[Federal Register Volume 65, Number 71 (Wednesday, April 12, 2000)]
[Notices]
[Pages 19808-19811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9080]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-1999-5381]
Implementation Information for Ferry Boat Discretionary Program
Funds
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice; issuance of final selection criteria for FY 2001 and
beyond.
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SUMMARY: This document provides implementation information on the Ferry
Boat Discretionary (FBD) program for fiscal year 2001 and beyond. A
memorandum with this information will be issued each year of the
program to division offices soliciting candidate projects from State
transportation agencies for FBD program funding.
FOR FURTHER INFORMATION CONTACT: Mr. Jack Wasley, Office of Program
Administration, (202) 366-4658; or Mr. Harold Aikens, Office of the
Chief Counsel, (202) 366-0764; Federal Highway Administration, 400
Seventh Street SW., Washington D.C. 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may access all comments received by the U.S.
Dockets, Room PL-401, by using the universal resource locator (URL)
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded by using a
computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may reach the Office of the Federal Register's
home page at http://www.nara.gov/fedreg and the Government Printing
Office's database at http://www.access.gpo.gov/nara.
The solicitation memorandum will be available each year of the
program on the FHWA web site at: http://www.fhwa.dot.gov/discretionary.
Background
On April 26, 1999, at 64 FR 20350, the FHWA solicited comments on
the selection criteria to be used by the FHWA for evaluating candidate
projects for the FBD program for FY 2001 and beyond. These are the same
general selection criteria that the FHWA has
[[Page 19809]]
used for several years to evaluate candidates for this discretionary
program.
Discussion of Comments
No comments or views were received in response to this invitation
to submit written comments to the selection criteria to be used by the
FHWA in docket number FHWA-1999-5381 by June 25, 1999.
The FHWA, therefore, will continue to use these same basic
selection criteria for FY 2001 and beyond for the FBD discretionary
program. A selection criterion may be added for an individual year that
reflects a special emphasis area, but for the most part the selection
criteria will remained unchanged.
Authority: 23 U.S.C. 129(c) and 315; and 49 CFR 1.48.
Issued on: April 3, 2000.
Kenneth R. Wykle,
Federal Highway Administrator.
The text of the FHWA implementation information to accompany
solicitation memoranda for FBD projects for FY 2001 and beyond follows:
Ferry Boat Discretionary Program: Program Information
Background
The Ferry Boat Discretionary (FBD) Program, which provides a
special funding category for the construction of ferry boats and ferry
terminal facilities, was created by Section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (ISTEA) (Public Law 102-
240). Section 1207 of the Transportation Equity Act for the 21st
Century (TEA-21) (Public Law 105-178) reauthorized the FBD funding
category through FY 2003.
Statutory References
23 U.S.C. 129(c); sec 1064, Pub. L. 102-240, 105 Stat. 1914
(1991)(ISTEA); sec. 1207, Pub. L. 105-178, 112 Stat. 107 (1998) (TEA-
21).
Funding
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal Year 1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
Competitive................. 30 18 18 18 18 18
NHS Set-aside............... 20 20 20 20 20 20
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The TEA-21 provides $30 million in fiscal year 1998 and $38 million
in each of fiscal years 1999 through 2003 for the construction of ferry
boats and ferry terminals in accordance with 23 U.S.C. 129(c). The TEA-
21 requires that $20 million from each of fiscal years 1999 through
2003 be set-aside for marine highway systems that are part of the
National Highway System for use by the States of Alaska ($10 million),
New Jersey ($5 million), and Washington ($5 million). As a result, for
each of fiscal years 1999 through 2003, the amount of FBD funding
available for open competition among all States is $18 million with a
non-competitive amount of $20 million set-aside for Alaska, New Jersey,
and Washington.
The $18 million available for open competition is also impacted by
any obligation limitation imposed on the Federal-aid highway program
under the provisions of TEA-21 section 1102(f), Redistribution of
Certain Authorized Funds. Under this provision, any funds authorized
for the program for the fiscal year, which are not available for
obligation due to the imposition of an obligation limitation, are not
allocated for the FBD program, but are redistributed to the States by
formula as STP funds.
After these reductions, it is expected that approximately $14
million will be available for candidate projects each of fiscal years
2000 through 2003. This available funding may also increase or decrease
each year depending on the obligation limitation calculation and on the
estimated receipts to the Highway Trust Fund.
Federal Share
In accordance with section 1064(b) of the ISTEA, the Federal share
of the costs for any project eligible under this program is 80 percent.
Obligation Limitation
The FBD discretionary funds are subject to obligation limitation;
however, 100 percent obligation authority is normally provided with the
allocation of funds for the selected projects. The obligation
limitation reduces the available funding for the program under the
provisions of the TEA-21 section 1102(f) discussed above.
