[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Notices]
[Pages 6726-6786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2741]



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Part II





Department of Transportation





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Federal Transit Administration



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FTA Fiscal Year 2004 Apportionments, Allocations and Program 
Information; Notice

  Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / 
Notices  

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FTA Fiscal Year 2004 Apportionments, Allocations and Program 
Information

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: The ``Consolidated Appropriations Act, 2004'', (Public Law 
108-199), which was signed into law by President Bush on January 23, 
2004, includes appropriations for the Department of Transportation for 
the fiscal year ending September 30, 2004, and provides FY 2004 
appropriations for the Federal Transit Administration (FTA) transit 
assistance programs. Pending further consideration of a multi-year 
authorization, Congress has passed a five-month extension of the 
Transportation Equity Act for the 21st Century (TEA-21), known as the 
Surface Transportation Extension Act of 2003 (Public Law 108-88). This 
act, signed by President Bush on September 30, 2003, provides 
additional funding authorizations for transit and highway programs for 
the period October 1, 2003, through February 29, 2004. The previous 
authorizations, under TEA-21, were effective through September 30, 
2003.
    This notice contains (1) a listing of the full amount of the FY 
2004 apportionments and allocations for the formula, capital, and 
transit planning and research programs, including both trust funds and 
general funds, based on the Consolidated Appropriations Act, 2004 and 
Federal transit laws; and (2) a listing of apportionments and 
allocations based on the FY 2004 available funding for formula, 
capital, and transit planning and research programs, in accordance with 
the Consolidated Appropriations Act, 2004 and the Surface 
Transportation Extension Act of 2003. This includes the total of 
general funds made available in the Consolidated Appropriations Act, 
2004 and a portion of contract authority under the Surface 
Transportation Extension Act of 2003. As soon as authorizing 
legislation covering the remainder of the fiscal year, March 1, 2004, 
through September 30, 2004, or a portion of it has been enacted the 
entire apportionment or the additional authority will be made 
available. If the authorization act affects the distribution of funds 
within the programs, FTA will republish the apportionments and 
allocations in their entirety, taking the provisions of both the 
Consolidated Appropriations Act, 2004 and the authorization act into 
consideration.
    In addition, prior year unobligated allocations for the section 
5309 New Starts, Bus and Bus-Related and Job Access and Reverse Commute 
(JARC) programs are listed. The FTA policy regarding pre-award 
authority to incur project costs, Letter of No Prejudice Policy, and 
other pertinent program information are provided.

FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional 
Administrator for grant-specific information and issues; Mary Martha 
Churchman, Director, Office of Resource Management and State Programs, 
(202) 366-2053, for general information about the Urbanized Area 
Formula Program, the Nonurbanized Area Formula Program, the Rural 
Transit Assistance Program, the Elderly and Persons with Disabilities 
Program, the Clean Fuels Formula Program, the Over-the-Road Bus 
Accessibility Program, the Capital Investment Program, or the Job 
Access and Reverse Commute Program; Paul L. Verchinski, Chief, Planning 
Oversight Division, (202) 366-1626, for general information concerning 
the Metropolitan Planning Program and the Statewide Planning and 
Research Program; or Bruce Robinson, Office of Research, Demonstration 
and Innovation, (202) 366-4209, for general information about the 
National Planning and Research Program.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Overview
    A. General
    B. Funds Available for Obligation
    C. Project Management Oversight
III. Fiscal Year 2004 Focus Areas
    A. Transit Safety and Security
    B. Ridership
    C. Transportation Coordination
    D. Special Transit Provisions in the Consolidated Appropriations 
Act, 2004
IV. Metropolitan Planning Program and Statewide Planning and 
Research Program
    A. Metropolitan Planning Program
    B. Statewide Planning and Research Program
    C. FHWA Metropolitan Planning Program and State Planning and 
Research Program
    D. Local Match Waiver for Specified Planning Activities
    E. Planning Emphasis Areas for Fiscal Year 2004
    F. Consolidated Planning Grants
V. Urbanized Area Formula Program
    A. Total Urbanized Area Formula Apportionments
    B. Data Used for Urbanized Area Formula Apportionments
    C. Urbanized Area Formula Apportionments to Governors
    D. Transit Enhancements
    E. Fiscal Year 2004 Operating Assistance
    F. Designated Transportation Management Areas
    G. Urbanized Area Formula Funds Used for Highway Purposes
VI. Nonurbanized Area Formula Program and Rural Transit Assistance 
Program
    A. Nonurbanized Area Formula Program
    B. Rural Transit Assistance Program
VII. Elderly And Persons With Disabilities Program
VIII. FHWA Surface Transportation Program and Congestion Mitigation 
and Air Quality Funds Used for Transit Purposes
    A. Transfer Process
    B. Matching Share for FHWA Transfers
IX. Capital Investment Program
    A. Fixed Guideway Modernization
    B. New Starts
    C. Bus and Bus-Related
X. Job Access And Reverse Commute Program
XI. Over-the-Road Bus Accessibility Program
XII. Clean Fuels Formula Program
XIII. National Planning and Research Program
XIV. Unit Values of Data for Urbanized Area Formula Program, 
Nonurbanized Area Formula Program, and Fixed Guideway Modernization
XV. Period of Availability of Funds
XVI. Automatic Pre-Award Authority to Incur Project Costs
    A. Policy
    B. Conditions
    C. Environmental, Planning, and Other Federal Requirements
    D. Pre-award Authority for New Starts Projects
XVII. Letter of No Prejudice (LONP) Policy
    A. Policy
    B. Conditions and Federal Requirements
    C. Request for LONP
XVIII. Program Guidance
XIX. FTA Fiscal Year 2004 Annual List of Certifications and 
Assurances
XX. Grant Application Procedures
Tables
    1. FTA FY 2004 Appropriations, Apportionments, and Available 
Funding for Grant Programs
    2. FTA FY 2004 Metropolitan Planning Program and Statewide 
Planning And Research Program Apportionments
    3. FHWA FY 2004 Metropolitan Planning Program (PL) Available 
Apportionments
    4. FTA FY 2004 Urbanized Area Formula Apportionments
    5. FTA FY 2004 Nonurbanized Area Formula Apportionments, and 
Rural Transit Assistance Program (RTAP) Allocations
    6. FTA FY 2004 Elderly And Persons With Disabilities 
Apportionments
    7. FTA FY 2004 Fixed Guideway Modernization Apportionments
    8. FTA FY 2004 New Starts Allocations
    8A. FTA Prior Year Unobligated New Starts Allocations
    9. FTA FY 2004 Bus and Bus-Related Allocations
    9A. FTA Prior Year Unobligated Bus and Bus-Related Allocations
    10. FTA FY 2004 National Planning and Research Program 
Allocations

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    11. FTA FY 2004 Job Access and Reverse Commute (JARC) 
Allocations
    11A. FTA Prior Year Unobligated JARC Allocations
    12. FTA FY 2004 Apportionment Formula for Urbanized Area Formula 
Program
    13. FTA FY 2004 Fixed Guideway Modernization Program 
Apportionment Formula
    14. FTA FY 2004 Formula Grant Apportionments Unit Values of Data
    15. 2000 Census Urbanized Areas with Populations 200,000 or 
Greater Eligible to Use FY 2004 Section 5307 Funds for Operating 
Assistance

I. Background

    Metropolitan Planning funds are apportioned by statutory formula to 
the States for allocation to Metropolitan Planning Organizations (MPOs) 
in urbanized areas or portions thereof to provide funds for their 
Unified Planning Work Programs. Statewide Planning and Research funds 
are apportioned to States by statutory formula to provide funds for 
their Statewide Planning and Research Programs. Urbanized Area Formula 
Program funds are apportioned by statutory formula to urbanized areas 
and to Governors to provide capital, operating and planning assistance 
in urbanized areas. Nonurbanized Area Formula Program funds are 
apportioned by statutory formula to Governors for capital, operating 
and administrative assistance in nonurbanized areas. Elderly and 
Persons with Disabilities Program funds are apportioned by statutory 
formula to Governors to provide capital assistance to organizations 
providing transportation service for the elderly and persons with 
disabilities. Fixed Guideway Modernization funds are apportioned by 
statutory formula to specified urbanized areas for capital improvements 
in rail and other fixed guideways. New Starts identified in the 
Consolidated Appropriations Act, 2004 and Bus and Bus-Related 
Allocations identified in the Conference Report accompanying the Act 
are included in this notice. Congressional allocations of the Job 
Access and Reverse Commute Program (JARC) included in the Conference 
Report are also included, as provided for in the Consolidated 
Appropriations Act, 2004. Over-the-Road Bus Accessibility Program funds 
are allocated on a competitive basis.
    FTA will honor those discretionary project designations included in 
Conference Report language for Bus and Bus-Related and JARC, to the 
extent that the projects meet the statutory intent of the specific 
program. Requests for reprogramming of funding for projects that are 
found not to be consistent with the statutory intent of the program or 
project activities outside the scope of the project designation 
included in report language should be directed to the House and Senate 
Committees on Appropriations for resolution.

II. Overview

A. General

    Table 1 displays the appropriations and obligation limitation for 
the FTA programs. Also listed is the amount of FY 2004 funds currently 
available for obligation for each program. The amounts have been 
adjusted from the FY 2004 enacted levels to reflect an across-the-board 
.59 percent rescission proportionately applied to the discretionary 
budget authority and obligation limitation, and to each program, 
project and activity, as directed by Section 168 of Division H of the 
Consolidated Appropriations Act, 2004. The following text provides a 
narrative explanation of the funding levels and other factors affecting 
the apportionments and allocations.

