[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Notices]
[Pages 27969-27970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11144]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Implementation of Section 176 of the Consolidated Appropriations 
Act, 2004 (Pub. L. 108-199, Division F)

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice provides information and instructions to grantees 
on the implementation of section 176 of the Consolidated Appropriations 
Act, 2004, (Pub. L. 108-199, Division F). Section 176 amends section 
3027(c)(3) of TEA-21 to allow for operating assistance under 49 U.S.C. 
5307. This assistance is available to a transit provider of services 
exclusively for elderly persons and persons with disabilities and that 
operate 25 or fewer vehicles in an urbanized area with a population of 
at least 200,000.

DATES: A letter of intent to apply for operating assistance under 
section 176 must be received by the appropriate FTA Regional Office on 
or before June 16, 2004. FTA will make a determination of the amount 
eligible applicants may use for operating assistance on or before July 
16, 2004.

ADDRESSES: Addresses of the ten FTA Regional Offices are listed at the 
end of this notice in Appendix A.

FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional 
Administrator or Mary Martha Churchman, Director, Office of Resource 
Management and State Programs, (202) 366-2053.

SUPPLEMENTARY INFORMATION: Generally, operating assistance is not an 
eligible cost for recipients of Urbanized Area Formula (49 U.S.C. 5307) 
funds in an urbanized area (UZA) with a population of 200,000 or more. 
Section 360 of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (Pub. L. 105-277), amended section 3027(c) of 
TEA-21 by adding paragraph (3), which allows for an exception to this 
restriction on operating assistance and provides that FTA may allow 
certain recipients of section 5307 funds in such areas that provide 
service for elderly persons and persons with disabilities, with 20 or 
fewer vehicles, to use a portion of their section 5307 funds for 
operating assistance. Section 341 of the Fiscal Year (FY) 2001 DOT 
Appropriations Act (Pub. L. 106-346), subsequently amended section 
3027(c)(3) of TEA-21 by increasing the amount of available funding 
under section 3027(c)(3) of TEA-21 from $1,000,000 to $1,444,000.

[[Page 27970]]

    Section 176 of the Consolidated Appropriations Act, 2004, further 
amends section 3027(c)(3) of TEA-21, as amended, for FY 2004. The two 
principal changes set forth in the language of section 176 are: (1) The 
number of vehicles an eligible transit provider may operate is 25 or 
fewer; and (2) the total amount of funding available for assistance to 
all entities may not exceed $10 million. Previously, only four Texas 
grantees were eligible; but we believe additional grantees may be 
eligible under this amendment. All grantees wishing to use section 176, 
including those previously identified as eligible, must meet the 
criteria listed below and are asked to send letters of intent to the 
appropriate FTA Regional Office.

Criteria

    The criteria by which FTA will allow eligibility for Federal 
transit operating assistance under the provisions of section 176 of the 
Consolidated Appropriations Act, 2004, are as follows:
    1. The only transit service the operator provides is demand-
responsive service for elderly persons and/or persons with 
disabilities. Such service does not include service for the general 
public.
    2. The number of demand-responsive vehicles, operated in maximum 
service, is 25 or fewer.
    3. The operator provides the demand-responsive service in a UZA 
with a population of 200,000 or more.
    4. The demand-responsive service provided is not ADA paratransit 
service complementary to fixed-route service.
    5. Neither fixed-route nor ADA-related paratransit service 
complementary to fixed-route service is provided in the service areas 
served by the demand-responsive service for which Federal transit 
operating assistance will be requested.
    6. The Metropolitan Planning Organization concurs in the use of 
operating assistance for a portion of the urbanized area's section 5307 
apportionment.

Calculation

    After determining a transit provider's eligibility to use section 
5307 funds for operating assistance, and taking into account the total 
amounts of Federal transit operating assistance being requested, FTA 
will determine the amount for which the recipient is eligible. The 
grantee/transit operator may not apply for and will not receive more 
than 50 percent of its net cost for operating expenses for the local 
fiscal year for which operating assistance is requested.
    If the total amount requested by all eligible recipients under 
section 176 is greater than $10 million, FTA will calculate the amount 
allowable to each eligible recipient on a pro-rated basis to all of the 
eligible recipients requesting assistance under section 176.

FTA Grant Application Requirements

    All of the normal FTA grant requirements regarding Federal transit 
operating assistance apply, as described in Appendix D of FTA Circular 
9030.1C, ``Urbanized Area Formula Program: Grant Application 
Instructions,'' dated October 1, 1998. Understanding that amendments to 
Transportation Improvement Programs (TIP) and State Transportation 
Improvement Programs (STIP) will have to be made, FTA will not require 
that the funds be programmed in a TIP before the letter of intent is 
received. However, use of the funds under section 176 must be 
programmed in an approved TIP and an approved STIP before FTA can 
obligate funds.

Letter of Intent

    The letter of intent, which must be received by the appropriate FTA 
Regional Office on or before June 16, 2004, should address the 
following:
    1. Each criterion of eligibility listed.
    2. The amount of FY 2004 funds requested for Federal transit 
operating assistance. Such amount may not be greater than 50 percent of 
the grant recipient's net cost for operating expenses for the local 
fiscal year for which operating assistance is requested.

After eligibility and funding determinations have been made, FTA will 
notify all transit providers/grantees that submitted letters of intent 
of their eligibility status and the amount of funding they may apply 
for. Please contact the appropriate FTA Regional Office for additional 
information or guidance if you intend to make use of this provision.

    Issued on: May 11, 2004.
Jennifer L. Dorn,
Administrator.

Appendix A--FTA Regional Offices

Region 1--Boston, Kendall Square, 55 Broadway, Suite 920, Cambridge, 
MA 02142-1093, Tel. 617 494-2055
Region 2--New York, One Bowling Green, Room 429, New York, NY 10004-
1415, Tel. No. 212 668-2170
Region 3--Philadelphia 1760 Market Street, Suite 500, Philadelphia, 
PA 19103-4124, Tel. 215 656-7100
Region 4--Atlanta, Atlanta Federal Center, Suite 17T50, 61 Forsyth 
Street SW, Atlanta, GA 30303, Tel. 404 562-3500
Region 5--Chicago, 200 West Adams Street, Suite 320, Chicago, IL 
60606, Tel. 312 353-2789
Region 6--Ft. Worth, 819 Taylor Street, Room 8A36, Ft. Worth, TX 
76102, Tel. 817 978-0550
Region 7--Kansas City, MO 901 Locust Street, Room 404, Kansas City, 
MO 64106, Tel. 816 329-3920
Region 8--Denver, Columbine Place, 216 16th Street, Suite 650, 
Denver, CO 80202-5120, Tel. 303 844-3242
Region 9--San Francisco, 201 Mission Street, Room 2210, San 
Francisco, CA 94105-1926, Tel. 415 744-3133
Region 10--Seattle, Jackson Federal Building, 915 Second Avenue, 
Suite 3142, Seattle, WA 98174-1002, Tel. 206 220-7954

[FR Doc. 04-11144 Filed 5-14-04; 8:45 am]
BILLING CODE 4910-57-P