For FY 1999, obligation of the FBD funds was controlled by a
special requirement included in the FY 1999 Omnibus Appropriations Act
(Public Law 105-277). The Act limited the obligation of FBD funds
during FY 1999 to $38 million. Consequently, there was not enough
obligation authority to cover both fiscal years 1998 and 1999 funding
allocated to the States. Therefore, distribution of the FY 1999
obligation authority was on an ``as needed'' basis during FY 1999.
For FY 2000, a proportional share of obligation authority
accompanied allocated funds.
Eligibility
As specified in section 1064(b) of the ISTEA, this program is for
the construction of ferry boats and ferry terminal facilities in
accordance with 23 U.S.C. 129. Proposals should meet the basic
eligibility criteria in 23 U.S.C. 129(c).
Competitive FBD funds are available for improvements to ferry boats
or ferry boat terminals where:
The ferry facility is providing a link on a public road
(other than Interstate) or the ferry facility is providing passenger
only ferry service.
The ferry and/or ferry terminal to be constructed or
improved is either publicly owned, publicly operated, or a public
authority has majority ownership interest where it is demonstrated that
the ferry operation provides substantial public benefits.
The ferry does not operate in international water except
for Hawaii, Puerto Rico, Alaska, and for ferries between a State and
Canada.
The set-aside discretionary funds for marine highway systems for
use by the States of Alaska, New Jersey, and Washington are available
for the construction or refurbishing of ferry boats and ferry terminals
and their approaches that are part of the NHS. In general, a proposed
project must meet the eligibility criteria set forth in 23 U.S.C.
129(b) and (c), with the following requirements specifically applying
to location of the projects and the type of activity eligible for
funding:
For a ferry facility that provides a direct link on the
NHS, both the ferry boat (must transport four wheel vehicles) and the
ferry terminals,
[[Page 19810]]
including approaches, are eligible for funding.
For a ferry facility that lies at the end of an approved
connector to the NHS, only the ferry terminal (can serve either vehicle
or passengers) and approach is eligible for funding. The ferry boats
serving the ferry terminal are not eligible for funding.
Selection Criteria
Several criteria are used to evaluate the submitted candidates for
selection for the competitive portion of the FBD program. Although
there are no statutory criteria and FHWA has not established regulatory
criteria for selection of FBD projects, the following criteria are
considered in the evaluation of candidates for this program:
Expeditious completion of project--Consideration is given
to requests that will expedite the completion of a viable project. This
is a project's ability to expeditiously complete usable facilities
within the limited funding amounts available.
Leveraging of private or other public funding--Because the
annual requests for funding far exceed the available FBD funds,
commitment of other funding sources to complement the requested FBD
funding is an important factor.
Amount of FBD funding--The requested amount of funding is
a consideration. Realizing the historically high demand of funding
under this program, modest sized requests for funding (generally less
than $2 million) to allow more States to receive funding under this
program are given added consideration.
State priorities--For States submitting more than one
project, consideration is given to the individual States priorities.
National geographic distribution of funding within the FBD
program--Consideration is given to selecting projects over time among
all the States competing for funding.
Because the concept of equity was important in the development of
TEA-21, project selection will also consider national geographic
distribution among all of the discretionary programs as well as
congressional direction or guidance provided on specific projects or
programs.
Solicitation Procedure
Each year, usually around March, a memorandum is sent from the FHWA
Headquarters Office of Program Administration to the FHWA division
offices requesting the submission of candidate projects for the
following fiscal year's funding. The FHWA division offices provide this
solicitation request to the State transportation departments, who are
the only agencies that can submit candidates. The State transportation
departments coordinate with local agencies within their respective
States in order to develop viable candidate projects. The State
transportation departments submit the candidate applications to the
FHWA division offices, who send them in to the Office of Program
Administration. Candidate projects are due in FHWA Headquarters on a
specific date in July (usually around the middle of July).
The specific timetable for the solicitation process for any
particular fiscal year is provided in the solicitation memorandum.
The candidate project applications are reviewed and evaluated by
the Office of Program Administration and an allocation plan is prepared
for presentation of the candidate projects to the Office of the Federal
Highway Administrator, where the final selection of projects for
funding is made. The announcement of the selected projects and the
allocation of funds is usually accomplished by the middle of November.
Set-aside FBD funds are allocated directly to the three named
States with no solicitation.
Submission Requirements
Only State transportation departments may submit applications for
funding under this program. Although there is not a prescribed format
for a project submission, the following information must be included to
properly evaluate the candidate projects. The applications must be
submitted electronically in either Word Perfect or MS Word format. With
the exception of the project area map, all of the following must be
included to consider the application complete. Those applications that
do not include these items are considered incomplete and will be
returned.
1. State(s) in which the project is located. If more than one
State, indicate which State is the applicant.
2. County(ies) in which the project is located.
3. U.S. Congressional District No.(s) in which the project is
located.
4. U.S. Congressional Member's Name(s) for each District.
5. Facility or Project Name commonly used to describe the facility
or project.