B. Funds Available for Obligation

    The Consolidated Appropriations Act, 2004 provides a combination of 
trust and general funds that total $7.309 billion for FTA programs. 
After applying the across-the-board .59 percent rescission, as directed 
by Section 168 of Division H of the Consolidated Appropriations Act, 
2004, new funding for FTA programs is $7.266 billion.
    Because the Surface Transportation Extension Act of 2003 only 
provides contract authority through February 29, 2004, FTA is 
publishing both (1) the apportionment and allocation tables that 
contain the full program levels in the Consolidated Appropriations Act, 
2004; and (2) the apportionments and allocations based on FY 2004 funds 
available for the FTA program. The column labeled ``Apportionment'' or 
``Allocation'' includes both trust funds (contract authority) and 
general funds, and reflects the total dollar amount of obligation 
limitation and appropriations in the Consolidated Appropriations Act, 
2004, once a full year contract authority is made available. This 
amount does not represent the amount that is actually available for 
obligation at this time. The amount shown in the column labeled 
``Available Apportionment'' or ``Available Allocation'' is available 
for obligation.

C. Project Management Oversight

    Section 5327 of title 49 U.S.C., permits the Secretary of 
Transportation to use up to one-half percent of the funds made 
available under the Urbanized Area Formula Program and the Nonurbanized 
Area Formula Program, and three-quarters percent of funds made 
available under the Capital Investment Program to contract with any 
person to oversee the construction of any major project under these 
statutory programs; to conduct safety, procurement, management and 
financial reviews and audits; and to provide technical assistance to 
correct deficiencies identified in compliance reviews and audits. 
Section 319 of the FY 2002 DOT Appropriations Act increased the amount 
made available under the Capital Investment Program for oversight 
activities to one percent, for FY 2002 and thereafter.

III. Fiscal Year 2004 Focus Areas

    FTA draws attention to the following areas of particular interest 
in FY 2004 relative to the FTA programs.

A. Transit Safety and Security

    The Federal Transit Administration (FTA) has undertaken a series of 
major steps to help prepare the transit industry to counter terrorist 
threats. Key to these efforts is emergency preparedness, employee 
training and public awareness, three of the most important transit 
security priorities for the future. Transit security must remain in the 
forefront as the immediacy of September 11, 2001, fades over time. To 
that end, FTA is continuing to provide security and emergency planning 
technical assistance to transit agencies, updating transit employee 
training courses as well as developing new curricula and will continue 
to hold ``Connecting Communities'' security forums across the country. 
In addition, FTA has launched a nationwide safety and security public 
awareness program, ``TransitWatch'', that encourages the active 
participation of transit passengers and employees in maintaining a safe 
transit environment.
    Although the transit industry has made great strides in 
strengthening security and emergency preparedness, there is much more 
to do. Detailed information about these three areas and other important 
actions can be found in FTA's list of Top 20 Security Program Action 
Items for transit agencies. These 20 action items are based on good 
security practices identified through FTA's Security Assessments and 
the technical assistance program. The Top 20 Security Program Action 
Items can be found on FTA's Web site at http://transit-safety.volpe.dot.gov/security/SecurityInitiatives/Top20/default.asp. 
FTA will work with transit agencies to assist them as they incorporate 
these practices into their programs.

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B. Ridership

    FTA's strategic business plan establishes FTA's core values and 
identifies a number of strategic goals for sustaining these values over 
the next three years. Specifically, FTA seeks to deliver products and 
services that are valued by its customers and to assist transit 
agencies in better meeting the needs of their customers. Increasing 
transit ridership is a key measure of success in achieving this 
objective. FTA has further identified a goal of achieving an average 
2.0 percent increase in the number of transit passenger boardings per 
transit agency, controlling for changes in local economic conditions by 
adjusting ridership by employment levels. FTA is continuing work on a 
range of research, guidance, and other technical assistance to support 
State and local transit efforts to increase ridership. FTA encourages 
all transit agencies to focus attention on ways to increase transit 
ridership, and will be issuing further information about the FTA 
ridership initiative throughout FY 2004.

C. Transportation Coordination

    Without adequate transportation services, many older Americans, 
persons with disabilities, and individuals with low-incomes are often 
unable to access work, medical services, educational resources or 
recreation opportunities. The social and economic consequences of 
inadequate transportation can be enormous.
    In June of 2003, the General Accounting Office issued a report on 
Transportation for Disadvantaged Populations. This report highlights 
the complex nature of coordinating multiple funding resources for a 
variety of client populations. Because of the complex issues related to 
coordinating resources to improve human service transportation, DOT has 
been actively working with other Federal agencies including the 
Departments of Health and Human Services, Labor, and Education. While 
the broad collaborative efforts focus on cross-cutting issues, there 
are also subcommittees and distinct activities addressing the unique 
needs of older adults, people with disabilities, and low-income 
populations, and issues related to medical transportation services. FTA 
is encouraging transportation and human service leaders in every 
community to work together to assess existing transportation services, 
determine unmet needs and institute resource strategies that will help 
bridge the gaps. Using available Federal transportation funds in the 
most effective coordinated manner has become especially important as 
States and communities deal with budget shortfalls.
    To assist States and communities in moving forward, FTA and our 
federal partners have introduced a five point initiative, including, 
technical assistance, State recognition awards, and the issuance of a 
Framework for Action, a self-assessment tool for both States and 
communities. FTA encourages States and communities to use the Framework 
for Action (available on the FTA Web site at http://www.fta.dot.gov/CCAM/framework.html) as a planning tool to improve service 
coordination.

D. Special Transit Provisions in the Consolidated Appropriations Act, 
2004

    Procurement Pilot Program--Section 166 of the FTA general 
provisions in the Consolidated Appropriations Act, 2004 directs that a 
procurement pilot program be established to determine the benefits of 
encouraging cooperative procurement of major capital equipment under 
sections 5307, 5309, and 5311. The program will consist of three pilot 
projects, which may be carried out by grantees, consortiums of 
grantees, or members of the private sector acting as agents of 
grantees. The Federal share for a grant under this pilot program will 
be 90 percent of net project cost. FTA is working to develop procedures 
and guidance to implement this program. Details will be forthcoming.
    Restriction on Advertisements for Controlled Substances--Section 
177 of the FTA general provisions in the Consolidated Appropriations 
Act, 2004 provides that none of the funds made available in this Act 
shall be available to any Federal transit grantee after February 1, 
2004, involved directly or indirectly, in any activity that promotes 
the legalization or medical use of any substance listed in schedule I 
of section 202 of the Controlled Substance Act (21 U.S.C. 812 et seq.).

IV. Metropolitan Planning Program and State Planning and Research 
Program

A. Metropolitan Planning Program

    The Consolidated Appropriations Act, 2004 provides $60,029,325 to 
the Metropolitan Planning Program (49 U.S.C. 5303) after the across-
the-board .59 percent rescission. The FY 2004 Metropolitan Planning 
Program apportionment to States for MPOs' use in urbanized areas totals 
$61,456,193. This amount includes $60,029,325 in FY 2004 funds, and 
$1,426,868 in prior year funds available for reapportionment under this 
program. A basic allocation of 80 percent of this amount ($49,164,954) 
is distributed to the States based on the State's urbanized area 
population as defined by the U.S. Census Bureau for subsequent State 
distribution to each urbanized area, or parts thereof, within each 
State. A supplemental allocation of the remaining 20 percent 
($12,291,238) is also provided to the States based on an FTA 
administrative formula to address planning needs in the larger, more 
complex urbanized areas. Table 2 displays the State apportionments for 
the combined basic and supplemental allocations. Table 2 also shows the 
amount of a State's apportionment that is currently available for 
obligation, in accordance with the Surface Transportation Extension Act 
of 2003.
    All States have either reaffirmed or developed, in consultation 
with their MPOs, new allocation formulas as a result of the 2000 
Census. These formulas may be changed annually, but require approval by 
the FTA regional office prior to grant approval.

B. Statewide Planning and Research Program

    The Consolidated Appropriations Act, 2004 provides $12,539,975 to 
the Statewide Planning and Research Program (49 U.S.C. 5313(b)) after 
the across-the-board .59 percent rescission. The FY 2004 apportionment 
for the Statewide Planning and Research Program (SPRP) totals 
$13,259,049. This amount includes $12,539,975 in FY 2004 funds, and 
$719,074 in prior year funds available for reapportionment under this 
program. Final State apportionments for this program are also contained 
in Table 2. Table 2 also shows the amount of a State's apportionment 
that is currently available for obligation, in accordance with the 
Surface Transportation Extension Act of 2003.
    These funds may be used for a variety of purposes such as planning, 
technical studies and assistance, demonstrations, management training, 
and cooperative research. In addition, a State may authorize a portion 
of these funds to be used to supplement metropolitan planning funds 
allocated by the State to its urbanized areas, as the State deems 
appropriate.

C. FHWA Metropolitan Planning Program and State Planning and Research 
Program

    For informational purposes, the FY 2004 apportionments for the FHWA 
Metropolitan Planning Program (PL) that are available under the Surface 
Transportation Extension Act of 2003 are contained in Table 3. 
Apportionments for the FY 2004 FHWA

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State Planning and Research Program (SPRP) and for the full 12 months 
of the PL were not available at the time of publication of this notice. 
When the information becomes available it will be posted on the FHWA 
Web site at http://www.fhwa.dot.gov/legsregs/directives/notices/n4510511.htm.

