[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Notices]
[Pages 41824-41829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16624]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2013-0026]
Enhanced Mobility for Seniors and Individuals With Disabilities:
Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Availability of Proposed Circular and Request for
Comments.
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site, proposed guidance in the form of a circular
to assist grantees in implementing the Enhanced Mobility for Seniors
and Individuals with Disabilities Program. The Moving Ahead for
Progress in the 21st Century Act (MAP-21, Pub. L. 112-141) blended the
New Freedom Program (49 U.S.C. 5317) and the Elderly Individuals and
Individuals with Disabilities Program (49 U.S.C. 5310) into a new
Enhanced Mobility for Seniors and Individuals with Disabilities
Program, authorized at 49 U.S.C. 5310. FTA is updating the circular due
to these changes in the law. By this notice, FTA invites public comment
on the proposed circular for this program.
DATES: Comments must be submitted by September 9, 2013. FTA will
consider late-filed comments to the extent practicable.
ADDRESSES: Please submit your comments by only one of the following
methods, identifying your submission by docket number FTA-2013-0026.
All electronic submissions must be made to the U.S. Government
electronic site at http://www.regulations.gov.
(1) Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the online instructions for submitting comments.
(2) Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
(3) Hand Delivery or Courier: West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
time, Monday through Friday, except Federal holidays.
(4) Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2013-0026) for this notice at
the beginning of your comments. Submit two copies of your comments if
you
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submit them by mail. For confirmation that FTA received your comments,
include a self-addressed stamped postcard. Note that all comments
received will be posted without change to www.regulations.gov including
any personal information provided and will be available to Internet
users. You may review DOT's complete Privacy Act Statement published in
the Federal Register on April 11, 2000 (65 FR 19477).
Docket: For access to the docket to read background documents and
comments received, go to www.regulations.gov at any time or to the U.S.
Department of Transportation, 1200 New Jersey Ave. SE., Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program questions, Gilbert
Williams, Office of Program Management, Federal Transit Administration,
1200 New Jersey Ave. SE., Room E44-409, Washington, DC, 20590, phone:
(202) 366-0797, fax: (202) 366-7951, or email,
[email protected]. For legal questions, Bonnie Graves, Office of
Chief Counsel, same address, Room E56-306, phone: (202) 366-4011, fax:
(202) 366-3809, or email, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
B. Chapter II--Program Overview
C. Chapter III--General Program Information
D. Chapter IV--Program Development
E. Chapter V--Coordinated Planning
F. Chapter VI--Program Management and Administrative
Requirements
G. Chapter VII--State and Program Management Plans
H. Chapter VIII--Other Provisions
I. Appendices
I. Overview
FTA is updating Circular 9070.1F, ``Elderly Individuals and
Individuals with Disabilities Program Guidance and Application
Instructions,'' last revised in 2007, in order to incorporate changes
in the law subsequent to passage of the Moving Ahead for Progress in
the 21st Century Act (MAP-21, Pub. L. 112-141). MAP-21 blended the
previous ``Section 5310 Program'' and the New Freedom Program (49
U.S.C. 5317, authorized by the Safe, Accountable, Flexible, Efficient
Transportation Equity Act--A Legacy for Users (SAFETEA-LU), and
repealed by MAP-21).
The new Section 5310 Program, as amended by MAP-21, authorizes
grants for the activities previously authorized under two separate
grants programs, including public transportation capital projects
planned, designed, and carried out to meet the special needs of seniors
and people with disabilities when public transportation is
insufficient, unavailable, or inappropriate; public transportation
projects that exceed the requirements of the Americans with
Disabilities Act (ADA) of 1990; and alternatives to public
transportation that assist people with disabilities with
transportation. Notably, the ``alternatives to public transportation''
language now applies to seniors as well as to people with disabilities,
and projects no longer have to be ``new'' to be eligible for funding.
In addition to the previously eligible activities, MAP-21 adds a new
eligible activity under this section entitled: ``public transportation
projects that improve access to fixed route service and decrease
reliance by people with disabilities on complementary paratransit.''
The objective of this activity is to remove barriers, including
improving access to public rights-of-way and installing elevators in
rail stations that are not required by the ADA to have elevators, so
people who use wheelchairs or have other mobility impairments have
greater access to bus stops and rail stations.
