[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5718-5727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1396]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Over-the-Road Bus Accessibility Program Grants

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Availability of Fiscal Year 2006 Funds: Solicitation 
of Grant Applications.

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SUMMARY: The U.S. Department of Transportation (DOT) Federal Transit 
Administration (FTA) announces the availability of funds in fiscal year 
(FY) 2006 for the Over-the-Road Bus (OTRB) Accessibility Program, 
authorized by Section 3038 of the Transportation Equity Act for the 
21st Century (TEA-21). The OTRB Accessibility Program makes funds 
available to private operators of over-the-road buses to finance the 
incremental capital and training costs of complying with DOT's over-
the-road bus accessibility final rule, 49 CFR Part 37, published in a 
Federal Register notice on September 28, 1998 (63 FR 51670). The 
authorizing legislation calls for national solicitation of 
applications, with grantees to be selected on a competitive basis. 
Federal transit funds are available to intercity fixed-route providers 
and other OTRB providers at up to 90 percent of the project cost.
    In FY 2006, following a one percent rescission, $5,568,750 was made 
available for intercity fixed-route service providers and $1,856,250 
was made available for other over-the-road bus service providers.
    This announcement is available on the Internet on the FTA Web site 
at: http://www.fta.dot.gov. FTA will announce final selections on the 
Web site and in the Federal Register. A synopsis of this announcement 
will be posted in the FIND module of the government-wide electronic 
grants Web site at http://www.grants.gov. Applications may be submitted 
to FTA in hard copy or electronically through the GRANTS.GOV APPLY 
function.

DATES: Complete applications for Over-the-Road Bus (OTRB) Program 
grants must be submitted to the appropriate FTA regional office (see 
Appendix C) by April 3, 2006, or submitted electronically through the 
http://grants.gov Web site by the same date. Anyone intending to apply 
electronically should initiate the process of registering on the http://grants.gov site immediately to ensure completion of registration 
before the deadline for submission. FTA will announce grant selections 
in the Federal Register when the competitive selection process is 
complete.

FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional 
Administrator (Appendix C) for application-specific information and 
issues. For general program information, contact Blenda Younger, Office 
of Transit Programs, (202) 366-2053, e-mail: 
[email protected]. A TDD is available at 1-800-877-8339 (TDD/
FIRS).

Overview Information

    Federal Agency Name: Department of Transportation, Federal Transit 
Administration (FTA).

[[Page 5719]]

    Funding Opportunity Title: Capital and Training Assistance Program 
for Over-the-Road Bus Accessibility.
    Announcement Type: Initial Announcement: Notice of Availability of 
Fiscal Year 2006 Funds: Solicitation of Grant Applications.

(Catalog of Federal Domestic Assistance (CFDA) Number: 20.518 
Capital and Training Assistance Program for Over-the-Road Bus 
Accessibility.)


DATES: Complete applications for Over-the-Road Bus (OTRB) Program 
grants must be submitted to the appropriate FTA regional office (see 
Appendix C) by April 3, 2006, or submitted electronically through the 
http://www.grants.gov Web site by the same date.
    Anyone intending to apply electronically should initiate the 
process of registering on the http://grants.gov site immediately to 
ensure completion of registration before the deadline for submission. 
FTA will announce grant selections when the competitive selection 
process is complete.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review Information
VI. Award Administration Information
VII. Agency Contacts
Appendix A--Over-the-Road Bus Accessibility Program Application
Appendix B--Federal Fiscal Year 2006 Certifications and Assurances 
for the Federal Transit Administration Over-the-Road Bus 
Accessibility Grants
Appendix C--FTA Regional Offices

I. Funding Opportunity Description

A. Authority

    The program is authorized under Section 3038 of the Transportation 
Equity Act for the 21st Century (TEA-21), Pub. L. 105-85 as amended by 
SAFETEA-LU, Pub. L. 109-059, August 10, 2005.

B. Background

    Over-the-road buses are used in intercity fixed-route service as 
well as other services, such as commuter, charter, and tour bus 
services. These services are an important element of the U.S. 
transportation system. TEA-21 authorized FTA's Over-the-road Bus 
Accessibility Program to assist over-the-road bus operators in 
complying with the Department's Over-the-Road Bus Accessibility rule, 
``Transportation for Individuals with Disabilities'' (49 CFR Part 37) 
published in a Federal Register notice on September 28, 1998 (63 FR 
51670).

Summary of DOT's Over-the-Road Bus Accessibility Rule

    Deadlines for Acquiring Accessible Vehicles. Under the over-the-
road bus accessibility rule, all new buses obtained by large (Class I 
carriers, i.e., those with gross annual operating revenues of $5.3 
million or more), fixed-route carriers after October 30, 2000 must be 
accessible, with wheelchair lifts and tie-downs that allow passengers 
to ride in their own wheelchairs. The rule requires 50 percent of the 
fixed-route carriers' fleets to be accessible by 2006, and 100 percent 
of the vehicles in their fleets to be accessible by 2012. The buses 
acquired by small (gross operating revenues of less than $5.3 million 
annually) fixed-route providers after October 29, 2001 also are 
required to be lift-equipped, although they do not have a deadline for 
total fleet accessibility. Small providers also can provide equivalent 
service in lieu of obtaining accessible buses. Starting in 2001, 
charter and tour companies have to provide service in an accessible bus 
on 48 hours' advance notice. Fixed-route companies must also provide 
this kind of service on an interim basis until their fleets are 
completely accessible.
    Deadlines for Delivering Accessible Service. The rules for 
delivering accessible motorcoach service went into effect October 29, 
2001 for large fixed-route, charter, tour and other demand-responsive 
motorcoach companies. The rules went into effect for small operators on 
October 28, 2002. After these dates, companies must provide service in 
an accessible coach to a passenger who requests it and gives 48 hours' 
advance notice. Small companies may provide equivalent service, instead 
of acquiring accessible coaches. This equivalent service may be 
provided in an alternate vehicle (e.g.,a van), provided that the 
service allows passengers to travel in their own wheelchairs.
    Specifications describing the design features that an over-the-road 
bus must have to be readily accessible to and usable by persons who use 
wheelchairs or other mobility aids required by the ``Americans with 
Disabilities Act Accessibility Guidelines for Transportation Vehicles: 
Over-the-Road Buses'' rule (36 CFR part 1192) were published in another 
Federal Register notice on September 28, 1998.

C. Purpose

    Improving mobility and shaping America's future by ensuring that 
the transportation system is accessible, integrated, and efficient, and 
offers flexibility of choices is a key strategic goal of the Department 
of Transportation. Over-the-road Bus Accessibility projects will 
improve mobility for individuals with disabilities by providing 
financial assistance to help make vehicles accessible and training to 
ensure that drivers and others understand how to use accessibility 
features as well as how to treat patrons with disabilities.