D. Local Match Waiver for Specified Planning Activities

    Job Access and Reverse Commute Planning. Federal, State and local 
welfare reform initiatives may require the development of new and 
innovative public and other transportation services to ensure that 
former welfare recipients have adequate mobility for reaching 
employment opportunities. In recognition of the key role that 
transportation plays in ensuring the success of welfare-to-work 
initiatives, FTA and FHWA permit the waiver of the local match 
requirement for Job Access and Reverse Commute planning activities 
undertaken with both FTA and FHWA Metropolitan Planning Program and 
State Planning and Research Program funds. FTA and FHWA will support 
requests for waivers when they are included in Metropolitan Unified 
Planning Work Programs and State Planning and Research Programs and 
meet all other requirements.

E. Planning Emphasis Areas for Fiscal Year 2004

    The FTA and FHWA identify Planning Emphasis Areas (PEAs) annually 
to promote priority themes for consideration, as appropriate, in 
metropolitan and statewide Unified Planning Work Programs proposed for 
FTA and FHWA funding in FY 2004. While we try to make the PEAs 
available at the beginning of the Federal fiscal year, we realize even 
the October 1 date may be too late for some planning organizations to 
address the PEAs in their upcoming work programs. In such a case, the 
FY 2004 PEAs can be considered in the development of UPWPs during FY 
2004 even though the UPWP might not be approved until early in FY 2005. 
FTA and FHWA provide support for the PEAs through the Transportation 
Planning Capacity Building Program, which can be accessed at http://www.planning.dot.gov/. Opportunities for exchanging ideas and 
experiences on innovative practices in these topical areas also will be 
provided throughout the year. For FY 2004, five key planning themes 
have been identified: (1) Consideration of safety and security in the 
transportation planning process; (2) integration of planning and 
environmental processes; (3) consideration of management and operations 
within planning processes; (4) State DOT consultation with non-
metropolitan local officials; and (5) enhancing the technical capacity 
of planning processes.
    1. Safety and Security in the Transportation Planning Process. TEA-
21 emphasizes the safety and security of transportation systems as a 
national priority and calls for transportation projects and strategies 
that ``increase the safety and security of transportation systems.'' 
This entails integration of safety and security into all stages of the 
transportation planning process.
    FTA and FHWA are working together to advance the state-of-practice 
in addressing safety and security in the metropolitan and statewide 
planning process through forums, training, research, workshops, and 
case studies. A report prepared by the Transportation Research Board 
(TRB), Transportation Research Circular E-C02, ``Safety-Conscious 
Planning,'' January 2001, describes the issues and recommendations 
identified at a Safety in Planning workshop held earlier. The report is 
available on the TRB Web site at http://www.nas.edu/trb. Also, the 
Institute of Transportation Engineers (ITE) has prepared a discussion 
paper on the topic, entitled ``The Development of the Safer Network 
Transportation Planning Process,'' which is posted to their Web site at 
http://www.ite.org.
    2. Integrated Planning and Environmental Processes. TEA-21 mandated 
the elimination of the Major Investment Study as a stand-alone 
requirement, while integrating the concept within the planning and 
project development/environmental review processes. A training course 
entitled ``Linking Planning and NEPA'' has been piloted and will be 
made available in FY 2004 at the National Transit Institute Web site, 
http://www.ntionline.com. The course will also be posted on the 
National Highway Institute Web site http://www.nhi.fhwa.dot.gov/.
    3. Consideration of Management and Operations within Planning 
Processes. TEA-21 challenges FHWA and FTA to move beyond traditional 
capital programs for improving the movement of people and goods--
focusing on the need to improve the way transportation systems are 
managed and operated. FTA and FHWA have convened a working group and 
have commissioned discussion papers on the topic. This information is 
available at http://plan2op.fhwa.dot.gov.
    4. State DOT Consultation With Non-Metropolitan Local Officials. On 
January 23, 2003, the FTA and FHWA issued a final Rule on consultation, 
followed by a technical correction on February 14, 2003, which can be 
accessed at http://www.fta.dot.gov/library/legal/federalregister/2003/fr12303.html and http://www.fta.dot.gov/library/legal/federalregister/2003/fr21403.html. This final rule amends the 1993 Joint FTA/FHWA 
Planning regulation published in the Federal Register, Volume 58, No. 
207, on October 28, 1993. Consultation is a vital issue within the 
transportation planning process. Each State shall have a documented 
process(es) that implements consultation with non-metropolitan local 
officials in the statewide planning process and development of the 
statewide transportation improvement program by February 24, 2004. The 
documented process(es) must be separate and discrete from the State's 
public involvement process. The FTA and FHWA have worked with each 
State to help facilitate development of the documented process(es), but 
will not review or approve the documented process(es). However, the FTA 
and FHWA in the State Planning Finding will comment on progress toward 
accomplishing the documented process(es) and its implementation. Since 
consultation is a vital issue, each State shall review its documented 
process and solicit comments regarding the effectiveness of its 
consultation process within two years of adopting its documented 
process, and thereafter, at least once every five years. The National 
Association of Development Organizations at http://www.nado.org/rtoc/best_practices/index.html has summaries of some State models for using 
regional planning and development organizations to help facilitate the 
input and involvement of rural local officials in the transportation 
planning and programming process.
    5. Enhancing the Technical Capacity of Planning Processes. Reliable 
information on current and projected usage and performance of 
transportation systems is critical to the ability of planning processes 
to supply credible information to decision-makers to support 
preparation of plans and programs that respond to their localities' 
unique needs and policy issues. To ensure the reliability of usage and 
performance data, as well as the responsiveness of policy forecasting 
tools, an evaluation is needed of the quality of information provided 
by the technical tools, data sources, and forecasting models, as well 
as the expertise of staff to ensure its adequacy to support decision-
making. If this expertise is found to be lacking, the responsible 
agencies within

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metropolitan and statewide planning processes are encouraged to devote 
appropriate resources to enhance and maintain their technical capacity.
    For further information on these PEAs, contact Candace Noonan, FTA 
Office of Planning and Environment, (202) 366-1648, or John Humeston, 
FHWA Office of Planning, (404) 562-3667.

F. Consolidated Planning Grants

    Since FY 1997, FTA and FHWA have offered States the option of 
participating in a pilot Consolidated Planning Grant (CPG) program. 
Information concerning participation in the CPG program can be found on 
the FTA Web site at http://www.fta.dot.gov/office/public/cpg.htm. For 
further information on participating in the CPG Pilot, contact Candace 
Noonan, Office of Planning and Environment, FTA, at (202) 366-1648 or 
Anthony Solury, Office of Planning, FHWA, at (202) 366-5003.

V. Urbanized Area Formula Program

A. Total Urbanized Area Formula Apportionments

    The Consolidated Appropriations Act, 2004 provides $3,425,608,562 
to the Urbanized Area Formula Program (49 U.S.C. 5307) after the 
across-the-board .59 percent rescission. In addition, $3,039,008 in 
prior year funds became available for reapportionment under the 
Urbanized Area Formula Program as provided by 49 U.S.C. 5336(i).
    After reserving $17,128,043 for oversight, the amount of FY 2004 
funds available for apportionment is $3,408,480,519. The funds to be 
reapportioned, described in the previous paragraph, are then added and 
increase the total amount apportioned for this program to 
$3,411,519,527. Table 4 displays the amounts apportioned under the 
Urbanized Area Formula Program. Table 4 also shows, by urbanized area 
and State, the amount currently available for obligation in accordance 
with the Surface Transportation Extension Act of 2003. Table 12 
contains the apportionment formula for the Urbanized Area Formula 
Program.
    Additional funds in the amount of $4,821,335 are appropriated for 
the Alaska Railroad for improvements to its passenger operations after 
the across-the-board .59 percent rescission. After reserving $24,107 
for oversight, $4,797,228 remains to finance Alaska Railroad projects. 
Of this amount $2,567,792 is currently available for obligation, in 
accordance with the Surface Transportation Extension Act of 2003. Funds 
appropriated for the Alaska Railroad are allocated in lieu of 
apportioning funds for the Anchorage, AK urbanized area under the fixed 
guideway tier of the section 5307 formula using data attributable to 
the Alaska Railroad Corporation.

B. Data Used for Urbanized Area Formula Apportionments

    Data from the 2002 National Transit Database (NTD) Report Year were 
used to calculate the FY 2004 Urbanized Area Formula apportionments for 
urbanized areas with populations of 200,000 or more. The 2000 Census 
population and population density data are also used in calculating 
apportionments under the Urbanized Area Formula Program.

C. Urbanized Area Formula Apportionments to Governors

    The total Urbanized Area Formula apportionment to the Governor (and 
the amount currently available for obligation in accordance with the 
Surface Transportation Extension Act of 2003) for use in areas under 
200,000 in population for each State are shown in Table 4. This table 
also contains the apportionment amount attributable to each urbanized 
area within the State. The Governor may determine the allocation of 
funds among the urbanized areas under 200,000 in population with the 
following exception: as further discussed in Section F, below, funds 
attributed to an urbanized area under 200,000 in population and located 
within the planning boundaries of a Transportation Management Area, 
must be obligated to that small urbanized area.