Several aspects of the new Section 5310 Program carry forward
language from the previous Sections 5310 and 5317 (New Freedom)
Programs. For example, projects funded under the new Section 5310 must
also be part of a program of projects that is annually submitted to
FTA. Recipients of Section 5310 funds may coordinate and assist with
meal delivery services for homebound people, if the service does not
interfere with the provision of transportation services. The Federal
share of costs remains at 80 percent for capital projects and 50
percent for operating. Consistent with previous law, facilities or
equipment may be transferred to other recipients under certain
conditions. Further, the requirement for coordinated planning is
retained, and projects must be included in the coordinated plan. In
addition, seniors and people with disabilities must be included in the
development and approval of the coordinated plan.
Under MAP-21, funding for the new Section 5310 Program is no longer
apportioned only to States; however, it is now apportioned in the same
way that Section 5317 (New Freedom) funds were apportioned under the
previous authorization, except the senior population (age 65 and over)
is now included in the new formula. Sixty percent of the funds are
apportioned to designated recipients in large urbanized areas with a
population of 200,000 or more in a ratio reflecting the number of
seniors and people with disabilities in each such urbanized area; 20
percent of the funds are apportioned to the States in a ratio
reflecting the number of seniors and people with disabilities in
urbanized areas with a population of less than 200,000; and, likewise,
20 percent of the funds are apportioned to the States in a ratio
reflecting the number of seniors and people with disabilities in rural
areas with a population of less than 50,000 in each State.
The competitive selection process, required under the previous New
Freedom Program, is no longer mandatory. However, whether or not a
State or a designated recipient uses a competitive selection process to
award funds to subrecipients, the State or designated recipient must
certify that funds allocated to subrecipients are allocated on a fair
and equitable basis.
Finally, the new Section 5310 Program requires FTA to establish
performance measures for grants made under Section 5310. This notice,
in the section describing changes in Chapter II, seeks comment on
proposed performance measures for this program.
This notice also provides a summary of proposed changes to FTA
Circular 9070.1F. Once the final circular is adopted, it will supersede
the existing 5310 Program Circular. The proposed circular itself is not
included in this notice; instead, an electronic version may be found on
FTA's Web site, at www.fta.dot.gov, and in the docket, at
www.regulations.gov. Paper copies of the proposed circular may be
obtained by contacting FTA's Administrative Services Help Desk, at
(202) 366-4865. FTA seeks comment on the proposed circular.
II. Chapter-by-Chapter Analysis
A. Chapter I--Introduction and Background
Chapter I of the proposed circular is an introductory chapter and
covers general information about FTA and how to contact us, briefly
reviews the authorizing legislation for FTA programs generally,
includes definitions applicable to the Section 5310 Program, and
provides a brief history of the Section 5310 Program. Where applicable,
we have used the same definitions found in statute,
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rulemakings, and other circulars to ensure consistency.
There are few substantive changes to this chapter. We have removed
the reference to Grants.gov, since Section 5310 grants are distributed
by formula, and only discretionary grants are listed on Grants.gov. We
have added, amended, or removed definitions as necessary. For example,
MAP-21 amended the definition of ``disability'' in title 49 U.S.C. 5302
to be consistent with the definition as it appears in the Americans
with Disabilities Act (ADA). We have added a number of definitions that
are used throughout FTA Circulars, such as ``Capital Lease,'' ``Cost of
Project Property,'' ``Master Agreement,'' and ``Operating Expenses.''
Some terms have changed in accordance with MAP-21: ``Chief Executive
Officer of a State'' is now ``Governor;'' ``Elderly Individual'' is now
``Senior;'' and ``Other than Urbanized Area'' is now ``Rural Area.'' We
have also added a definition of ``Traditional Section 5310 Projects''--
meaning those capital projects planned, designed, and carried out to
meet the special needs of seniors and individuals with disabilities
when public transportation is insufficient, inappropriate, or
unavailable, and carried out by eligible subrecipients as described in
Chapter III. The new Section 5310 Program requires that not less than
55 percent of funds apportioned to a State or designated recipient
shall be available for these Traditional Section 5310 Projects.
Finally, we have updated the Program History section to include the
changes to the program effective with MAP-21.
FTA seeks comment on the content of Chapter I.