D. Vehicle and Service Definitions

    An ``over-the-road bus'' is a bus characterized by an elevated 
passenger deck located over a baggage compartment.
    Intercity, fixed-route over-the-road bus service is regularly 
scheduled bus service for the general public, using an over-the-road 
bus that: operates with limited stops over fixed routes connecting two 
or more urban areas not in close proximity or connecting one or more 
rural communities with an urban area not in close proximity; has the 
capacity for transporting baggage carried by passengers; and makes 
meaningful connections with scheduled intercity bus service to more 
distant points. The application includes six factors that will be 
reviewed to determine eligibility for the portion of the funding 
limited to operators that qualify under this definition.
    Other over-the-road bus service means any other transportation 
using over-the-road buses, including local fixed-route service, 
commuter service, and charter or tour service (including tour or 
excursion service that includes features in addition to bus 
transportation such as meals, lodging, admission to points of interest 
or special attractions). While some commuter service may also serve the 
needs of some intercity fixed-route passengers, the statute includes 
commuter service in the definition of ``other'' service. Commuter 
service providers should apply for these funds, even though the 
services designed to meet the needs of commuters may also provide 
service to intercity fixed-route passengers on an incidental basis. If 
a service provider can document that more than 50 percent of its 
passengers are using the service as intercity fixed-route service, the 
provider may apply for the funds designated for intercity fixed-route 
operators.

II. Award Information

    Federal transit funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
cost. In FY 2006, after a one percent rescission, $5,568,750 was made 
available for intercity fixed-route service providers and $1,856,250 
was made

[[Page 5720]]

available for other over-the-road bus service providers. Successful 
applicants will be awarded grants. Typical grants under this program 
range from $25,000 to $180,000, with most grants being less than 
$40,000, for lift equipment for one bus.

III. Eligibility Information

1. Eligible Applicants

    Grants will be made directly to operators of over-the-road buses. 
Intercity, fixed-route over-the-road bus service providers may apply 
for the $5,568,750 available to intercity fixed-route providers in FY 
2006. Applicants must establish eligibility as intercity fixed-route 
providers by meeting established criteria on six factors identified in 
the application. Other over-the-road bus service providers, including 
operators of local fixed-route service, commuter service, and charter 
or tour service may apply for the $1,856,250 available in FY 2006 for 
these providers. OTRB operators who provide both intercity, fixed-route 
service and another type of service, such as commuter, charter or tour, 
may apply for both categories of funds with a single application. 
Private for-profit operators of over-the-road buses are eligible to be 
direct applicants for this program. This is a departure from most other 
FTA programs for which the direct applicant must be a state or local 
public body. FTA does not award grants to public bodies under this 
program.
Eligible Projects
    Projects to finance the incremental capital and training costs of 
complying with DOT's over-the-road bus accessibility rule (49 CFR part 
37) are eligible for funding. Incremental capital costs eligible for 
funding include adding lifts, tie-downs, moveable seats, doors and all 
labor costs associated with work on the vehicle needed to make vehicles 
accessible. Retrofitting vehicles with such accessibility components is 
also an eligible expense. Please see Buy America section for further 
determination of eligibility.
    FTA may award funds for costs already incurred by the applicants. 
Any new wheelchair accessible vehicles delivered since June 8, 1998, 
the date that the Transportation Equity Act for the 21st Century was 
effective, are eligible for funding under the program. Vehicles of any 
age that have been retrofitted with lifts and other accessibility 
components since June 8, 1998 are also eligible for funding.
    Eligible training costs are those required by the final 
accessibility rule as described in 49 CFR 37.209. These activities 
include training in proper operation and maintenance of accessibility 
features and equipment, boarding assistance, securement of mobility 
aids, sensitive and appropriate interaction with passengers with 
disabilities, and handling and storage of mobility devices. The costs 
associated with developing training materials or providing training for 
local providers of over-the-road bus services for these purposes are 
eligible expenses.
    FTA will not fund the incremental costs of acquiring used 
wheelchair accessible OTRBs, as it may be impossible to verify whether 
or not FTA funds were already used to make the vehicles accessible. 
Also, it would be difficult to place a value on the accessibility 
features based upon the depreciated value of the vehicle. FTA wishes to 
increase the number of wheelchair accessible over-the-road buses 
available to persons with disabilities throughout the country, and the 
purchase of used accessible vehicles, whether or not they were 
previously funded by FTA, does not further this objective.
    FTA has sponsored the development of accessibility training 
materials for public transit operators. FTA-funded Project Action is a 
national technical assistance program to promote cooperation between 
the disability community and the transportation industry. Project 
Action provides training, resources and technical assistance to 
thousands of disability organizations, consumers with disabilities, and 
transportation operators. It maintains a resource center with the most 
up-to-date information on transportation accessibility. Project Action 
may be contacted at: Project Action, 700 Thirteenth Street NW., Suite 
200, Washington, DC 20590. Phone: 1-800-659-6428. Internet address: 
http://www.projectaction.org/.

2. Cost Sharing or Matching

    Federal transit funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
cost. A 10 percent match is required.

IV. Application and Submission Information

1. Address To Request Application Package

    This announcement includes all of the information that you need to 
apply. It is available on the Internet on the FTA Web site at http://www.fta.dot.gov. FTA will announce final selections on the Web site and 
in the Federal Register. A synopsis of this announcement will be posted 
in the FIND module of the government-wide electronic grants Web site at 
http://www.grants.gov.

2. Content and Form of Application Submission

Guidelines for Preparing Grant Application
    FTA is conducting a national solicitation for applications under 
the OTRB Accessibility program. Grant awards will be made on a 
competitive basis. The application should provide information on all 
items for which you are requesting funding in FY 2006. If you use 
another company's previous application as a guide, remember to modify 
all elements as appropriate to reflect your company's situation. The 
application must include a project narrative in the format provided in 
Appendix A, in addition to Standard Form 424, ``Application for Federal 
Assistance''.
Application Content
     Applicant Information
    This addresses basic identifying information, including:
    a. Company name.
    b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
number.
    c. Contact information for notification of project selection: 
Contact name, address, fax and phone number.
    d. Description of services provided by company, including areas 
served.
    e. For fixed-route carriers, whether you are a large (Class I, with 
gross annual operating revenues of $5.3 million or more) or small 
(gross operating revenues of less than $5.3 million annually) carrier.
    f. Existing fleet and employee information, including number of 
over-the-road buses used for (1) intercity fixed-route service, and (2) 
other service, and number of employees.
    g. If you provide both intercity fixed-route service and another 
type of service, such as commuter, charter or tour service, please 
provide an estimate of the proportion of your service that is 
intercity.
    h. Description of your technical, legal, and financial capacity to 
implement the proposed project. Include evidence that you currently 
possess appropriate operating authority--e.g. DOT number if you operate 
interstate or identifier assigned by state if you do not operate 
interstate service.
 Project Information
    Every application must:
    a. Provide the Federal amount requested for each purpose for which

