. This entire amount was allocated to projects specified in the 1997 DOT Appropriations Act. After applying the three-quarter percent reduction to the appropriated amount ($760,000,000) for project management oversight, $811,256,000 remains available for allocation. The amount of the project management oversight reduction ($5,700,000) is subtracted on a prorata basis from all 54 projects specified in the 1997 legislation. The final allocation for these projects is contained in Table 6 of this Federal Register Notice. Also provided in the table are prior year unobligated allocations for New Starts.
C. Bus
The fiscal year 1997 appropriation for Bus is $380,000,000 for the purchase of buses, bus-related equipment and paratransit vehicles, and for the construction of bus-related facilities. After deducting the three-quarter percent for oversight ($2,850,000), $377,150,000 remains available for projects. The Conference Report accompanying the 1997 DOT Appropriations Act earmarked all of the fiscal year 1997 Bus funds to specified states or localities for bus and bus-related projects. In three instances where funds were earmarked to States, the funds were further suballocated to local entities within these states. The Conference Report also includes the multi-year ISTEA earmarks. Because the three-quarter percent for project management oversight was subtracted from the amount appropriated, each bus project identified in the Conference Report receives three-quarter percent less than the funding level contained in the report. No funds remain available for discretionary allocation by the Federal Transit Administrator. Table 7 displays the allocations of the fiscal year 1997 Bus funds by area and also shows prior year unobligated earmarks for the Bus Program.
X. Unit Values of Data for the Section 5307 Urbanized Area Formula, Section 5311 Nonurbanized Area Formula Programs, and Section 5309(m)(1)(A) Fixed Guideway Modernization Formula
For technical assistance purposes, the dollar unit values of data derived from the computations of the Urbanized Area Formula and Nonurbanized Area Formula Programs, and the Fixed Guideway Modernization Formula
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apportionments are included in this Notice on Table 10. To determine how a particular apportionment amount was developed, areas may multiply their population, population density, and data from the National Transit Database by these unit values.
XI. Metropolitan Planning Program (49 U.S.C. 5303) and State Planning and Research Program (49 U.S.C. 5313(b))
A. Metropolitan Planning Urbanized Area Program
The fiscal year 1997 Metropolitan Planning apportionments to States for MPOs to be used in urbanized areas total $40,172,643. This amount includes $39,500,000 in fiscal year 1997 apportioned funds, and $672,643 in prior year deobligated funds which have become available for reallocation for this program. A basic allocation of 80 percent of this amount $32,138,114 is distributed to the States based on the State's urbanized area population for subsequent State distribution to each urbanized area, or parts thereof, within each State. A supplemental allocation of the remaining 20 percent $8,034,529 is also provided to the States based on an FTA administrative formula to address planning needs in the larger, more complex urbanized areas. Table 8 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 1997 apportionments for the State Planning and Research Program total $8,279,228. This amount includes $8,250,000 in fiscal year 1997 apportioned funds, and $29,228 in prior year deobligated funds which have become available for reallocation to this program. Final State apportionments for this program are also contained on Table 8. This is the sixth year of a consolidated program which is apportioned to the States for the purpose of such activities 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 information purposes, the estimated State apportionments for the FHWA Metropolitan Planning Program and State Planning and Research Program are contained in Table 9.
E. Planning Emphasis Areas (PEAs)
The PEAs are aids to the States and MPOs in the development of planning work programs. They are advisory and are intended to serve FTA, FHWA, and the rest of the Department as a means of helping to meet national transportation needs and implementing national transportation policy. The last PEAs were issued by the FTA and the FHWA on July 11, 1994. These remain in effect until changed, which is expected some time during early fiscal year 1997. The PEAs currently under development will highlight program objectives identified jointly by FTA and FHWA including, but not limited to: ITS, multimodalism, innovative services, innovative financing, partnering, and the need for community sensitive transportation planning that considers social, environmental, economic, land-use and other quality of life factors early in the development process.
XII. Period of Availability of Funds
The funds apportioned under the Urbanized Area Formula Program, Fixed Guideway Modernization Formula, Metropolitan Planning and State Planning and Research Programs in this Notice will remain available to be obligated by FTA to recipients for three (3) fiscal years following fiscal year 1997. Any of these apportioned funds unobligated at the close of business on September 30, 2000, 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 (2) fiscal years following fiscal year 1997. Any such funds remaining unobligated at the close of business on September 30, 1999, 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, 1997. 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 1996 DOT Appropriations Act includes a provision requiring that fiscal year 1996 New Starts and Bus funds not obligated for their original purpose as of September 30, 1998, shall be made available for other discretionary projects within the respective categories of the Capital Program. Similar provisions in the 1994 and 1995 DOT Appropriations Acts required that fiscal year 1994 Bus and New Start funds that are not obligated by September 30, 1996, shall also be made available for other discretionary Bus or New Start projects, respectively, and fiscal year 1995 Bus and New Start funds unobligated by September 30, 1997, shall be made available for other discretionary Bus or New Start projects, respectively.