B. Chapter II--Program Overview
We propose amending some of the content of this chapter. We propose
amending Section 1, Statutory Authority, to remove references to
SAFETEA-LU and instead include MAP-21. This section includes a number
of statutory provisions, including the list of eligible activities, the
requirement that 55 percent of funds be available for Traditional
Section 5310 Projects, the types of entities that are eligible
subrecipients for Traditional Section 5310 Projects, as well as the
types of entities that may be subrecipients for other eligible
activities. We propose amending Section 2, Program Goal, to reflect the
additional goal of removing barriers to transportation services and
expanding the transportation mobility options available.
As stated previously, the Section 5310 Program is no longer
administered exclusively by the States. Instead, funds are apportioned
to States and designated recipients in large urbanized areas. FTA
proposes changes to Chapter II to address these changes in the law. The
recipient's role in program administration has been streamlined, and
includes references to both States and designated recipients. We
propose extensive edits to section 6, Relationship to Other FTA
Programs, as both the Job Access and Reverse Commute (JARC) and New
Freedom Programs were repealed, and the coordination provisions needed
to be updated due to these repeals. We propose only minor edits to
section 7, Coordination with Other Federal Programs. We propose
updating the information related to the Coordinating Council on Access
and Mobility (CCAM), and adding a paragraph on other interagency
coordination.
Performance Measures
Section 3 of this chapter includes information on performance
measures. Section 5310(h) requires FTA to submit a report to Congress
no later than September 30, 2013, making recommendations on the
establishment of performance measures for grants under Section 5310.
Such report shall be developed in consultation with national nonprofit
organizations that provide technical assistance and advocacy on issues
related to transportation services for seniors and individuals with
disabilities.
The performance measures to be considered in the report require the
collection of quantitative and qualitative information, as available,
concerning--
(1) Modifications to the geographic coverage of transportation
service, the quality of transportation service or service times that
increase the availability of transportation services for seniors and
individuals with disabilities;
(2) ridership;
(3) accessibility improvements; and
(4) other measures, as the Secretary determines is appropriate.
Additionally, Section 5335(c) requires all FTA grant recipients,
including grant recipients under Section 5310, to report an asset
inventory or condition assessment conducted by the recipient to the
National Transit Database (NTD). Taken together, these requirements are
similar to the requirements pertaining to FTA's Section 5311 Rural Area
Formula Program. Section 5335(b) requires all recipients of grants
under Section 5311 to report financial, operating, and asset condition
information to the NTD. Additionally, Section 5311(b)(4) requires each
recipient of grants under Section 5311 to annual report total annual
revenue, sources of revenue, total annual operating costs, total annual
capital costs, fleet size and type, related facilities, vehicle revenue
miles, and ridership. Further, many recipients or subrecipients of
Section 5310 grants may also be recipients of the Section 5307
Urbanized Area Formula Program, and as such are already required to
submit comprehensive reports to the NTD.
One option FTA is considering is to simplify the reporting burden
by combining all of the above reporting requirements into a single
requirement for recipients of Section 5310 or Section 5311 to report to
the NTD on behalf of all of their subrecipients, and for recipients of
Section 5310 or Section 5307 to report on behalf of all of their
subrecipients, under a single, unified reporting system. The current
NTD reporting requirements for Section 5311 already include ridership,
accessibility improvements (as part of the revenue vehicle inventory,
and other measures as the Secretary deems appropriate (vehicle revenue
miles, total operating and capital expenses.)) In order to implement
this option, FTA would have to expand the current Rural and Urbanized
Area Annual data collections to include a measure of ``geographic
coverage of transportation service'' and ``service times that increase
the availability of transportation services for seniors and individuals
with disabilities.'' As such, any Section 5310 recipient that is
already reporting to the NTD as either a Section 5307 recipient or as a
Section 5311 subrecipient would already meet the proposed Section 5310
reporting requirements through their existing NTD reports. Section 5310
grant recipients would then only need to add NTD reports for any
subrecipients that are not already reporting to the NTD.
FTA seeks comment on the above approach:
a. Should FTA consider implementing a unified and combined NTD
Reporting Requirement for the Section 5310 and 5311 programs, and the
Section 5310 and 5307 programs? This would require States to report on
behalf of all subrecipients from both the 5310 and 5311 programs,
except those already reporting to the NTD; Urbanized Area designated
recipients would also have to report on behalf of all subrecipients,
except those already reporting to the NTD.