[[Page 5721]]

funds are sought in the format in Appendix A.
    b. Document matching funds, including amount and source.
    c. Describe project, including components to be funded, i.e., 
lifts, tie-downs, moveable seats, etc., and/or training.
    d. Provide project time-line, including significant milestones such 
as date or contract for purchase of vehicle(s), and actual or expected 
delivery date of vehicles.
    e. Address each of the five statutory evaluation criteria described 
in V.
    f. If requesting funding for intercity service, provide evidence 
that:
    1. The applicant provides scheduled, intercity, fixed route, over-
the-road bus service that interlines with one or more scheduled, 
intercity bus operators. (Such evidence includes applicant's membership 
in the National Bus Traffic Association or participation in separate 
interline agreements, and participation in interline tariffs or price 
lists issued by, or on behalf of, scheduled, intercity bus operators 
with whom the applicant interlines); and.
    2. The applicant has obtained authority from the Federal Motor 
Carrier Safety Administration or the Interstate Commerce Commission to 
operate scheduled, intercity, fixed route service; and as many of the 
following as are applicable;
    3. The applicant is included in Russell's Official National Motor 
Coach Guide showing that it provides regularly scheduled, fixed route 
over-the-road bus service with meaningful connections with scheduled 
intercity bus service to more distant points.
    4. The applicant maintains a website showing routes and schedules 
of its regularly scheduled, fixed route over-the-road bus service and 
its meaningful connections to other scheduled, intercity bus service.
    5. The applicant maintains published schedules showing its 
regularly scheduled, fixed route over-the-road bus service and its 
meaningful connections to other scheduled, intercity bus service.
    6. The applicant participates in the International Registration 
Plan (IRP) apportionment program.
 Labor Information
    a. Identify any labor organizations that may represent your 
employees and all labor organizations that represent the employees of 
any transit providers in the service area of the project. For each 
local of a nationally affiliated union, the applicant must provide the 
name of the national organization and the number or other designation 
of the local union. (For example, Amalgamated Transit Union local 
1258.) Since DOL makes its referral to the national union's 
headquarters, there is no need to provide a means of contacting the 
local organization.
    b. For each independent labor organization (i.e., a union that is 
not affiliated with a national or international organization) the local 
information will be necessary (name of organization, address, contact 
person, phone, fax numbers).
    c. Where a labor organization represents transit employees in the 
service area of the project, DOL must refer the proposed protective 
arrangements to each union and to each recipient. For this reason, 
please provide DOL with a contact person, address, telephone number and 
fax number for your company and associated union information.

3. Submission Dates and Times

    Complete applications for OTRB Accessibility Program grants must be 
submitted to the appropriate FTA regional office (see Appendix C) April 
3, 2006 or submitted electronically through the http://grants.gov Web 
site by the same date. Applicants planning to apply electronically are 
encouraged to begin the process of registration on the http://grants.gov site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. FTA will announce 
grant selections when the competitive selection process is complete.

4. Intergovernmental Review

    This program is not generally subject to Executive Order (EO) 
12372, ``Intergovernmental Review of Federal Programs.'' For more 
information, contact the State's Single Point of Contact (SPOC) to find 
out about and comply with the State's process under EO 12372. The names 
and addresses of the SPOCs are listed in the Office of Management and 
Budget's home page at http://www.whitehouse.gov/omb/grants/spoc.html.

5. Funding Restrictions

    Only applications from eligible recipients for eligible activities 
will be considered for funding (see Section III). Due to funding 
limitations, applicants that are selected for funding may receive less 
than the amount requested.

6. Other Submission Requirements

    Applicants should submit 3 copies of their project proposal 
application, consistent with the application format provided at 
Appendix A, to the appropriate regional office or apply electronically 
through the government wide electronic grant application portal at 
http://www.grants.gov.

V. Application Review Information

1. Project Evaluation Criteria

    Projects will be evaluated according to the following criteria:
    A. The identified need for over-the-road bus accessibility for 
persons with disabilities in the areas served by the applicant. (20 
points)
    B. The extent to which the applicant demonstrated innovative 
strategies and financial commitment to providing access to over-the-
road buses to persons with disabilities. (20 points)
    C. The extent to which the over-the-road bus operator acquired 
equipment required by DOT's over-the-road bus accessibility rule prior 
to the required time-frame in the rule. (20 points)
    D. The extent to which financing the costs of complying with DOT's 
rule presents a financial hardship for the applicant. (20 points)
    E. The impact of accessibility requirements on the continuation of 
over-the-road bus service with particular consideration of the impact 
of the requirements on service to rural areas and for low-income 
individuals. (20 points)


    Note: These are the statutory criteria upon which funding 
decisions will be made. In addition to these criteria, FTA may also 
consider other factors, such as the size of the applicant's fleet 
and the level of FTA funding that may already have been awarded to 
applicants in prior years. Applicants will not be considered for 
funding as intercity fixed-route operators unless they satisfy at a 
minimum the first two criteria and at least one of criteria three 
through five listed in Project Information in the application 
content applicable to intercity fixed-route applicants.

2. Review and Selection Process

    Each application is screened by a panel of members represented by 
FTA headquarters and regional staff. Incomplete or non-responsive 
applications will be disqualified. Intercity fixed-route service 
providers must provide evidence that they meet at a minimum the first 
two criteria and at least one of the next three criteria set forth in 
Project Information, if funds are requested under this category (see 
Appendix A, 2, B). Applicants that do not qualify as intercity-fixed 
route operators may be considered for funding in the ``other'' 
category. FTA will make an effort to award every qualified applicant at 
least one lift. Prior year funding under the program is a factor, 
however, so depending upon demand,

[[Page 5722]]

an applicant that received significant prior year funding may not be 
selected to receive additional funding.

VI. Award Administration Information

1. Award Notices

    FTA will screen all applications to determine whether all required 
eligibility elements, as described in III. ``Eligibility Information'' 
are present. An FTA evaluation team will evaluate each application 
according to the criteria described in this announcement. FTA will 
notify all applicants, both those selected for funding and those not 
selected when the competitive selection process is complete. Projects 
selected for funding will be published in a Federal Register notice. 
Applicants selected for funding must then apply to the FTA regional 
office for the actual grant award, sign Certifications and Assurances, 
and execute a grant contract before funds can be drawn down.