XIII. Notice of Pre-Award Authority To Incur Project Cost
A. Background
FTA is engaged in an ongoing effort to streamline and simplify the administration of its programs. To this end, the agency expanded the authority extended to grantees to incur costs for operating assistance projects prior to grant award to cover planning and capital costs as well. In fiscal year 1994 FTA extended this authority to non-operating projects funded with current year apportioned formula funds. This automatic pre-award spending authority permitted 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.
B. Current Coverage
In fiscal year 1997, authority to incur costs for Fixed Guideway Modernization Formula, Metropolitan
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Planning, Urbanized Area Formula, Elderly and Persons with Disabilities, Nonurbanized Area Formula, and State Planning and Research in advance of possible future Federal participation applies to fiscal year 1997 FTA funds apportioned in this Notice for the programs listed above. Carryover amounts for these programs are also included in this authority. This pre-award authority is also extended to projects intended to be funded with STP or CMAQ funds transferred to FTA in fiscal year 1997, provided that the projects are included in a Federally approved STIP. Pre-award authority applies to flexible funds prior to transfer to FTA if the conditions below are met. This pre- award authority also applies to Capital Bus funds identified in this Notice. The pre-award authority does not apply to Capital New Start funds.
C. Conditions
Similar to the FTA Letter of No Prejudice (LONP) authority, the conditions under which this authority may be utilized are specified below: (1) This pre-award authority is not a legal or moral commitment that the project(s) will be approved for FTA assistance or that the 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 which 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 this authority will be eligible for credit toward local match or reimbursement if the 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 authority applies, the authority expires with the lapsing of fiscal year 1997 funds.
D. Environmental and Other 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). 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 advanced 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 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 51) 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 transportation improvement program, 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 thereby. 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 activities requiring funding beyond fiscal year 1997, it must first obtain a written LONP from the FTA. To obtain an LONP, a grantee must submit a written request accompanied by adequate information and justification to the appropriate FTA regional office.
XIV. Electronic Grant Making and Management Initiatives: Fiscal Year 1997 and Beyond
A. Background
As a result of the National Performance Review and the FTA strategic planning process, the FTA will continue to implement a series of automation improvements in the planning, development, grant making and management process which are designed to improve customer service and efficiency of program delivery. Known as the Electronic Grant Making and Management (EGMM) initiative, steps are underway to provide a streamlined graphic user interface between grantees and FTA which will allow complete electronic application submission, review, approval, and management of all grants. The ultimate goal is to have in place a fully electronic, user-friendly, paperless process for awarding and managing Federal transit assistance programs involving grants and cooperative agreements.
B. On-Line Grantee Program
The On-Line Grantee Program enables grantee agencies to access the FTA Grants Management Information System (GMIS) data base via a toll free telephone connection. With this access grantee agencies can inquire about grant and fund status, file required financial and narrative grant status reports and make annual certifications and assurances through GMIS. Over 480 of FTA's approximately 700 grantees are currently ``on-line''.
C. Electronic Grant Making and Management (EGMM)
This initiative streamlines the entire FTA grant making and management process through a paperless electronic grant application, review, approval, acceptance and management process. During Fiscal Year 1996, 34 grantee agencies participated in the FTA EGMM program. These grantees utilized EGMM to electronically develop, submit, and manage their grants during the full life cycle of the grant via grantee computer station connections to the FTA GMIS computer using a modem and a toll free telephone connection. Any agency interested in participating in the EGMM program should contact the appropriate FTA Regional Office.
D. Electronic Signature of Certifications and Assurances
The FTA is required by U.S.C. 5307 as well as other laws and regulations to obtain specific certifications and assurances for its programs. Annually, since fiscal year 1995, FTA compiled the certifications and assurances applicable to the FTA programs into one document published in the Federal Register. Grantees are able to sign one document annually certifying to all the certifications and assurances applicable to FTA grants. During fiscal year 1997, we encourage all EGMM grantee participants and on-line grantee participants to provide this certification electronically, completely eliminating paper certification.