(1) If not, what approach should FTA consider for implementing the
requirements of Section 5335(c) for all FTA grant recipients to report
an asset inventory or condition assessment to the NTD?
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(2) If not, what approach(es) should FTA consider in making
recommendations to Congress on collecting quantitative and qualitative
data to support performance measures for the Section 5310 program?
b. What information should FTA consider collecting in order to
establish performance measures for ``geographic coverage of
transportation service?''
(1) Would collecting the size and location of the demand response
service area (either as operated, or else as required by the Americans
with Disabilities Act to complement fixed-route service) be suitable?
(2) If so, would collecting these data on the basis of political
jurisdictions (e.g. counties served (for full-counties) or townships
served (when serving less than a county) be suitable?
(3) Would another information collection be more appropriate for
meeting this requirement? Please be as specific as possible.
c. What information should FTA consider collecting in order to
establish performance measures for ``service quality or service times
that increase the availability of transportation services for seniors
and individuals with disabilities?''
(1) Would collecting the hours of operation for the demand response
service (either as operated, or else as required by the Americans with
Disabilities Act to complement fixed-route service) for each day of the
week be suitable?
(2) Would collecting the service terms and conditions (e.g. advance
notice requirement, eligibility (e.g. general public, limited on the
basis of disability, etc.), pick-up window, etc.) be suitable?
(3) Would another information collection be more appropriate for
meeting this requirement? Please be as specific as possible.
d. Once the data collection is established, how should FTA
establish the performance measures?
FTA seeks comment on the content of Chapter II.
C. Chapter III--General Program Information
Due to the changes in Section 5310 under MAP-21, FTA proposes
substantially revising this chapter. Since funding for the program is
apportioned to States and designated recipients in large urbanized
areas, FTA proposes inserting a number of sections from the circular
that implemented the New Freedom Program (C. 9045.1, May 2007). This
includes information regarding recipient designation, role of the
designated recipient, and eligible direct recipients. In urbanized
areas over 200,000 in population, the recipient charged with
administering the Section 5310 Program must be officially designated
through a process consistent with 49 U.S.C. 5302(4). Consistent with
the former New Freedom program, FTA proposes that it is appropriate for
the designated recipient for the Section 5307 Program to be the
designated recipient for the Section 5310 Program, but another entity
may be designated as the recipient for Section 5310 funds based on
local circumstances. A State agency may be the designated recipient for
large urbanized areas, but funds apportioned to the large UZA(s) must
be allocated to those areas. The only other entity that may be a direct
recipient for Section 5310 funds (for example, at the conclusion of the
project selection process) in a large UZA is a Section 5307 designated
recipient.
Consistent with the Section 5310 program under previous
authorizations, for Traditional Section 5310 Projects, the designated
recipient or State applies for Section 5310 funds on behalf of private
non-profit agencies and eligible local governmental authorities within
the rural area of the State or the urbanized area. This provision
ensures continued support for non-profit providers of public
transportation, and maintains the status quo for these projects. For
the remaining 45 percent of Section 5310 funds available to a rural or
urbanized area, the designated recipient applies to FTA on behalf of
itself and eligible subrecipients.
FTA proposes two sections on subrecipients: One section for
Traditional Section 5310 Projects, and one for additional eligible
projects. The new Section 5310 Program essentially maintains the status
quo for Traditional Section 5310 Projects--those public transportation
capital projects planned, designed, and carried out to meet the special
needs of seniors and individuals with disabilities when public
transportation is insufficient, unavailable or inappropriate. These
projects are carried out by private non-profit organizations; or a
State or local governmental authority that is approved by a State to
coordinate services for seniors and individuals with disabilities, or
certifies that there are no non-profit organizations readily available
in the area to provide the service. Eligible subrecipients for other
eligible Section 5310 activities include a State or local governmental
authority, a private non-profit organization, or an operator of public
transportation that receives a Section 5310 grant indirectly through a
recipient.