2. Administrative and National Policy Requirements

A. Grant Requirements
    Applicants selected for funding must include documentation 
necessary to meet the requirements of FTA's Nonurbanized Area Formula 
program (Section 5311 under Title 49, United States Code). Technical 
assistance regarding these requirements is available from each FTA 
regional office. The regional offices will contact those applicants 
selected for funding regarding procedures for making the required 
certifications and assurances to FTA before grants are made.
    The authority for these requirements is provided by the 
Transportation Equity Act for the 21st Century, Pub. L. 105-178, June 
9, 1998, as amended by the TEA-21 Restoration Act 105-206, 112 Stat. 
685, July 22, 1998, 49 U.S.C. chapter 53, Title 23, United States Code, 
DOT and FTA regulations at 49 CFR, and FTA Circulars.
B. Buy America
    In the OTRB Accessibility program, FTA's Buy America regulations, 
49 CFR Part 661, apply to the incremental capital cost of making 
vehicles accessible. Those regulations do not apply to associated labor 
costs. The following discussion relates to the contract between the 
grantee and the prime contractor.
    The ``General Requirements'' found at 49 CFR 661.5 apply to that 
portion of the accessibility system being funded. That section requires 
that all of the manufacturing processes for the product take place in 
the United States and that all components of the product be made in the 
United States. A component is considered domestic if it is manufactured 
in the U.S.A., regardless of the origin of its subcomponents. The lift, 
the moveable seats, and the securement devices will all be considered 
components for purposes of this program; accordingly, as components, 
each must be manufactured in the United States. Should a recipient 
choose to request funding for only a specific component, such as the 
lift or the securement device, then the Buy America requirements would 
apply only to that item funded by FTA.
    Three exceptions to the general requirements can be found at 49 CFR 
661.7: first, a waiver may be requested when the application of the 
regulation is not in the public interest; second, a waiver may be 
requested if the materials and products being procured are not produced 
in the United States in sufficient and reasonably available quantities 
and of a satisfactory quality; and third, a price differential waiver 
may be requested where the results of competitive procurement show that 
there is a 25 percent price difference between the domestic and foreign 
products. FTA approval of a waiver must be received by the recipient of 
FTA funds prior to the execution of contract.
    It should also be noted that FTA has issued a general public 
interest waiver for all purchases under the Federal ``small purchase'' 
threshold, which is currently $100,000.
    This waiver can be found in 49 CFR 661.7, Appendix A(e). In Section 
3038(b) of TEA-21, Congress authorized FTA financing of the incremental 
capital costs of compliance with DOT's OTRB accessibility rule. 
Consistent with this provision, the small purchase waiver applies only 
to the incremental cost of the accessibility features FTA is funding. 
Where more than one bus is purchased, the grantee must consider the 
incremental cost increase for the entire procurement when determining 
if the small purchase waiver applies. For example, if $30,000 is the 
incremental cost for the accessibility features eligible under this 
program per bus (regardless of the Federal share contribution), then a 
procurement of three buses with a total such cost of $90,000, would 
qualify for the small purchase waiver. No special application to FTA 
would be required.
    The grantee must obtain a certification from the bus manufacturer 
that all items included in the incremental cost for which the applicant 
is applying for funds meet Buy America requirements. The Buy America 
regulations can be found at http://www.fta.dot.gov/library/legal/buyamer/.
C. Labor Protection
    Before FTA may award a grant for capital assistance, 49 U.S.C. 
5333(b) requires that fair and equitable arrangements must be made to 
protect the interests of transit employees affected by FTA assistance. 
Those arrangements must be certified by the Secretary of Labor as 
meeting the requirements of the statute. When a labor organization 
represents a group of affected employees in the service area of an FTA 
project, the employee protective arrangement is usually the product of 
negotiations or discussions with the union. The grant applicant can 
facilitate Department of Labor (DOL) certification by identifying in 
the application any previously certified protective arrangements that 
have been applied to similar projects undertaken by the grant 
applicant, if any. Receiving funds under the OTRB Accessibility 
program, however, will not require the grantee's employees to be 
represented by organized labor. Nothing in the labor protection 
provisions in 49 U.S.C 5333(b) requires a motorcoach operator to become 
a union carrier or encourages union organizing in any manner. Upon 
receipt of a grant application requiring employee protective 
arrangements, FTA will transmit the application to DOL and request 
certification of the employee protective arrangements. In accordance 
with DOL guidelines, DOL notifies the relevant unions in the area of 
the project that a grant for assistance is pending and affords the 
grant applicant and union the opportunity to agree to an arrangement 
establishing the terms and conditions of the employee protections. If 
necessary, DOL furnishes technical and mediation assistance to the 
parties during their negotiations. The Secretary of Labor may determine 
the protections to be certified if the parties do not reach an 
agreement after good faith bargaining and mediation efforts have been 
exhausted. DOL will also set the protective conditions when affected 
employees in the service area are not represented by a union. When DOL 
determines that employee protective arrangements comply with labor 
protection requirements, DOL will provide a certification to FTA. The 
grant agreement between FTA and the grant applicant incorporates by 
reference the employee protective arrangements certified by DOL.
    Applicants must identify any labor organizations that may represent 
their employees and all labor organizations that represent the 
employees of any

[[Page 5723]]

other transit providers in the service area of the project.
    For each local of a nationally affiliated union, the applicant must 
provide the name of the national organization and the number or other 
designation of the local union. (For example, Amalgamated Transit Union 
local 1258) Since DOL makes its referral to the national union's 
headquarters, there is no need to provide a means of contacting the 
local organization.
    However, for each independent labor organization (i.e., a union 
that is not affiliated with a national or international organization) 
the local information will be necessary (name of organization, address, 
contact person, phone, fax numbers).
    Where a labor organization represents transit employees in the 
service area of the project, DOL must refer the proposed protective 
arrangements to each union and to each recipient. For this reason, 
please provide DOL with a contact person, address, telephone number and 
fax number for your company, and associated union information.
    DOL issued a Federal Register notice addressing the new TEA-21 
programs, including the OTRB Accessibility Program, ``Amendment to 
Section 5333(b) Guidelines to Carry Out New Programs Authorized by the 
Transportation Equity Act for the 21st Century (TEA-21)''; Final Rule, 
dated July 28, 1999. FTA issued a ``Dear Colleague'' letter, dated 
December 5, 2000, addressing DOL processing of grant applications. 
Attached to the letter is an application checklist, which provides 
information that DOL must have in order to review and certify FTA grant 
applications. This letter and attachment can be found at: http://www.fta.dot.gov/office/public/c0019.html. Questions concerning 
protective arrangements and related matters pertaining to transit 
employees should be addressed to the Division of Statutory Programs, 
Department of Labor, 200 Constitution Avenue NW., Room N-5411, 
Washington, DC 20210; telephone (202) 693-0126, fax (202) 219-5338.
D. Planning
    Applicants are encouraged to notify the appropriate state 
departments of transportation and metropolitan planning organizations 
(MPO) in areas likely to be served by equipment made accessible through 
funds made available in this program. Those organizations, in turn, 
should take appropriate steps to inform the public, and individuals 
requiring fully accessible services in particular, of operators' 
intentions to expand the accessibility of their services. Incorporation 
of funded projects in the plans and transportation improvement programs 
of states and metropolitan areas by states and MPOs also is encouraged, 
but is not required.
E. Standard Assurances
    The Applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, FTA circulars, and 
other Federal administrative requirements in carrying out any project 
supported by the FTA grant. The Applicant acknowledges that it is under 
a continuing obligation to comply with the terms and conditions of the 
grant agreement issued for its project with FTA. The Applicant 
understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and affect 
the implementation of the project. The Applicant agrees that the most 
recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. The Applicant must submit the 
Certifications and Assurances for the FTA Over-the-Road Bus 
Accessibility Program found at Appendix B.

3. Reporting

    Post-award reporting requirements include submission of final 
Financial Status Report and milestone report, or annual reports for 
grants remaining open at the end of each Federal fiscal year (September 
30). Documentation is required for payment.

VII. Agency Contact(s)

    Contact the appropriate FTA Regional Administrator (see Appendix C) 
for application-specific information and issues. For general program 
information, contact Blenda Younger, Office of Transit Programs, (202) 
366-2053, e-mail: [email protected]. A TDD is available at 1-
800-877-8339 (TDD/FIRS).