D. Transit Enhancements

    One percent of the Urbanized Area Formula Program apportionment in 
each urbanized area with a population of 200,000 or more must be made 
available only for transit enhancements. Table 4 shows the amount set 
aside for enhancements in these areas.
    The term ``transit enhancement'' includes projects or project 
elements that are designed to enhance mass transportation service or 
use and are physically or functionally related to transit facilities. 
Eligible enhancements include the following: (1) Historic preservation, 
rehabilitation, and operation of historic mass transportation 
buildings, structures, and facilities (including historic bus and 
railroad facilities); (2) bus shelters; (3) landscaping and other 
scenic beautification, including tables, benches, trash receptacles, 
and street lights; (4) public art; (5) pedestrian access and walkways; 
(6) bicycle access, including bicycle storage facilities and installing 
equipment for transporting bicycles on mass transportation vehicles; 
(7) transit connections to parks within the recipient's transit service 
area; (8) signage; and (9) enhanced access for persons with 
disabilities to mass transportation.
    It is the responsibility of the MPO to determine how the one 
percent will be allotted to transit projects. The one percent minimum 
requirement does not preclude more than one percent being expended in 
an urbanized area for transit enhancements. However, items that are 
only eligible as enhancements--in particular, operating costs for 
historic facilities--may be assisted only within the one percent 
funding level.
    The recipient must submit a report to the appropriate FTA regional 
office listing the projects or elements of projects carried out with 
those funds during the previous fiscal year and the amount awarded. The 
report must be submitted with the Federal fiscal year's final quarterly 
progress report in TEAM-Web. The report should include the following 
elements: (a) Grantee name, (b) urbanized area name and number, (c) FTA 
project number, (d) transit enhancement category, (e) brief description 
of enhancement and progress towards project implementation, (f) 
activity line item code from the approved budget, and (g) amount 
awarded by FTA for the enhancement.

E. Fiscal Year 2004 Operating Assistance

    In general, FY 2004 funding for operating assistance is available 
only to urbanized areas with populations under 200,000. For these 
areas, there is no limitation on the amount of the State apportionment 
that may be used for operating assistance, and the Federal/local share 
ratio is 50/50. The Consolidated Appropriations Act, 2004 provides an 
exception to the restriction on operating assistance in areas over 
200,000 in population for transit providers that provide mass 
transportation service exclusively to elderly persons and persons with 
disabilities within the urbanized area. The language in Section 176 of 
the General Provisions-Federal Transit Administration in the 
Consolidated Appropriations Act, 2004 stipulates that the number of 
vehicles operated by the eligible transit providers must be 25 or fewer 
vehicles and that operating assistance to all entities shall not exceed 
$10,000,000. The areas eligible under the criteria included in TEA-21 
prior to this amendment have already been identified and notified.

[[Page 6731]]

    The Surface Transportation Extension Act of 2003 also continues the 
provisions of Pub. L. 107-232, which allow transit systems in urbanized 
areas that, for the first time, exceeded 200,000 population according 
to the 2000 Census to use section 5307 funds for operating assistance. 
A list of the eligible 2000 Census urbanized areas (with populations 
200,000 or greater) that may use FY 2004 funds for operating assistance 
is provided in Table 15. The table also shows the maximum amount of the 
area's FY 2004 apportionment that may be used for operating assistance 
and the amount of an area's apportionment currently available for 
obligation as operating assistance. The use of the urbanized area funds 
for operating assistance by these areas is restricted to projects 
carried out within the geographical or service area boundary of the 
affected 1990 census small (less than 200,000 population) urbanized 
area.
    In addition, the Surface Transportation Extension Act of 2003 adds 
a provision that allows operating assistance, in an urbanized area at 
least 200,000, for a 2000 Census urbanized area if a portion of the 
area was not designated as an urbanized area as determined under the 
1990 Federal decennial census and received assistance under section 
5311 in FY 2002. The provision further stipulates that this portion of 
the urbanized area shall receive an amount of funds made available 
under section 5307 that is not less than the amount the portion of the 
area received under section 5311 in FY 2002. Affected areas are not 
identified in Table 15. A grant applicant for an area eligible to 
receive operating assistance under this provision that wants to make 
use of this provision must so state in the grant application. The 
application must identify the previously nonurbanized portion of the 
urbanized area that qualifies (i.e., that portion of the area that was 
not designated as urbanized under the 1990 census and received 
assistance under section 5311). Contact the appropriate FTA regional 
office for additional information or guidance if you intend to make use 
of this provision.

F. Designated Transportation Management Areas

    All 2000 Census urbanized areas having a population of at least 
200,000 have been designated as Transportation Management Areas (TMAs), 
in accordance with 49 U.S.C. 5305. In addition, the Santa Barbara, CA 
urbanized area, which did not meet the population threshold requirement 
for TMA status with respect to 2000 Census, retained its previously 
granted TMA status based on Gubernatorial request. These TMA 
designations were formally made in the FTA Notices at 67 FR 45173 et 
seq. (July 8, 2002) and 67 FR 62285 et seq. (October 4, 2002).
    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 planning boundaries, which 
have been established by the MPO for the designated TMA, also include 
one or more urbanized areas 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, i.e., the 
Governor only has discretion to allocate Governor's Apportionment funds 
attributable to areas that are outside of designated TMA planning 
boundaries.
    If any additional small urbanized areas within the planning 
boundaries of a TMA are identified, notification should be made in 
writing to the Associate Administrator for Program Management, Federal 
Transit Administration, 400 Seventh Street, SW., Washington, DC 20590, 
no later than July 1 of each year. FTA has updated and provided below 
the list of urbanized areas with population less than 200,000 included 
within the planning boundaries of designated TMAs.

----------------------------------------------------------------------------------------------------------------
                         Designated TMA                           Small urbanized area included in TMA boundary
----------------------------------------------------------------------------------------------------------------
Albany, NY.....................................................  Saratoga Springs, NY.
Houston, TX....................................................  Galveston, TX; Lake Jackson-Angleton, TX; Texas
                                                                  City, TX; The Woodlands, TX.
Jacksonville, FL...............................................   St. Augustine, FL.
Orlando, FL....................................................  Kissimmee, FL.
Palm Bay-Melbourne, FL.........................................  Titusville, FL.
Philadelphia, PA-NJ-DE-MD......................................  Pottstown, PA.
Pittsburgh, PA.................................................  Monessen, PA; Weirton, WV--Steubenville, OH-PA
                                                                  (PA portion); Uniontown-Connellsville, PA.
Seattle, WA....................................................  Bremerton, WA.
Washington, DC-VA-MD...........................................  Frederick, MD.
----------------------------------------------------------------------------------------------------------------

G. Urbanized Area Formula Funds Used for Highway Purposes

    Urbanized Area Formula funds apportioned to a TMA can be 
transferred to FHWA and made available for highway projects if the 
following three conditions are met: (1) Such use must be approved by 
the MPO in writing after appropriate notice and opportunity for comment 
and appeal are provided to affected transit providers; (2) in the 
determination of the Secretary, such funds are not needed for 
investments required by the Americans with Disabilities Act of 1990 
(ADA); and (3) the MPO determines that local transit needs are being 
addressed.
    Urbanized Area Formula funds that are designated for highway 
projects will be transferred to and administered by FHWA. The MPO 
should notify FTA of its intent to use FTA funds for highway purposes, 
as prescribed in section VIII.A., below.

VI. Nonurbanized Area Formula Program and Rural Transit Assistance 
Program

A. Nonurbanized Area Formula Program

    The Consolidated Appropriations Act, 2004 provides $239,188,058 to 
the Nonurbanized Area Formula Program (49 U.S.C. 5311) after across-
the-board .59 percent rescission. The FY 2004 Nonurbanized Area Formula 
apportionments to the States total $238,501,062 and are displayed in 
Table 5. Of the $239,188,058 appropriated, $1,195,940 was reserved for 
oversight. The funds apportioned include $508,944 in prior year funds 
available for reapportionment. Table 5 also shows the amount of a 
State's apportionment that is currently available for obligation, in 
accordance with the Surface Transportation Extension Act of 2003.
    The Nonurbanized Area Formula Program provides capital, operating 
and administrative assistance for areas under 50,000 in population. 
Each State must spend no less than 15 percent of its FY 2004 
Nonurbanized Area Formula

[[Page 6732]]

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.

B. Rural Transit Assistance Program

    The Consolidated Appropriations Act, 2004 provides $5,219,025 to 
the Rural Transit Assistance Program (RTAP) (49 U.S.C. 5311(b)(2)) 
after the across-the-board .59 percent rescission. The FY 2004 RTAP 
allocations to the States total $5,219,104 and are displayed in Table 
5. This amount includes $79 in prior year funds available for 
reapportionment. Table 5 also shows the amount of a State's allocation 
that is currently available for obligation, in accordance with the 
Surface Transportation Extension Act of 2003.
    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 a State's administration of the Nonurbanized 
Area Formula Program.
    FTA also supports RTAP activities at the national level within the 
National Planning and Research Program (NPRP). The National RTAP 
activities support the States in their provision of training and 
technical assistance. Congress did not designate any funds for the 
National RTAP among the NPRP allocations in the Conference Report 
accompanying the Consolidated Appropriations Act, 2004. FTA will, 
however, consider the National RTAP among projects to be funded from 
the limited available NPRP funds.