In an effort to address one of the frequently asked questions of
the New Freedom Program, FTA proposes including a new section that
discusses private taxi operators as subrecipients. Taxi operators that
provide shared-ride service may be subrecipients for non-Traditional
Section 5310 Projects, as an operator of public transportation. Local
(municipal/State) statutes or regulations, or company policy, will
generally determine whether a taxi company provides shared-ride or
exclusive-ride service. Taxi companies that wish to participate in the
Section 5310 Program that do not provide shared-ride service may do so
as contractors to recipients or subrecipients.
Sections 8, 9, and 10 of Chapter III discuss apportionment of
funds, funds availability, and transfer of funds. FTA apportions funds
by statutory formula: 60 percent among designated recipients in large
urbanized areas; 20 percent to the States for small urbanized areas;
and 20 percent to the States for rural areas under 50,000 in
population. The formula is based on the ratio that the number of
seniors and individuals with disabilities in an area (such as a large
UZA) bears to the number of seniors and individuals with disabilities
in all such areas. Consistent with the previous guidance, Section 5310
funds are available for obligation in the year of apportionment plus
two additional years.
Under the previous Section 5310 Program, States could transfer
funds to an apportionment under Section 5311(c) or 5307. This transfer
provision is no longer part of the law. However, funds apportioned to
small urbanized areas or rural areas may be transferred to projects in
large urbanized areas if the Governor certifies that objectives of the
Section 5310 program are being met in the small urbanized or rural
areas that received the initial apportionment. Alternatively, a State
may transfer funds apportioned to small urbanized areas or rural areas
for a project anywhere in the State, in accordance with an established
statewide program for meeting the objectives of the Section 5310
program. A recipient may transfer apportioned funds only after
consulting with responsible local officials, publicly owned operators
of public transportation, and nonprofit providers in the area from
which the funds to be transferred were originally apportioned. Funds
apportioned to large urbanized areas may not be transferred to other
areas.
As stated previously, the new Section 5310 Program requires that
not less than 55 percent of funds apportioned to a
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State or designated recipient shall be available for Traditional
Section 5310 Projects--those public transportation capital projects
planned, designed, and carried out to meet the specific needs of
seniors and individuals with disabilities when public transportation is
insufficient, unavailable or inappropriate, and carried out by eligible
surbrecipients. Notably, this 55 percent is a floor, not a ceiling--
recipients may use more than 55 percent of their apportionment for this
type of project.
In addition to the above required capital projects, up to 45
percent of the apportionments may be utilized for additional public
transportation projects: Projects that exceed the ADA minimum
requirements; projects that improve access to fixed route service and
decrease reliance by individuals with disabilities on ADA complementary
paratransit service; and projects that provide alternatives to public
transportation that assist seniors and individuals with disabilities
with transportation. Such projects must be targeted toward meeting the
transportation needs of individuals with disabilities, although they
may also be used by the general public.
In order to be clear about which projects are Traditional Section
5310 Projects and meet the 55 percent minimum threshold, FTA proposes
dividing the eligible activities into two sections: Eligible capital
expenses that meet the 55 percent requirement; and other eligible
capital and operating expenses. The list of proposed eligible
activities for the Traditional Section 5310 Projects is virtually
identical to the list of eligible activities in FTA Circular 9070.1F
(Section 5310), with some streamlining. In addition, based on
historical uses of the funds, FTA is proposing to include the
eligibility of rolling stock for and acquisition of ADA complementary
paratransit services as Traditional Section 5310 Projects when carried
out by eligible subrecipients that can count toward the minimum 55
percent required, so long as the projects are planned, designed, and
carried out to meet the specific needs of seniors and individuals with
disabilities when public transportation is insufficient, unavailable or
inappropriate, and the projects are included in the area's coordinated
plan. The list of proposed eligible activities in the other eligible
capital and operating expenses is virtually identical to the list of
eligible activities in FTA Circular 9045.1 (New Freedom). The list of
eligible activities is illustrative and not exhaustive.
Under SAFETEA-LU, a higher Federal share for Section 5310 eligible
capital projects was available to 14 States with a high proportion of
Federal lands, as described in 23 U.S.C. 120(b) (also known as the
``sliding scale''). MAP-21 struck this provision. Therefore, the
Federal share for all States for Section 5310 funds is 80 percent for
capital projects and 50 percent for operating projects. The proposed
circular reflects this change in the law. However, when funds are
transferred to Section 5310 from FHWA programs, the higher Federal
share by the sliding scale is permissible, but they are limited in use
to eligible capital projects.