    Issued on: January 27, 2006.
David B. Horner,
Chief Counsel.

Appendix A--Over-the-Road Bus Accessibility Program Project Proposal 
Application (Paper or Electronic Project Narrative)

(See Section IV.2 of Federal Register announcement for detailed 
explanation of application content).

    In addition to OMB Standard Form 424, Application For Federal 
Assistance, provide the following information:

1. Applicant Information

    A. Company Name:
    B. DUNS Number:
    C. For Notification of Project Selection Contact:
    Name of Individual:
    Address:
    FAX:
    Telephone number:
    D. Describe Services Provided by Company, including Areas 
Served:
    E. Intercity Fixed-Route Carriers:
    ----Large/Class I (gross annual operating revenues of $5.3 
Million or more)
    ----Small (gross annual revenues of less than $5.3 Million)
    F. Existing Fleet and Employee Information:
    ----Total number of over-the-road buses in fleet
    ----Number of over-the-road buses in fleet used for intercity 
fixed-route service
    ----Number of over-the-road buses intercity-fixed-route service 
that currently have lifts
    ----Number of over-the-road buses in fleet used for Other 
Service, e.g., Charter, Tour, & Commuter
    ----Number of over-the-road buses used in ``other'' service that 
currently have lifts
    ----Number of Employees
    G. Estimate of the proportion of service, if any, that is 
intercity fixed-route
    ----% of services is intercity fixed-route.
    H. Describe your technical, legal, and financial capacity to 
implement the proposed project. Include evidence of operating 
authority.

2. Project Information

    A. Federal Amount Requested (Up to 90% Federal Share):
    Intercity Fixed Route Service:
$---------- for ---------- New Over-the-road Buses
$---------- for ---------- Retrofits
$---------- for ---------- Employees--Training

Other Service (Commuter, Charter, or Tour)

$---------- for ---------- New Over-the-road Buses
$---------- for ---------- Retrofits
$---------- for ---------- Employees--Training
    B. If requesting funding for intercity service, provide evidence 
that:
    1. The applicant provides scheduled, intercity, fixed route, 
over-the-road bus service that interlines with one or more 
scheduled, intercity bus operators. Such evidence includes 
applicant's membership in the National Bus Traffic Association or 
participation in separate interline agreements, and participation in 
interline tariffs or price lists issued by, or on behalf of, 
scheduled, intercity bus operators with whom the applicant 
interlines.
    2. The applicant has obtained authority from the Federal Motor 
Carrier Safety Administration or the Interstate Commerce Commission 
to operate scheduled, intercity, fixed route service.
    3. The applicant is included in Russell's Official National 
Motor Coach Guide showing that it provides regularly scheduled, 
fixed route over-the-road bus service with meaningful connections 
with scheduled intercity bus service to more distant points.
    4. The applicant maintains a website showing routes and 
schedules of its regularly

[[Page 5724]]

scheduled, fixed route over-the-road bus service and its meaningful 
connections to other scheduled, intercity bus service.
    5. The applicant maintains published schedules showing its 
regularly scheduled, fixed route over-the-road bus service and its 
meaningful connections to other scheduled, intercity bus service.
    6. The applicant participates in the International Registration 
Plan (IRP) apportionment program.
    C. Document Matching Funds, including Amount and Source.
    D. Describe Project, including Components to be funded, i.e., 
Lifts, Tie-downs, Moveable Seats, etc. and/or Training.
    E. Provide Project Time Line, including Significant Milestones 
such as Date of Contract for Purchase of Vehicle(s), and actual or 
expected delivery date of vehicles.
    F. Project Evaluation Criteria. Provide information addressing 
the following criteria:
     The identified need for over-the-road bus accessibility 
for persons with disabilities in the areas served by the applicant. 
(20 points)
     The extent to which the applicant demonstrated 
innovative strategies and financial commitment to providing access 
to over-the-road buses to persons with disabilities. (20 points)
     The extent to which the over-the-road bus operator 
acquired equipment required by DOT's over-the-road bus accessibility 
rule prior to the required time frame in the rule. (20 points)
     The extent to which financing the costs of complying 
with DOT's rule presents a financial hardship for the applicant. (20 
points)
     The impact of accessibility requirements on the 
continuation of over-the-road bus service with particular 
consideration of the impact of the requirements on service to rural 
areas and for low income individuals. (20 points)

G. Labor Information

     List labor organizations that may represent your 
employees and all labor organizations that represent the employees 
of any transit providers in the service area of the project.
     For each local of a nationally affiliated union, 
provide the name of the national organization and the number or 
other designation of the local union.
     For each independent labor organization, provide the 
local information, including: name of organization, address, contact 
person, phone and fax numbers.
     For transit employee unions in service area of project, 
provide information including: contact person, address, telephone 
number and fax number for your company and associated union 
information.

Appendix B--Federal Fiscal Year 2006 Certifications and Assurances for 
the Federal Transit Administration Over-the-Road Bus Accessibility 
Grants

    This list is a comprehensive compilation of the certifications 
and assurances required by Federal law for the OTRB Accessibility 
Grants. At the end of this list is a Signature Page on which the 
Applicant and its attorney certify compliance with all 
certifications and assurances applicable to the OTRB Accessibility 
Grants. All Applicants are advised to read the entire text of these 
certifications and assurances to be confident of their 
responsibilities and commitments.
    If an Applicant has submitted the Federal Transit 
Administration's (FTA) standard comprehensive Federal Fiscal Year 
2006 Certifications and Assurances for Federal Transit 
Administration Assistance Programs, the Applicant need not submit 
these certifications and assurances. This is because the Categories 
I and II of certifications and assurances below are identical, 
respectively, to Categories 01 and 02 of FTA's standard 
certifications and assurances for Fiscal Year 2006.
    References: The Transportation Equity Act for the 21st Century, 
Pub. L. 105-178, June 9, 1998, as amended, 49 U.S.C. chapter 53, 
Title 23, U.S.C., U.S. DOT and FTA regulations at 49 CFR, joint U.S. 
Architectural and Transportation Barriers Compliance Board/U.S. DOT 
regulations at 36 CFR Part 1194, and FTA Circulars.

Category I. For Each Applicant

    Each Applicant for FTA assistance must provide all assurances in 
this Category ``I.''
    Unless FTA expressly determines otherwise in writing, FTA may 
not award any Federal assistance until the Applicant provides the 
following assurances by selecting Category ``I.''

A. Assurance of Authority of the Applicant and Its Representative

    The authorized representative of the Applicant and the attorney 
who sign these certifications, assurances, and agreements affirm 
that both the Applicant and its authorized representative have 
adequate authority under applicable state and local law and the 
Applicant's by-laws or internal rules to:
    (1) Execute and file the application for Federal assistance on 
behalf of the Applicant;
    (2) Execute and file the required certifications, assurances, 
and agreements on behalf of the Applicant binding the Applicant; and
    (3) Execute grant agreements and cooperative agreements with FTA 
on behalf of the Applicant.