6. Service Termini and Ports--Describe the ferry boat operation
including the name of water crossing. A statement must be included for
ferry boat operations carrying motorized vehicles, describing the link
in the roadway system. Clearly identify any ``passenger only'' ferry
service, and explain how the ferry service is linked to public
transportation or is part of a transit system. Also, for each project
indicate if the project is part of an existing link or service, or if
it is new service. Also identify if the ferry operates in domestic,
foreign, or international waters.
7. Ownership/Operation--Specify which of the following apply (a, b,
or c):
(a) The boat or terminal is publicly-owned. The term ``publicly-
owned'' means that the title for the boat or terminal must be vested in
a Federal, State, county, town, or township, Indian tribe, municipal or
other local government or instrumentality.
(b) The boat or terminal is publicly-operated. The term ``publicly-
operated'' means that a public entity operates the boat or terminal.
(c) The boat or terminal is ``majority publicly-owned'' (as opposed
to public owned). This means that more than 50 percent of the ownership
is vested in a public entity. If so, does it provide substantial public
benefits? Documentation of substantial public benefits, concurred in by
the division office, is required for ferry facilities that are in
majority public ownership.
8. Current and Future Traffic--Provide a general description of the
type and nature of traffic, both current and future (projected) average
daily traffic and/or average daily passenger volumes, on the ferry
route if available. If the ferry links public roads or is a link on a
highway route, provide the functional classification of the public road
or route that the project is located. The general description could
include information on year round or seasonal service; commuter,
recreational or visitor ridership; traffic generators and attractions.
9. Proposed Work--Describe the project work that is to be completed
under this particular request, and whether this is a complete project
or part of a larger project.
10. Amount of Federal FBD Discretionary Funds Requested--Indicate
the total cost of the proposed work along with the amount of FBD funds
being requested for FY 2001 (the maximum Federal share for this program
is 80 percent). The State may request partial funding (less than the 80
percent maximum), committing a larger portion of State or local funds.
If the State is willing to accept partial funding of the request, that
should be indicated. Partial funding along with the commitment of other
funds (see item 11 below) will be used to determine leveraging of
funds, and allow funding
[[Page 19811]]
to more projects, since the requests far exceed the funding available.
11. Commitment of Other Funds--Indicate the amounts and sources of
any private or other public funding being provided as part of this
project. Only indicate those amounts of funding that are firm and
documented commitments from the entity controlling the funds.
12. Previous FBD Discretionary Funding--Indicate the amount and
Federal fiscal year of any previous FBD discretionary funds received
for this project, terminals or ferry boats operating on this route or
transit system. Only include previous FBD discretionary funds, not
other funding sources.
13. Future Funding Needs--Indicate the estimated future funding
needs for the ferry boat operation, including vessels and terminals, if
known. Also, provide estimated time schedules for implementing future
projects.
14. Project Purpose and Benefits--Each State's request for ferry
boat discretionary funds must describe the project benefits and
purpose. This information should not be lengthy, it should be in short
and concise (three to five) statements. Layman's language should be
used to the extent possible so as to be understood by a reader that is
not closely familiar with the highway and ferry boat operations. This
information will also be used for briefings and bulletins.
15. Project Area Map--A readable location/vicinity map showing the
ferry route and terminal connections is helpful if available. The map
may be submitted electronically along with the candidate application or
separately as a hard copy (black and white, letter or legal paper
size).
State Transportation Agency Responsibilities
1. Coordinate with State and local agencies within the State to
develop viable candidate projects.
2. Ensure that the applications for candidate projects meet the
submission requirements outlined above.
3. Establish priorities. If the State submits more than one
candidate project, we request that the State rank the projects
according to the State's overall needs and priorities.
4. Submit the applications to the local FHWA division office, in
advance of the established FHWA Headquarters deadline (contained in the
FHWA Headquarter's solicitation memorandum). The Division's request for
candidate projects should allow enough time to meet the
responsibilities outlined below and any additional coordination as
mutually agreed upon.
FHWA Division Office Responsibilities
1. Provide the solicitation memorandum and this program information
to the State transportation agency.
2. Request candidate projects be submitted by the State to the FHWA
division office to meet submission deadline established in the
solicitation memorandum.
3. Review all candidate applications submitted by the State prior
to sending them to FHWA Headquarters to ensure that they are eligible,
complete and meet the submission requirements.
4. Submit the candidate applications to FHWA Headquarters by the
established submission deadline.
FHWA Headquarters Program Office Responsibilities
1. Solicit candidates from the States through annual solicitation
memorandum.
2. Review candidate project submissions and compile program and
project information for preparation of allocation plan.
3. Submit allocation plan to the Office of the Federal Highway
Administrator for use in making final project selections.
4. Allocate funds for the selected projects.
FHWA Headquarters Program Office Contact
Mr. Jack Wasley, Highway Engineer, Office of Program
Administration, Phone: (202) 366-4658, Fax: (202) 366-3988, E-mail:
[email protected].
[FR Doc. 00-9080 Filed 4-11-00; 8:45 am]
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