FTA seeks comment on the content and format of Chapter III.
D. Chapter IV--Program Development
FTA proposes only minor changes to Chapter IV, generally to address
the change from a State-managed program to a program managed by
designated recipients as well as States. However, FTA did make changes
to the categories of approval and the revisions to the program of
projects sections. First, FTA proposes to eliminate Category C, which
was typically used for program reserve. Given that Section 5310 funds
are available for obligation for a total of three years, if the State
or designated recipient does not have a project identified that fits in
either Category A or B, FTA recommends the funds remain unobligated
until future needs arise. Second, FTA proposed an update to the
revisions to the program of projects sections to provide flexibility to
States or designated recipients to make minor revisions without having
to necessarily obtain FTA's prior approval.
FTA seeks comment on the content of Chapter IV.
E. Chapter V--Coordinated Planning
This chapter describes the required coordinated planning process.
FTA proposes only minor changes to this chapter, including the change
to the definition of a coordinated plan, which now requires that
selected projects be included in, and not merely derived from, the
coordinated plan, and that seniors and individuals with disabilities be
involved in the development and approval of the coordinated plan. Even
with the change in language to ``included in'', FTA proposes to
maintain flexibility in how projects appear in the coordinated plan.
For example, for purposes of the coordinated plan, a project is a
strategy, activity or specific action addressing an identified service
gap or transportation coordination objective articulated and
prioritized within the plan. FTA seeks comment on maintaining this
approach to coordinated planning and the content of Chapter V.
F. Chapter VI--Program Management and Administrative Requirements
FTA proposes only minor changes to Chapter VI, generally to address
the change from a State-managed program to a program managed by
designated recipients as well as States. This section is also updated
to reflect MAP-21 updates. FTA expects to further amend section 23,
Reporting Requirements, subsection d., Program Measures, in response to
comments sought on performance measures. Please see the section on
Performance Measures, above. FTA seeks comment on the content of
Chapter VI.
G. Chapter VII--State and Program Management Plans
FTA proposes only minor changes to Chapter VII, generally to
address the change from a State-managed program to a program managed by
designated recipients as well as States. This includes the requirement
that designated recipients that are not States must have a Program
Management Plan for the Section 5310 Program. This is the same
requirement designated recipients had for the New Freedom Program, so
FTA proposes continuing the requirement. In the case of designated
recipients that are not States, FTA will review the Program Management
Plan during triennial reviews.
FTA seeks comment on the content of this chapter.
H. Chapter VIII--Other Provisions
This chapter describes cross-cutting FTA and Federal requirements
that apply to the Section 5310 Program. FTA includes minor language
changes to this chapter that reflect the change in Section 5310 from a
State-managed program to a program managed by designated recipients as
well as States, and to update for MAP-21 changes. FTA proposes removing
the section on public hearing requirements, as the authority for that
section was formerly in 49 U.S.C. 5323(b) as amended by SAFETEA-LU, and
repealed by MAP-21. We propose removing the section on pre-award and
post-delivery reviews, since this information is already covered in the
procurement section of Chapter VI. We propose streamlining the section
on drug and alcohol testing section. We have updated the section on
civil rights to reflect updated guidance implemented since the last
publication of this circular. We have similarly updated the safety and
security section to reflect changes in the law.
[[Page 41829]]
FTA seeks comment on the content of this chapter.
I. Appendices
FTA made only a few changes to the appendices, generally to reflect
changes in the law. For example, at least 55 percent of the annual
apportionment must be identified for Traditional 5310 Projects, and the
applicant must clearly identify the capital projects satisfying the 55
percent minimum requirement. The extended budget descriptions should
confirm which activities are supporting this requirement. For public
transportation projects that exceed the requirements of the ADA,
projects that reduce barriers to people with disabilities, or for
alternatives to public transportation that assist seniors and
individuals with disabilities, the applicant should use scope 647-00.
Appendix B provides a Sample Section 5310 Program of Projects, and
demonstrates how the applicant will have a line item for traditional
Section 5310 capital projects at the 55 percent minimum level and a
line item for operating expenses and other capital expenses at the 45
percent maximum level.
FTA seeks comment on the appendices.
Issued in Washington, DC, this 3rd day of July, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013-16624 Filed 7-10-13; 8:45 am]
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