B. Standard Assurances

    The Applicant assures that it will comply with all applicable 
Federal statutes and regulations in carrying out any project 
supported by an FTA grant or cooperative agreement. The Applicant 
agrees that it is under a continuing obligation to comply with the 
terms and conditions of the grant agreement or cooperative agreement 
issued for its project with FTA. The Applicant recognizes that 
Federal laws and regulations may be modified from time to time and 
those modifications may affect project implementation.
    The Applicant understands that Presidential executive orders and 
Federal directives, including Federal policies and program guidance 
may be issued concerning matters affecting the Applicant or its 
project. The Applicant agrees that the most recent Federal laws, 
regulations, and directives will apply to the project, unless FTA 
issues a written determination otherwise.

C. Intergovernmental Review Assurance

    The Applicant assures that each application for Federal 
assistance it submits to FTA has been or will be submitted for 
intergovernmental review to the appropriate state and local agencies 
as determined by the state. Specifically, the Applicant assures that 
it has fulfilled or will fulfill the obligations imposed on FTA by 
U.S. Department of Transportation (U.S. DOT) regulations, 
``Intergovernmental Review of Department of Transportation Programs 
and Activities,'' 49 CFR part 17.

D. Nondiscrimination Assurance

    As required by 49 U.S.C. 5332 (which prohibits discrimination on 
the basis of race, color, creed, national origin, sex, or age, and 
prohibits discrimination in employment or business opportunity), by 
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000d, and by U.S. DOT regulations, ``Nondiscrimination in 
Federally-Assisted Programs of the Department of Transportation--
Effectuation of Title VI of the Civil Rights Act,'' 49 CFR part 21 
at 21.7, the Applicant assures that it will comply with all 
requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 
U.S.C. 2000d, and 49 CFR part 21, so that no person in the United 
States, on the basis of race, color, national origin, creed, sex, or 
age will be excluded from participation in, be denied the benefits 
of, or otherwise be subjected to discrimination in any program or 
activity (particularly in the level and quality of transportation 
services and transportation-related benefits) for which the 
Applicant receives Federal assistance awarded by the U.S. DOT or 
FTA.
    Specifically, during the period in which Federal assistance is 
extended to the project, or project property is used for a purpose 
for which the Federal assistance is extended or for another purpose 
involving the provision of similar services or benefits, or as long 
as the Applicant retains ownership or possession of the project 
property, whichever is longer, the Applicant assures that:
    (1) Each project will be conducted, property acquisitions will 
be undertaken, and project facilities will be operated in accordance 
with all applicable requirements imposed by or issued pursuant to 49 
U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, and understands 
that this assurance extends to its entire facility and to facilities 
operated in connection with the project.
    (2) It will promptly take the necessary actions to effectuate 
this assurance, including notifying the public that complaints of 
discrimination in the provision of transportation-related services 
or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. 
DOT or FTA, the Applicant assures that it will submit the required 
information pertaining to its compliance with these provisions.
    (3) It will include in each subagreement, property transfer 
agreement, third party contract, third party subcontract, or 
participation agreement adequate provisions to extend the 
requirements imposed by or

[[Page 5725]]

issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR part 
21 to other parties involved therein including any subrecipient, 
transferee, third party contractor, third party subcontractor at any 
level, successor in interest, or any other participant in the 
project.
    (4) Should it transfer real property, structures, or 
improvements financed with Federal assistance provided by FTA to 
another party, any deeds and instruments recording the transfer of 
that property shall contain a covenant running with the land 
assuring nondiscrimination for the period during which the property 
is used for a purpose for which the Federal assistance is extended 
or for another purpose involving the provision of similar services 
or benefits.
    (5) The United States has a right to seek judicial enforcement 
with regard to any matter arising under the Act, regulations, and 
this assurance.
    (6) It will make any changes in its Title VI implementing 
procedures as U.S. DOT or FTA may request to achieve compliance with 
the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 
U.S.C. 2000d, and 49 CFR part 21.

E. Assurance of Nondiscrimination on the Basis of Disability

    As required by U.S. DOT regulations, ``Nondiscrimination on the 
Basis of Handicap in Programs and Activities Receiving or Benefiting 
from Federal Financial Assistance,'' at 49 CFR 27.9, the Applicant 
assures that, as a condition to the approval or extension of any 
Federal assistance awarded by FTA to construct any facility, obtain 
any rolling stock or other equipment, undertake studies, conduct 
research, or to participate in or obtain any benefit from any 
program administered by FTA, no otherwise qualified person with a 
disability shall be, solely by reason of that disability, excluded 
from participation in, denied the benefits of, or otherwise 
subjected to discrimination in any program or activity receiving or 
benefiting from Federal assistance administered by the FTA or any 
entity within U.S. DOT. The Applicant assures that project 
implementation and operations so assisted will comply with all 
applicable requirements of U.S. DOT regulations implementing the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and 
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 
12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 
27, 37, and 38, and any other applicable Federal laws that may be 
enacted or Federal regulations that may be promulgated.