VII. Elderly and Persons With Disabilities Program

    The Consolidated Appropriations Act, 2004 provides $90,117,950 to 
the Elderly and Persons with Disabilities Program (49 U.S.C. 5310) 
after the across-the-board .59 percent rescission. The FY 2004 Elderly 
and Persons with Disabilities Program apportionments to the States 
total $90,361,027 and are displayed in Table 6. The funds apportioned 
include $243,077 in prior year funds available for reapportionment. 
Also displayed in Table 6 is the amount of a State's apportionment 
currently available for obligation, in accordance with the Surface 
Transportation Extension Act of 2003.
    The formula for apportioning these funds uses 2000 Census 
population data for persons aged 65 and over and for persons with 
disabilities. The funds provide capital assistance for transportation 
for elderly persons and persons with disabilities. Eligible capital 
expenses may include, at the option of the recipient, the acquisition 
of transportation services by a contract, lease, or other arrangement.
    While the assistance is intended primarily for private non-profit 
organizations, public bodies that coordinate services for the elderly 
and persons with disabilities, or any public body that certifies to the 
State that there are no non-profit organizations in the area that are 
readily available to carry out the service, may receive these funds.
    These funds may be transferred by the Governor to supplement 
Urbanized Area Formula or Nonurbanized Area Formula capital funds 
during the last 90 days of the fiscal year.

VIII. FHWA Surface Transportation Program and Congestion Mitigation and 
Air Quality Funds Used for Transit Purposes

A. Transfer Process

    The process for transferring flexible formula funds between FTA and 
FHWA programs is described below. For information on the transfer of 
FHWA funds to FTA planning programs contact the FTA/FHWA staff 
identified in section IV.F, above.
    Transfer from FHWA to FTA. FHWA funds designated for use in transit 
capital projects must be derived from the metropolitan and statewide 
planning and programming process, and must be included in an approved 
Statewide Transportation Improvement Program (STIP) before the funds 
can be transferred. By letter the State DOT requests the FHWA Division 
Office to transfer highway funds for a transit project. The letter 
should specify the project, amount to be transferred, apportionment 
year, State, Federal aid apportionment category (i.e., Surface 
Transportation Program (STP), Congestion Mitigation and Air Quality 
(CMAQ), Interstate Substitute, or congressional earmark), and should 
include a description of the project as contained in the STIP.
    The FHWA Division Office confirms that the apportionment amount is 
available for transfer and concurs in the transfer by letter to the 
State DOT and FTA. The FHWA Office of Budget and Finance then transfers 
obligation authority and an equal amount of cash to FTA. All FHWA CMAQ, 
STP, and congressional earmarked funds for transit projects in the 
Appropriations Act or Conference Report will be transferred to one of 
the three FTA formula programs (i.e. Urbanized Area Formula (section 
5307), Nonurbanized Area Formula (section 5311) or Elderly and Persons 
with Disabilities (section 5310).
    The FTA grantee's application for the project must specify which 
program the funds will be used for and the application should be 
prepared in accordance with the requirements and procedures governing 
that program. Upon review and approval of the grantee's application, 
FTA obligates funds for the project.
    Transferred funds are treated as FTA formula funds, but are 
assigned a distinct identifying code for tracking purposes. The funds 
may be used for any capital purpose eligible under the FTA formula 
program to which they are transferred and, in the case of CMAQ, for 
certain operating costs. FTA and FHWA have issued guidance on project 
eligibility under the CMAQ program in a Notice at 65 FR 9040 et seq. 
(February 23, 2000). In accordance with 23 U.S.C. 104(k), all FTA 
requirements except local share are applicable to transferred funds; 
FHWA local share requirements apply to funds transferred from FHWA to 
FTA. Transferred funds should be combined with regular FTA funds in a 
single annual grant application.
    In the event that transferred funds are not obligated for the 
intended purpose within the period of availability of the program to 
which they were transferred, they become available to the Governor for 
any eligible transit project.
    Transfers from FTA to FHWA. The Metropolitan Planning Organization 
(MPO) submits a written request to the FTA Regional Office for a 
transfer of FTA section 5307 formula funds (apportioned to an urbanized 
area 200,000 and over in population) to FHWA based on approved use of 
the funds for highway purposes, as contained in the Governor's approved 
State Transportation Improvement Program. The MPO must certify that: 
(1) The funds are not needed for capital investments required by the 
Americans with Disabilities Act; (2) notice and opportunity for comment 
and appeal has been provided to affected transit providers; and (3) 
local funds used for non-Federal match are eligible to provide 
assistance for either highway or transit projects. The FTA Regional 
Administrator reviews and concurs in the request, then forwards the 
approval to FTA Headquarters, where a reduction equal to the dollar 
amount being transferred to FHWA is made to the grantee's urbanized 
area formula apportionment.
    For information regarding these procedures, please contact Kristen 
D. Clarke, FTA Budget Office, at (202) 366-

[[Page 6733]]

1686; or James V. Lunetta, FHWA Finance Division, at (202) 366-2845.

B. Matching Share for FHWA Transfers

    The provisions of Title 23 U.S.C. regarding the non-Federal share 
apply to Title 23 funds used for transit projects. Thus, FHWA funds 
transferred to FTA retain the same matching share that the funds would 
have if used for highway purposes and administered by FHWA.
    There are three instances in which a Federal share higher than 80 
percent would be permitted. 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 transfers used to 
fund transit projects 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 FHWA transfers administered by FTA may retain the 
same 100 percent Federal share that would be allowed for ride-sharing 
or safety projects administered by the FHWA.
    The third instance includes the 100 percent Federal safety 
projects; however, these are subject to a nationwide 10 percent program 
limitation.

IX. Capital Investment Program (49 U.S.C. 5309)

A. Fixed Guideway Modernization

    The formula for allocating the Fixed Guideway Modernization funds 
contains seven tiers. The apportionment of funding under the first four 
tiers is based on data used to apportion the funding in FY 1997. 
Funding under the last three tiers is apportioned based on the latest 
available data on route miles and revenue vehicle miles on segments at 
least seven years old, as reported to the NTD.
    Table 7 displays the FY 2004 Fixed Guideway Modernization 
apportionments and the amount of an area's apportionment that is 
currently available for obligation, in accordance with the Consolidated 
Appropriations Act, 2004 and the Surface Transportation Extension Act 
of 2003. Fixed Guideway Modernization funds apportioned for this 
section must be used for capital projects to maintain, modernize, or 
improve fixed guideway systems.
    Eligible urbanized areas (those with a population of at least 
200,000) with fixed guideway systems that are at least seven years old 
are entitled to receive Fixed Guideway Modernization funds. A request 
for the start-up service dates for fixed guideways has been 
incorporated into the NTD reporting system to ensure that all eligible 
fixed guideway data is included in the calculation of the 
apportionments. A threshold level of more than one mile of fixed 
guideway is required to receive Fixed Guideway Modernization funds. 
Therefore, urbanized areas reporting one mile or less of fixed guideway 
mileage under the NTD are not included.
    The Consolidated Appropriations Act, 2004 provides $1,199,387,615 
to the Fixed Guideway Modernization after the across-the-board .59 
percent rescission. An amount of $11,993,876 is reserved for oversight, 
leaving $1,187,393,739 available for apportionment to eligible 
urbanized areas. Of this amount, $642,390,071 is currently available 
for obligation, in accordance with the Surface Transportation Extension 
Act of 2003.
    Table 13 contains information regarding the Fixed Guideway 
Modernization apportionment formula.

B. New Starts

    The Consolidated Appropriations Act, 2004 provides $1,320,498,097 
to New Starts after the across-the-board .59 percent rescission. This 
amount includes transfers of $4,514,482 from unobligated FY 2000 and FY 
2001 JARC funds, in accordance with language in the Consolidated 
Appropriations Act, 2004 and accompanying Conference Report. Of the 
$1,320,498,097 available, $13,204,981 is reserved for oversight 
activities, leaving $1,307,293,116 for allocations to projects. In 
addition, Congress directed that funds be made available from projects 
in previous appropriations acts, which increases the total amount made 
available to $1,307,293,121. The reallocated funds are derived from 
unobligated balances for the following projects: Boston-South Boston 
Piers transitways project, $2; and Massachusetts North Shore corridor 
project, $3. The final allocation for each New Starts project is listed 
in Table 8. Also displayed in Table 8 is the amount of each New Starts 
project allocation that is currently available for obligation, in 
accordance with the Surface Transportation Extension Act of 2003.
    Prior year unobligated allocations for New Starts in the amount of 
$499,881,522 remain available for obligation in FY 2004. This amount 
includes $408,432,112 in fiscal years 2002 and 2003 unobligated 
allocations, and $91,449,410 for fiscal years 2000 and 2001 unobligated 
allocations that are extended in the FY 2004 Conference Report. These 
unobligated amounts are displayed in Table 8A.
    Capital Investment Program funds for New Starts projects identified 
as having been extended in the FY 2004 Conference Report accompanying 
the Consolidated Appropriations Act, 2004 will lapse on September 30, 
2004. A list of these extended projects and the amounts that remained 
unobligated as of September 30, 2003, is appended to Table 8A for 
reference.