E. Future EGMM Activities
There are two initiatives in the development stages that FTA hopes will
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result in more efficient and effective customer service. (1) The FTA is working with the FHWA to develop single agency delivery of metropolitan and state planning funds utilizing the FTA EGMM grant delivery system. FTA and FHWA will pilot test the concept of a consolidated planning grant during fiscal year 1997. (2) FTA has contracted for the development of graphic user interface software in order to make interface with the EGMM system more user friendly. We appreciate and look forward to the continued support of our grantees agencies as we seek additional ways to improve delivery of the transit program.
XV. Quarterly Approval of Grants
The FTA has established a quarterly approval and release cycle for processing grants. All Urbanized Area Formula, Nonurbanized Area Formula, Elderly and Persons with Disabilities, Capital, Metropolitan Planning, and State Planning and Research grants are processed on a quarterly basis. This includes grants using STP or CMAQ funds. If completed applications are submitted to the appropriate FTA Regional Office no later than the first business day of the quarter, FTA will award grants by the last business day of the quarter. In order to expedite the grant approval process within the quarterly approval structure, grants which are complete and have received the required Transit Employee Protective Certification from the Department of Labor (DOL) will be approved before the end of the quarter. There are only two factors which would delay FTA approval of the project beyond the end of a quarter. First is a failure by DOL to issue a Transit Employee Protective Certification where such certification is a prerequisite to a grant approval, and second is the failure of FHWA to actually transfer flexible funds. For an application to be considered complete, all required activities such as inclusion of the project in a locally approved Transportation Improvement Program (TIP), a Federally approved State Transportation Improvement Program (STIP), intergovernmental reviews, environmental reviews, all applicable civil rights, anti-drug, clean air requirements and submission of all requisite certifications and documentation must be completed. The application must be in approvable form with all required documentation and submissions on hand, except for the labor protection certification which is issued by DOL. Incomplete applications will not be processed, but if the missing components are supplied, applications will be considered in the next quarter. It is the policy of FTA to expedite grant application reviews and speed program delivery by reducing the number of grant applications. To this end, FTA strongly encourages grant applicants to submit only one application per fiscal year for each formula program. The single application should contain the fiscal year's capital (including flexible funds), planning and operating elements. Applications for the first quarter should be submitted to the FTA Regional Office within five business days of this Notice. The first- quarter grants will be released on or before December 30, 1996.
XVI. Grant Application Procedures
All applications for FTA funds should be submitted to the appropriate FTA Regional Office. Formula grant applications should be prepared in conformance with the following FTA Circulars: Urbanized Area Formula--C9030.1A, September 18, 1987; Nonurbanized Area Formula-- C9040.1C, November 3, 1992; Elderly and Persons with Disabilities-- C9070.1C, December 23, 1992; and Section 5309 Capital Program: Grant Application Instructions--C9300.1, September 29, 1995. Applications for STP ``flexible'' fund grants should be prepared in the same manner as the apportioned funds under the Urbanized Area Formula, Nonurbanized Area Formula, or Elderly and Persons with Disabilities Programs. Guidance on preparation of applications for Metropolitan Planning, and State Planning and Research funds may be obtained from each FTA Regional Office. Also available are revised editions of the Grant Management Guidelines, C5010.1B, September 7, 1995; and Third Party Contracting Requirements, C4220.1D, April 15, 1996. Copies of circulars are available from FTA Regional Offices. Circulars are also available on the FTA Home Page on the Internet.
Issued on: September 30, 1996. Gordon J. Linton, Administrator.
BILLING CODE 4910-57-P
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Table 1: FY 1997 APPROPRIATIONS AND ISTEA AUTHORIZATIONS FOR GRANT PROGRAMS
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Table 3: FY 1997 SECTION 5311 NONURBANIZED AREA FORMULA APPORTIONMENTS, SECTION 5311(b)
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Table 4: FY 1997 SECTION 5310 ELDERLY AND PERSONS WITH DISABILITIES APPORTIONMENTS AND ISTEA AUTHORIZED LEVELS
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Table 5: FY 1997 SECTION 5309(m)(1)(A) FIXED GUIDEWAY MODERNIZATION APPORTIONMENTS AND ISTEA AUTHORIZED LEVELS
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Table 6: FY 1996 SECTION 5309(m)(1)(B) NEW START ALLOCATIONS
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Table 8: FY 1997 SECTION 5303 METROPOLITAN PLANNING PROGRAM AND SECTION 5313(b) STATE PLANNING AND RESEARCH PROGRAM
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Table 9: FY 1997 METROPOLITAN PLANNING PROGRAM AND FY 1997 STATE PLANNING AND RESEARCH PROGRAM
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Table 10: Unit Values of Data Fiscal Year 1997 Formula Grant Apportionments
[FR Doc. 96-25248 Filed 10-4-96; 8:45 am] BILLING CODE 4910-57-C
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