F. U.S. Office of Management and Budget (OMB) Assurances

    Consistent with OMB assurances set forth in SF-424B and SF-424D, 
the Applicant assures that, with respect to itself or its project, 
the Applicant:
    (1) Has the legal authority to apply for Federal assistance and 
the institutional, managerial, and financial capability (including 
funds sufficient to pay the non-Federal share of project cost) to 
ensure proper planning, management, and completion of the project 
described in its application;
    (2) Will give FTA, the Comptroller General of the United States, 
and, if appropriate, the state, through any authorized 
representative, access to and the right to examine all records, 
books, papers, or documents related to the award; and will establish 
a proper accounting system in accordance with generally accepted 
accounting standards or agency directives;
    (3) Will establish safeguards to prohibit employees from using 
their positions for a purpose that constitutes or presents the 
appearance of personal or organizational conflict of interest or 
personal gain;
    (4) Will initiate and complete the work within the applicable 
project time periods following receipt of FTA approval;
    (5) Will comply with all applicable Federal statutes relating to 
nondiscrimination including, but not limited to:
    (a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which 
prohibits discrimination on the basis of race, color, or national 
origin;
    (b) Title IX of the Education Amendments of 1972, as amended, 20 
U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT 
regulations, ``Nondiscrimination on the Basis of Sex in Education 
Programs or Activities Receiving Federal Financial Assistance,'' 49 
CFR part 25, which prohibit discrimination on the basis of sex;
    (c) Section 504 of the Rehabilitation Act of 1973, as amended, 
29 U.S.C. 794, which prohibits discrimination on the basis of 
handicap;
    (d) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 
6101 through 6107, which prohibits discrimination on the basis of 
age;
    (e) The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-
255, March 21, 1972, and amendments thereto, 21 U.S.C. 1174 et seq. 
relating to nondiscrimination on the basis of drug abuse;
    (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention 
Act of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendments thereto, 
42 U.S.C. 4581 et seq. relating to nondiscrimination on the basis of 
alcohol abuse or alcoholism;
    (g) The Public Health Service Act of 1912, as amended, 42 U.S.C. 
290dd-3 and 290ee-3, related to confidentiality of alcohol and drug 
abuse patient records;
    (h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., 
relating to nondiscrimination in the sale, rental, or financing of 
housing;
    (i) Any other nondiscrimination provisions in the specific 
statutes under which Federal assistance for the project may be 
provided including, but not limited, to 49 U.S.C. 5332, which 
prohibits discrimination on the basis of race, color, creed, 
national origin, sex, or age, and prohibits discrimination in 
employment or business opportunity, and section 1101(b) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU), 23 U.S.C. 101 note, which provides for 
participation of disadvantaged business enterprises in FTA programs; 
and
    (j) Any other nondiscrimination statute(s) that may apply to the 
project;
    (6) To the extent applicable, will comply with, or has complied 
with, the requirements of Titles II and III of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq., 
which, among other things, provide for fair and equitable treatment 
of persons displaced or persons whose property is acquired as a 
result of Federal or federally assisted programs. These requirements 
apply to all interests in real property acquired for project 
purposes and displacement caused by the project regardless of 
Federal participation in any purchase. As required by sections 210 
and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and 
by U.S. DOT regulations, ``Uniform Relocation Assistance and Real 
Property Acquisition for Federal and Federally Assisted Programs,'' 
49 CFR 24.4, the Applicant assures that it has the requisite 
authority under applicable state and local law to comply with the 
requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et seq., 
and U.S. DOT regulations, ``Uniform Relocation Assistance and Real 
Property Acquisition for Federal and Federally Assisted Programs,'' 
49 CFR part 24, and will comply with that Act or has complied with 
that Act and those implementing regulations, including but not 
limited to the following:
    (a) The Applicant will adequately inform each affected person of 
the benefits, policies, and procedures provided for in 49 CFR part 
24;
    (b) The Applicant will provide fair and reasonable relocation 
payments and assistance as required by 42 U.S.C. 4622, 4623, and 
4624; 49 CFR part 24; and any applicable FTA procedures, to or for 
families, individuals, partnerships, corporations, or associations 
displaced as a result of any project financed with FTA assistance;
    (c) The Applicant will provide relocation assistance programs 
offering the services described in 42 U.S.C. 4625 to such displaced 
families, individuals, partnerships, corporations, or associations 
in the manner provided in 49 CFR part 24;
    (d) Within a reasonable time before displacement, the Applicant 
will make available comparable replacement dwellings to displaced 
families and individuals as required by 42 U.S.C. 4625(c)(3);
    (e) The Applicant will carry out the relocation process in such 
manner as to provide displaced persons with uniform and consistent 
services, and will make available replacement housing in the same 
range of choices with respect to such housing to all displaced 
persons regardless of race, color, religion, or national origin;
    (f) In acquiring real property, the Applicant will be guided to 
the greatest extent practicable under state law, by the real 
property acquisition policies of 42 U.S.C. 4651 and 4652;
    (g) The Applicant will pay or reimburse property owners for 
necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the 
understanding that FTA will provide Federal financial assistance for 
the Applicant's eligible costs of providing payments for those 
expenses, as required by 42 U.S.C. 4631;
    (h) The Applicant will execute such amendments to third party 
contracts and subagreements financed with FTA assistance

[[Page 5726]]

and execute, furnish, and be bound by such additional documents as 
FTA may determine necessary to effectuate or implement the 
assurances provided herein; and
    (i) The Applicant agrees to make these assurances part of or 
incorporate them by reference into any third party contract or 
subagreement, or any amendments thereto, relating to any project 
financed by FTA involving relocation or land acquisition and provide 
in any affected document that these relocation and land acquisition 
provisions shall supersede any conflicting provisions;
    (7) To the extent applicable, will comply with the Davis-Bacon 
Act, as amended, 40 U.S.C. 3141 et seq., the Copeland ``Anti-
Kickback'' Act, as amended, 18 U.S.C. 874, and the Contract Work 
Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., 
regarding labor standards for federally assisted subagreements;
    (8) To the extent applicable, will comply with the flood 
insurance purchase requirements of section 102(a) of the Flood 
Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), 
requiring Applicants and their subrecipients s in a special flood 
hazard area to participate in the program and purchase flood 
insurance if the total cost of insurable construction and 
acquisition is $10,000 or more;
    (9) To the extent applicable, will comply with the Lead-Based 
Paint Poisoning Prevention Act, 42 U.S.C. 4831(b), which prohibits 
the use of lead-based paint in the construction or rehabilitation of 
residence structures;
    (10) To the extent applicable, will not dispose of, modify the 
use of, or change the terms of the real property title or other 
interest in the site and facilities on which a construction project 
supported with FTA assistance takes place without permission and 
instructions from FTA;
    (11) To the extent required by FTA, will record the Federal 
interest in the title of real property, and will include a covenant 
in the title of real property acquired in whole or in part with 
Federal assistance funds to assure nondiscrimination during the 
useful life of the project;
    (12) To the extent applicable, will comply with FTA provisions 
concerning the drafting, review, and approval of construction plans 
and specifications of any construction project supported with FTA 
assistance. As required by U.S. DOT regulations, ``Seismic Safety,'' 
49 CFR 41.117(d), before accepting delivery of any building financed 
with FTA assistance, it will obtain a certificate of compliance with 
the seismic design and construction requirements of 49 CFR part 41;
    (13) To the extent applicable, will provide and maintain 
competent and adequate engineering supervision at the construction 
site of any project supported with FTA assistance to ensure that the 
complete work conforms with the approved plans and specifications, 
and will furnish progress reports and such other information as may 
be required by FTA or the state;
    (14) To the extent applicable, will comply with any applicable 
environmental standards that may be prescribed to implement the 
following Federal laws and executive orders:
    (a) Institution of environmental quality control measures under 
the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321 through 4335 and Executive Order No. 11514, as amended, 42 
U.S.C. 4321 note;
    (b) Notification of violating facilities pursuant to Executive 
Order No. 11738, 42 U.S.C. 7606 note;
    (c) Protection of wetlands pursuant to Executive Order No. 
11990, 42 U.S.C. 4321 note;
    (d) Evaluation of flood hazards in floodplains in accordance 
with Executive Order No. 11988, 42 U.S.C. 4321 note;
    (e) Assurance of project consistency with the approved state 
management program developed pursuant to the requirements of the 
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 
through 1465;
    (f) Conformity of Federal actions to State (Clean Air) 
Implementation Plans under section 176(c) of the Clean Air Act of 
1955, as amended, 42 U.S.C. 7401 through 7671q;
    (g) Protection of underground sources of drinking water under 
the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f 
through 300j-6;
    (h) Protection of endangered species under the Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1531 through 1544; and
    (i) Environmental protections for Federal transportation 
programs, including, but not limited to, protections for parks, 
recreation areas, or wildlife or waterfowl refuges of national, 
state, or local significance or any land from a historic site of 
national, state, or local significance to be used in a 
transportation project as required by 49 U.S.C. 303(b) and 303(c);
    (j) Protection of the components of the national wild and scenic 
rivers systems, as required under the Wild and Scenic Rivers Act of 
1968, as amended, 16 U.S.C. 1271 through 1287; and
    (k) Provision of assistance to FTA in complying with section 106 
of the National Historic Preservation Act of 1966, as amended, 16 
U.S.C. 470f; with the Archaeological and Historic Preservation Act 
of 1974, as amended, 16 U.S.C. 469 through 469c; and with Executive 
Order No. 11593 (identification and protection of historic 
properties), 16 U.S.C. 470 note;
    (15) To the extent applicable, will comply with the requirements 
of the Hatch Act, 5 U.S.C. 1501 through 1508 and 7324 through 7326, 
which limit the political activities of state and local agencies and 
their officers and employees whose primary employment activities are 
financed in whole or part with Federal funds including a Federal 
loan, grant agreement, or cooperative agreement except, in 
accordance with 49 U.S.C. 5307(k)(2) and 23 U.S.C. 142(g), the Hatch 
Act does not apply to a nonsupervisory employee of a public 
transportation system (or of any other agency or entity performing 
related functions) receiving FTA assistance to whom that Act does 
not otherwise apply;
    (16) To the extent applicable, will comply with the National 
Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 U.S.C. 
289 et seq., and U.S. DOT regulations, ``Protection of Human 
Subjects,'' 49 CFR part 11, regarding the protection of human 
subjects involved in research, development, and related activities 
supported by Federal assistance;
    (17) To the extent applicable, will comply with the Laboratory 
Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., and 
U.S. Department of Agriculture regulations, ``Animal Welfare,'' 9 
CFR subchapter A, parts 1, 2, 3, and 4, regarding the care, 
handling, and treatment of warm blooded animals held or used for 
research, teaching, or other activities supported by Federal 
assistance;
    (18) Will have performed the financial and compliance audits as 
required by the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 
et seq., OMB Circular A-133, ``Audits of States, Local Governments, 
and Non-Profit Organizations,'' Revised, and the most recent 
applicable OMB A-133 Compliance Supplement provisions for the U.S. 
DOT; and
    (19) To the extent applicable, will comply with all applicable 
provisions of all other Federal laws, regulations, and directives 
governing the project, except to the extent that FTA has expressly 
approved otherwise in writing.