C. Bus and Bus-Related

    The Consolidated Appropriations Act, 2004 provides $623,499,520 for 
the purchase of buses, bus-related equipment and paratransit vehicles, 
and for the construction of bus-related facilities, after the across-
the-board .59 percent rescission. This amount includes $20 million 
(adjusted for the .59 percent rescission) in FY 2004 funds transferred 
from the JARC program.
    TEA-21 authorized a $100 million Clean Fuels Formula Program under 
49 U.S.C. 5308 (described in section XII below). The program is 
authorized to be funded with $50 million from the Bus and Bus-Related 
category of the Capital Investment Program and $50 million from the 
Formula Program. However, the Consolidated Appropriations Act, 2004 
directs FTA to transfer the formula portion to, and merge it with, 
funding provided for the Bus and Bus-Related category of the Capital 
Investment Program. The .59 percent across-the-board rescission has 
been applied to the $50 million. Thus, $673,204,520 of funds 
appropriated in FY 2004 is available for funding the Bus and Bus-
Related category of the Capital Investment Program. In addition, 
Congress directed that funds made available for bus and bus facilities 
include $2,188,112 reallocated from projects in previous appropriations 
acts, which increases the total amount made available to $675,392,632. 
The reallocated funds are derived from FY 2001 unobligated balances for 
the following projects: (MA) Woburn, buses and bus facilities, 
$247,579; (NJ) Elizabeth Ferry Project, $495,157; (NY) Greenport Sag 
Harbor, ferries and vans, $59,419; (NY) Westchester and Duchess 
counties, vans, $148,063; and (PA) Phoenixville, transit related 
improvements, $1,237,894.
    After reserving $6,732,045 for oversight, the amount available for 
allocation under the Bus and Bus-Related category is $668,660,587. 
Table 9 displays the allocation of the FY 2004 Bus and Bus-Related 
funds by State and

[[Page 6734]]

project. Also displayed in Table 9 is the amount of each Bus and Bus-
Related project allocation that is currently available for obligation, 
in accordance with the Surface Transportation Extension Act of 2003. 
The FY 2004 Conference Report accompanying the Consolidated 
Appropriations Act, 2004 allocated all of the FY 2004 Bus and Bus-
Related funds to specified States or localities for bus and bus-related 
projects. FTA will fund all designations that comply with the statutory 
requirements for the program.
    Prior year unobligated balances for Bus and Bus-Related allocations 
in the amount of $645,560,480 remain available for obligation in FY 
2004. This includes $624,654,956 in fiscal years 2002 and 2003 
unobligated allocations, and $20,905,524 for fiscal years 1998, 1999, 
2000, and 2001 unobligated allocations extended in the FY 2004 
Conference Report. These unobligated amounts are displayed in Table 9A.
    Capital Investment Program funds for Bus and Bus-Related projects 
identified as having been extended in the Conference Report 
accompanying the Consolidated Appropriations Act, 2004 will lapse on 
September 30, 2004. A list of the extended projects and the amounts 
that remains unobligated as of September 30, 2003, is appended to Table 
9A for reference.
    In addition, the FY 2004 Conference Report provides clarifications 
for Bus and Bus-Related projects as follows
    (1) San Dieguito Transportation Cooperative, California--Amounts 
made available from fiscal year 2002 for the San Dieguito 
Transportation Cooperative, California, shall instead be distributed to 
the North County Transit District, California, for initial design and 
planning for a new intermodal center.
    (2) Cambria County, Pennsylvania--Amounts made available from 
fiscal year 2003 for the Cambria County operations and maintenance 
facility, Pennsylvania, shall be distributed to the Johnstown Inclined 
Plane visitor's center, Pennsylvania.
    (3) Somerset County, Pennsylvania--Amounts made available from 
fiscal year 2002 for the Somerset County Transportation System buses, 
Pennsylvania, shall be distributed to Somerset County Accessible Raised 
Roof Vans ($90,000) and to Somerset County bus and bus facilities 
($146,000), Pennsylvania.
    (4) Community Medical Centers, California--Amounts made available 
from fiscal year 2001 for the Community Medical Centers Intermodal 
Facility, Fresno, California, shall be available for the City of Fresno 
for the same project. The availability of funds is extended for one 
year.
    (5) Illinois statewide buses--The conference committee expects IDOT 
to provide at least half the FY 2004 funds made available for downtown 
Illinois replacement of buses in Bloomington, Champaign-Urbana, 
Decatur, Madison County, Peoria, Quincy, RIDES, River Valley, Rockford, 
Rock Island, South Central Illinois MTD, and Springfield. Further the 
conferees expect IDOT to provide appropriate funds for bus facilities 
in Bloomington, Galesburg, Rock Island, and Metro Link's bus 
maintenance facility in St. Clair County.
    (6) Civil Rights Trail Trolleys--Amounts made available in fiscal 
year 2001 for the Montgomery Civil Rights Trail Trolleys shall instead 
be distributed to the City of Montgomery's Rosa Parks bus project. The 
availability of funds is extended for one year.
    (7) Vermont buses--Amounts made available in fiscal year 2001 for 
Central Vermont Transit Authority Wheels Transportation Services shall 
be distributed to the Vermont Agency of Transportation. The 
availability of funds is extended for one year.
    (8) Reno, Nevada, bus projects--Amounts made available for Bus 
Rapid Transit, South Virginia Street, Reno ($1,950,000) for fiscal year 
2003 and Reno Suburban transit coaches ($500,000 in fiscal year 2002) 
shall be made available for Reno/Sparks intermodal transportation 
terminals, as proposed by the Senate.
    (9) Falls Church Bus Rapid Transit terminus, Virginia--Funds made 
available for Falls Church Bus Rapid Transit terminus, Virginia, for 
fiscal year 2001 shall be made available to the City of Falls Church to 
purchase three 30-foot buses to provide shuttle service from temporary 
parking lots during the construction of a parking garage at the West 
Falls Church Metrorail station. Once the garage is completed, the buses 
will be used to provide feeder service to the West Falls Church 
Metrorail station. The availability of funds is extended for one year.
    (10) Eastchester, Metro North Facilities, New York--Amounts made 
available in fiscal year 2001 for Eastchester, Metro North Facilities, 
New York shall instead be distributed to the Bronx Zoo Intermodal 
Transportation Facility, New York. The availability of funds is 
extended for one year.
    (11) Westbrook, Intermodal Facility, Maine--Amounts made available 
in fiscal year 2003 for Westbrook, Intermodal Facility, Maine shall 
instead be distributed to State of Maine, Statewide Buses.
    (12) Section 175 of the Consolidated Appropriations Act, 2004 
allows the Memphis-Shelby International Airport intermodal facility to 
be eligible under ``Federal Transit Administration, bus and bus 
facilities.''

X. Job Access and Reverse Commute Program

    The Consolidated Appropriations Act, 2004 provides $105 million for 
the Job Access and Reverse Commute (JARC) Program, reduced to 
$104,380,500 by the .59 percent rescission. JARC project allocations 
designated in the accompanying Conference Report are included in this 
notice as Table 11. The amounts designated in the report have been 
adjusted to reflect the rescission, and the $298,230 set aside for 
technical assistance and evaluation of the program. Because TEA-21 
requires that JARC project selections be made through a national 
competition based on statutorily specified criteria, FTA cannot honor 
the designations in report language without further statutory 
direction, such as that provided in legislation enacted subsequent to 
the Appropriations Act in FY 2002 and FY 2003. The Consolidated 
Appropriations Act, 2004 includes language at Section 547, directing 
FTA to honor the JARC designations in the report. FTA will not conduct 
a solicitation for applications for projects to be competitively 
selected in FY 2004, as no additional funds are available.
    The JARC program, established under TEA-21, provides funding for 
the provision of transportation services designed to increase access to 
jobs and employment-related activities. Job Access projects are those 
that transport welfare recipients and low-income individuals, including 
economically disadvantaged persons with disabilities, in urban, 
suburban, or rural areas to and from jobs and activities related to 
their employment. Reverse Commute projects provide transportation 
services for the general public from urban, suburban, and rural areas 
to suburban employment opportunities. A total of up to $10,000,000 from 
the appropriation may be used for Reverse Commute Projects.
    Prior year unobligated balances for JARC allocations in the amount 
of $107,012,264 remain available for obligation in FY 2004. These 
balances include congressional allocations from fiscal years 2002 and 
2003 totaling $103,012,302, along with FY 2002 competitive allocations 
totaling $3,999,962, which are available through the end of FY 2004. 
These unobligated amounts are displayed in Table 11A. Congress 
transferred $4,514,482 from unobligated JARC projects

[[Page 6735]]

Congressionally designated in the conference reports accompanying the 
fiscal year 2000 and 2001 Appropriations Acts to the New Starts 
program. Projects reallocated included all fiscal year 2000 and 2001 
JARC Congressional allocations for which FTA had not received an 
application as of November 7, 2003.

XI. Over-the-Road Bus Accessibility Program

    The Consolidated Appropriations Act, 2004 provides $6,908,995 for 
the Over-the-Road Bus Accessibility (OTRB) Program after the across-
the-board .59 percent rescission. Of this amount, $5,219,025 is 
allocable to providers of intercity fixed-route service, and $1,689,970 
to other providers of over-the-road bus services, including local 
fixed-route service, commuter service, and charter and tour service. 
The total amount of $3,698,147 is currently available for obligation in 
accordance with the Surface Transportation Extension Act of 2003. This 
includes $2,792,101 for intercity fixed-route service and $906,046 for 
other over-the-road bus services.
    The OTRB program authorizes FTA to make grants to operators of 
over-the-road buses to help finance the incremental capital and 
training costs of complying with the DOT over-the-road bus 
accessibility final rule, published on September 28, 1998 (63 FR 
51670). Funds will be provided at 90 percent Federal share. FTA 
conducts a national solicitation of applications and grantees are 
selected on a competitive basis.
    A Federal Register Notice providing program guidance and 
application procedures for FY 2004 was published in the Federal 
Register November 24, 2003. Applications were due February 2, 2004.

XII. Clean Fuels Formula Program

    TEA-21 established the Clean Fuels Formula Grant Program under 
section 5308 of Title 49 U.S.C. to assist non-attainment and 
maintenance areas in achieving or maintaining attainment status and to 
support markets for emerging clean fuel technologies. No funds were 
provided for this program in the Consolidated Appropriations Act, 2004. 
For further information contact Nancy Grubb, FTA Office of Resource 
Management and State Programs, at (202) 366-2053.

XIII. National Planning and Research Program

    The Consolidated Appropriations Act, 2004 provides $35,290,550 for 
the National Planning and Research Program after the across-the-board 
.59 percent rescission. Of this amount $25,685,159 is allocated for 
specific activities after applicable reductions for the Small Business 
Innovation Research program. The project allocations are listed in 
Table 10, along with the amount that is currently available for 
obligation, in accordance with the Surface Transportation Extension Act 
of 2003. For additional information contact Bruce Robinson, Office of 
Research, Demonstration and Innovation, at (202) 366-4209.

XIV. Unit Values of Data for Urbanized Area Formula Program, 
Nonurbanized Area Formula Program, and Fixed Guideway Modernization

    The dollar unit values of data derived from the computations of the 
Urbanized Area Formula Program, the Nonurbanized Area Formula Program, 
and the Capital Investment Program--Fixed Guideway Modernization 
apportionments are displayed in Table 14 of this notice. To replicate 
an area's apportionment, multiply its population, population density, 
and data from the NTD by the appropriate unit value.

XV. Period of Availability of Funds

    The funds apportioned in this notice under the Metropolitan 
Planning Program and the Statewide Planning and Research Program, the 
Urbanized Area Formula Program, and Fixed Guideway Modernization 
Program will remain available to be obligated by FTA to recipients for 
three fiscal years following FY 2004. Any of these apportioned funds 
that remain unobligated at the close of business on September 30, 2007, 
will revert to FTA for reapportionment under the respective program.
    Funds apportioned to nonurbanized areas under the Nonurbanized Area 
Formula Program, including RTAP funds, will remain available for two 
fiscal years following FY 2004. Any such funds that remain unobligated 
at the close of business on September 30, 2006, 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, 
2004. Any such funds that remain unobligated as of that date will 
revert to FTA for reapportionment among the States under the Elderly 
and Persons with Disabilities Program. The Consolidated Appropriations 
Act, 2004 includes a provision requiring that FY 2004 New Starts and 
Bus and Bus-Related funds not obligated for their original purpose as 
of September 30, 2006, shall be made available for other projects under 
49 U.S.C. 5309.
    Funds for JARC projects competitively selected by FTA remain 
available for two fiscal years following the fiscal year of selection. 
Any such funds that remain unobligated after that time will revert to 
FTA for reallocation under the JARC program. There were no competitive 
JARC selections by FTA in FY 2003 and none are anticipated in FY 2004. 
JARC projects selected by FTA in FY 2002 will revert to FTA for 
reallocation after September 30, 2004. Congressional allocations of 
JARC projects remain available to the designated entity unless 
reallocated by Congress. Congress reallocated unobligated Congressional 
allocations for JARC projects from fiscal years 2000 and 2001 in the 
Consolidated Appropriations Act, 2004.
    Capital Investment Program funds for New Starts and Bus and Bus-
Related projects identified as having been extended in the FY 2004 
Conference Report accompanying the Consolidated Appropriations Act, 
2004 will lapse September 30, 2004.

XVI. Automatic Pre-Award Authority To Incur Project Costs

    This information incorporates and elaborates on guidance previously 
provided in the FTA FY 2002 and FY 2003 Apportionments and Allocations 
Notice found at http://www.fta.dot.gov/library/legal/federalregister/2002/fr1202a.pdf and http://www.fta.dot.gov/library/legal/federalregister/2003/fr31203.pdf.

A. Policy

    FTA provides blanket or automatic pre-award authority to cover 
certain program areas described below. This pre-award authority allows 
grantees to incur project costs prior to grant approval and retain 
their eligibility for subsequent reimbursement after grant approval. 
The grantee assumes all risk and is responsible for ensuring that all 
conditions are met to retain eligibility. This automatic pre-award 
spending authority permits a grantee to incur costs on an eligible 
transit capital or planning project without prejudice to possible 
future Federal participation in the cost of the project or projects. 
Prior to exercising pre-award authority, grantees must comply with the 
conditions and Federal requirements outlined in paragraphs B and C 
immediately below. Failure to do so will render an otherwise eligible 
project ineligible for FTA financial assistance. In addition, grantees 
are strongly encouraged to consult with the appropriate FTA regional 
office if there is any question regarding the eligibility

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of the project for future FTA funds or the applicability of the 
conditions and Federal requirements.
    Pre-award authority was extended in the June 24, 1998 Federal 
Register Notice on TEA-21 to all formula funds and flexible funds that 
will be apportioned during the authorization period of TEA-21, 1998-
2003. In the March 12, 2003 Federal Register Notice of FY 2003 
Apportionments and Allocations, FTA extended pre-award authority to 
grantees for project costs to be reimbursed by formula funds and 
flexible funds to be appropriated in FY 2004. In this notice, FTA is 
extending this pre-award authority for formula funds and flexible funds 
that will be appropriated in FY 2005. Pre-award authority for operating 
and planning projects under the formula grant programs is not limited 
to the authorization period. Pre-award authority also applies to 
Capital Investment Bus and Bus-Related allocations identified in this 
notice. For such section 5309 Capital Investment Bus and Bus-Related 
projects, the date that costs may be incurred is the date that the 
appropriation bill in which they are contained is enacted. In this 
notice, FTA is also extending comparable pre-award authority to those 
surface transportation projects commonly referred to as section 330 
projects administered by FTA, for which amounts were provided in the 
Department of Transportation and Related Agencies Appropriations Acts 
(DOT Appropriations Act) in fiscal years 2002 and 2003.
    Blanket pre-award authority does not apply to Capital New Starts 
funds, or to Capital Investment Bus and Bus-Related projects not 
specified in this or previous notices. Specific instances of pre-award 
authority for Capital New Starts projects are described in paragraph D 
below. Before an applicant may incur costs for Bus and Bus-Related 
Capital projects not listed in this notice or previous notices, it must 
first obtain a written Letter of No Prejudice (LONP) from FTA. To 
obtain an LONP, a grantee must submit a written request accompanied by 
adequate information and justification to the appropriate FTA regional 
office, as described in section XVII below.
    In using pre-award authority for FY 2004 or FY 2005 formula funds, 
grantees are cautioned that reauthorization may result in changes in 
program structure, administrative requirements, or funding 
availability. As with all pre-award authority, activities must be 
conducted in compliance with Federal requirements in order to retain 
eligibility for future reimbursement.

B. Conditions

    The conditions under which pre-award authority may be utilized are 
specified below:
    (1) The pre-award authority is not a legal or implied commitment 
that the project(s) will be approved for FTA assistance or that FTA 
will obligate Federal funds. Furthermore, it is not a legal or implied 
commitment that all items undertaken by the applicant will be eligible 
for inclusion in the project(s).
    (2) All FTA statutory, procedural, and contractual requirements 
must be met.
    (3) No action will be taken by the grantee that prejudices the 
legal and administrative findings that the Federal Transit 
Administrator must make in order to approve a project.
    (4) Local funds expended by the grantee pursuant to and after the 
date of the pre-award authority will be eligible for credit toward 
local match or reimbursement if FTA later makes a grant for the 
project(s) or project amendment(s).
    (5) The Federal amount of any future FTA assistance awarded to the 
grantee for the project will be determined on the basis of the overall 
scope of activities and the prevailing statutory provisions with 
respect to the Federal/local match ratio at the time the funds are 
obligated.
    (6) For funds to which the pre-award authority applies, the 
authority expires with the lapsing of the fiscal year funds.
    (7) When a grant for the project is subsequently awarded, the 
Financial Status Report, in TEAM-Web, must indicate the use of pre-
award authority.

C. Environmental, Planning, and Other Federal Requirements

    FTA emphasizes that all of the Federal grant requirements must be 
met for the project to remain eligible for Federal funding. Compliance 
with the National Environmental Policy Act (NEPA) and other 
environmental laws or executive orders (e.g., protection of parklands, 
wetlands, and historic properties) must be completed before State or 
local funds are spent on implementing activities such as final design, 
construction, and acquisition for a project that is expected to be 
subsequently funded with FTA funds. Depending on which class the 
project is included under in FTA environmental regulations, 23 CFR part 
771, the grantee may not advance the project beyond planning and 
preliminary engineering before FTA has issued either a categorical 
exclusion, 23 CFR part 771.117(d), a finding of no significant impact 
(FONSI), or an environmental record of decision (ROD). The conformity 
requirements of the Clean Air Act, 40 CFR part 93, also must be fully 
met before the project may be advanced into implementation under pre-
award authority with non-Federal funds.
    Similarly, the requirement that a project be included in a locally 
adopted metropolitan transportation improvement program and federally 
approved statewide transportation improvement program must be followed 
before the project may be advanced with non-Federal funds under pre-
award authority. For planning projects, the project must be included in 
a locally approved Planning Work Program that has been coordinated with 
the State. In addition, Federal procurement procedures, as well as the 
whole range of Federal requirements, must be followed for projects in 
which Federal funding will be sought in the future. Failure to follow 
any such requirements could make the project ineligible for Federal 
funding. In short, this increased administrative flexibility requires a 
grantee to make certain that no Federal requirements are circumvented 
through the use of pre-award authority. If a grantee has questions or 
concerns regarding the environmental requirements, or any other Federal 
requirements that must be met before incurring costs, it should contact 
the appropriate regional office.

D. Pre-Award Authority for New Starts Projects

    The pre-award authorities related to New Starts projects that were 
provided in the FY 2003 Apportionments and Allocations Notice published 
in the Federal Register on March 12, 2003, (68 FR 1106 et seq.) remain 
in effect. The FY 2003 Notice may be found on the FTA Web site at 
http://www.fta.dot.gov/library/legal/federalregister/2003/fr31203.pdf. 
The referenced FY 2003 Notice includes a complete description of the 
conditions that apply to each of the pre-award authorities listed in 
the chart below:

----------------------------------------------------------------------------------------------------------------
 Pre-award authority to incur cost for:                    Preaward authority is effective upon:
----------------------------------------------------------------------------------------------------------------
NEPA Compliance.........................  Inclusion of Project in the STIP.
Preliminary Engineerinig (PE)...........  FTA's Approval of Entry into PE.

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Acquisition of Real Prooperty...........  FTA's Complection of the NEPA Process.
Final Design............................  FTA's Approval of Entry into Final Design.
Construction............................  Full Funding Grant Agreement.
----------------------------------------------------------------------------------------------------------------

XVII. Letter of No Prejudice (LONP) Policy

A. Policy

    LONP authority allows an applicant to incur costs on a project 
utilizing non-Federal resources, with the understanding that the costs 
incurred subsequent to the issuance of the LONP may be reimbursable as 
eligible expenses or eligible for credit toward the local match should 
FTA approve the project at a later date. LONPs are applicable to 
projects and project activities not covered by automatic pre-award 
authority. The majority of LONPs will be for Section 5309 New Starts 
funds not covered under a full funding grant agreement or for Section 
5309 Bus and Bus-Related funds not yet appropriated by Congress. At the 
end of an authorization period, LONPs may be issued for formula funds 
beyond the life of the current authorization or FTA's extension of 
automatic pre-award authority.

B. Conditions and Federal Requirements

    The conditions for pre-award authority specified in Part XVI, B, 
above apply to all LONPs. The Environmental, Planning and Other Federal 
Requirements described in Part XVI, C, also apply to all LONPs. Because 
project implementation activities may not be initiated prior to NEPA 
completion, FTA will normally not issue an LONP for such activities 
until the NEPA process has been completed with a ROD, FONSI, or 
Categorical Exclusion determination.

C. Request for LONP

    Before an applicant may incur costs for a project not covered by 
automatic pre-award authority, it must first submit a written request 
for an LONP to the appropriate regional office and obtain written 
approval.

XVIII. Program Guidance

    The FTA Web site at http://www.fta.dot.gov is a source of program 
guidance and current information of interest to FTA grantees, including 
this apportionment notice. The Web site is currently being redesigned 
to provide a more customer-focused source of information. Grantees 
should check the FTA Web site frequently to keep up to date on new 
postings.
    The following FTA program Circulars are posted on the Web site: 
C9030.1C, Urbanized Area Formula Program: Grant Application 
Instructions, dated October 1, 1998; C9040.1E, Nonurbanized Area 
Formula Program Guidance and Grant Application Instructions, dated 
October 1, 1998; C9070.1E, The Elderly and Persons with Disabilities 
Program Guidance and Application Instructions, dated October 1, 1998; 
C9300.1A, Capital Program: Grant Application Instructions, dated 
October 1, 1998; 4220.1E, Third Party Contracting Requirements, dated 
June 19, 2003; C5010.1C, Grant Management Guidelines, dated October 1, 
1998; C8100.1B, Program Guidance and Application Instructions for 
Metropolitan Planning Program Grants, dated October 25, 1996; C8200.1, 
Program Guidance and Application Instructions for State Planning and 
Research Program Grants, dated December 27, 2001; and C5200.1A, Full 
Funding Grant Agreement Guidance, dated December 5, 2002. The FY 2004 
Annual List of Certifications and Assurances is also posted on the FTA 
Web site. Other documents on the FTA Web site of particular interest to 
public transit providers and users include the annual Statistical 
Summaries of FTA Grant Assistance Programs and the National Transit 
Database Profiles. The DOT final rule on ``Participation by 
Disadvantaged Business Enterprises in Department of Transportation 
Financial Assistance Programs,'' which was effective July 16, 2003, can 
be found on the Department's Web site at http://osdbuweb.dot.gov/business/dbe/Docs/03-14989.pdf.

XIX. FTA Fiscal Year 2004 Annual List of Certifications and Assurances

    On January 15, 2004, FTA published in the Federal Register the list 
and accompanying text of all Certifications and Assurances required of 
recipients of FTA assistance in FY 2004. See, 69 FR 2454 et seq. The 
full text of the FY 2004 Certifications and Assurances is also 
accessible both on FTA's Internet Web site at http://www.fta.dot.gov/library/legal/federalregister/2004/2004_CERTS.doc and on TEAM-Web. In 
compliance with 49 U.S.C. 5323(n), which requires a simultaneous 
publication of a list of the Certifications and Assurances and FTA's 
annual notice of Apportionments, recipients are directed to the January 
15, 2004, notice at 69 FR 2454 et seq. for the list and text of FTA's 
Certifications and Assurances and to FTA's Web sites displaying those 
Certifications and Assurances. Any questions regarding this document 
may be addressed to the appropriate FTA regional office.
    As in previous years, the grant applicant should certify 
electronically. Under certain circumstances the applicant may enter its 
Personal Identification Number (PIN) in lieu of an electronic signature 
provided by its attorney, provided the applicant has on file the 
current affirmation of its attorney in writing dated this Federal 
fiscal year. The applicant is advised to contact the appropriate FTA 
regional office for electronic procedure information.

XX. Grant Application Procedures

    Grantees must provide a Dun and Bradstreet (D&B) Data Universal 
Numbering System (DUNS) number for inclusion in all applications for a 
Federal grant or cooperative agreement submitted on or after October 1, 
2003. The Office of Management and Budget (OMB) published this 
requirement in the Federal Register on June 27, 2003 at 68 FR 38402 et 
seq. On August 4, 2003, FTA issued a Dear Colleague letter including 
instructions on how to obtain a DUNS number, which can be accessed at 
http://www.fta.dot.gov/office/public/2003/c0314.html. The DUNS number 
should be entered into the grantee profile in TEAM. Additional 
information about this and other Federal grant streamlining initiatives 
mandated by the Federal Financial Assistance Management Improvement Act 
of 1999 (Pub. L. 106-107) can be accessed on OMB's Web site at http://www.whitehouse.gov/omb/grants/reform.html.
    All applications for FTA funds should be submitted to the 
appropriate FTA regional office. FTA utilizes TEAM-Web, an Internet 
accessible electronic grant application system, and all applications 
should be filed electronically. FTA has provided exceptions to the 
requirement for electronic filing of applications for certain new, non-
traditional grantees in the Job Access and Reverse Commute and Over-
the-Road Bus Accessibility programs, as well as to a few grantees

[[Page 6738]]

that have not successfully connected to or accessed TEAM-Web.
    In FY 2004 FTA is committed to reducing the average days required 
to process a grant to 36, while continuing to process at least 80 
percent of grants within 60 days of receipt of a completed application 
by the appropriate Regional Office. In FY 2003, FTA achieved this goal 
with 83 percent of grants obligated within 60 days of submission of a 
completed application and an average processing time of 39 days. In 
order for an application to be considered complete, it must meet the 
following requirements: all projects must be contained in an approved 
STIP (when required), all environmental findings must be made by FTA, 
an adequate project description must be included, the local share must 
be secured, any flexible funds included in the budget must be secured, 
all required civil rights submissions must be current, and 
certifications and assurances must be properly submitted. Once an 
application is complete, the FTA Regional Office will assign a project 
number and, when required, submit the application to the Department of 
Labor (DOL) for a certification under section 5333(b). During FY 2004, 
any grantees applying for funds available under an extension of TEA-21 
before the full year's apportionment becomes available, are encouraged 
to include contingency items for the remainder of the funds, so that 
the entire project can be certified by DOL at the time of the initial 
application. The FTA circulars contain more information regarding 
application contents. State applicants for section 5311funds are 
reminded that they must certify to DOL that all subrecipients have 
agreed to the standard labor protection warranty for section 5311 and 
provide DOL with specified related information for each grant.
    This notice and all program guidance circulars may be accessed via 
the FTA Web site. Copies of circulars are available from FTA regional 
offices, as well.

    Issued on: February 4, 2004.
Jennifer L. Dorn,
Administrator.
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[FR Doc. 04-2741 Filed 2-10-04; 8:45 am]
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