II. Lobbying Certification

    An Applicant that submits or intends to submit an application to 
FTA for Federal assistance exceeding $100,000 is required to provide 
the following certification. FTA may not award Federal assistance 
exceeding $100,000 until the Applicant provides this certification 
by selecting Category ``II.''
    A. As required by 31 U.S.C. 1352 and U.S. DOT regulations, ``New 
Restrictions on Lobbying,'' at 49 CFR 20.110, the Applicant's 
authorized representative certifies to the best of his or her 
knowledge and belief that for each application to FTA for Federal 
assistance exceeding $100,000:
    (1) No Federal appropriated funds have been or will be paid by 
or on behalf of the Applicant to any person to influence or attempt 
to influence an officer or employee of any Federal agency, a Member 
of Congress, an officer or employee of Congress, or an employee of a 
Member of Congress regarding the award of Federal assistance, or the 
extension, continuation, renewal, amendment, or modification of any 
Federal assistance agreement; and
    (2) If any funds other than Federal appropriated funds have been 
or will be paid to any person to influence or attempt to influence 
an officer or employee of any Federal agency, a Member of Congress, 
an officer or employee of Congress, or an employee of a Member of 
Congress in connection with any application for Federal assistance, 
the Applicant assures that it will complete and submit Standard 
Form-LLL, ``Disclosure Form to Report Lobbying,'' including 
information required by the instructions accompanying the form, 
which form may be amended to omit such information as authorized by 
31 U.S.C. 1352.
    (3) The language of this certification shall be included in the 
award documents for all subawards at all tiers (including 
subcontracts, subgrants, subagreements, contracts under grants, 
loans, and cooperative agreements).
    B. The Applicant understands that this certification is a 
material representation of fact upon which reliance is placed by the 
Federal Government and that submission of this certification is a 
prerequisite for

[[Page 5727]]

providing Federal assistance for a transaction covered by 31 U.S.C. 
1352. The Applicant also understands that any person who fails to 
file a required certification shall be subject to a civil penalty of 
not less than $10,000 and not more than $100,000 for each such 
failure.

Signature Page

Certifications and Assurances for the FTA Over-the-Road Bus 
Accessibility Program

    The Applicant agrees to comply with the applicable requirements 
of the following Categories of certifications and assurances it has 
selected below:

 
           Category                      Description
 
I............................  For Each Applicant.............    ------
II...........................  Lobbying.......................    ------
 

Affirmation of Applicant

Name of Applicant:-----------------------------------------------------

Name and Relationship of Authorized Representative:--------------------

    BY SIGNING BELOW, on behalf of the Applicant, I declare that the 
Applicant has duly authorized me to make the certifications and 
assurances set forth above and bind the Applicant's compliance. 
Thus, the Applicant agrees to comply with all Federal statutes, 
regulations, executive orders, and Federal requirements applicable 
to each application it makes to the Federal Transit Administration 
(FTA) in Federal Fiscal Year 2006.
    FTA intends that the certifications and assurances the Applicant 
selects above, as representative of the certifications and 
assurances in set forth in this document, should apply, as required, 
to each Over-the-Road Bus Accessibility Grant for which the 
Applicant seeks now, or may later, seek FTA assistance during 
Federal Fiscal Year 2006.
    The Applicant affirms the truthfulness and accuracy of the 
certifications and assurances it has made in the statements 
submitted herein with this document and any other submission made to 
FTA, and acknowledges that the provisions of the Program Fraud Civil 
Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. 
DOT regulations, ``Program Fraud Civil Remedies,'' 49 CFR part 31 
apply to any certification, assurance or submission made to FTA. The 
criminal fraud provisions of 18 U.S.C. 1001 apply to any 
certification, assurance, or submission made in connection with a 
Federal Transit program authorized in Chapter 53 or any other 
statute
    In signing this document, I declare under penalties of perjury 
that the foregoing certifications and assurances, and any other 
statements made by me on behalf of the Applicant are true and 
correct.

Signature--------------------------------------------------------------

Date:------------------------------------------------------------------

Name-------------------------------------------------------------------

Authorized Representative of Applicant

Signature Page

    Each Applicant for an FTA Over-the-Road Bus Accessibility Grant 
must provide an Affirmation of Applicant's Attorney pertaining to 
the Applicant's legal capacity. The Applicant may enter its 
signature in lieu of the Attorney's signature, provided the 
Applicant has on file this Affirmation, signed by the attorney and 
dated this Federal fiscal year, and the Attorney's Affirmation has 
been entered into the TEAM-Web system as an attachment.

Affirmation of Applicant's Attorney

For (Name of Applicant):-----------------------------------------------

    As the undersigned Attorney for the above named Applicant, I 
hereby affirm to the Applicant that it has authority under state and 
local law to make and comply with the certifications and assurances 
as indicated on the foregoing pages. I further affirm that, in my 
opinion, the certifications and assurances have been legally made 
and constitute legal and binding obligations on the Applicant.
    I further affirm to the Applicant that, to the best of my 
knowledge, there is no legislation or litigation pending or imminent 
that might adversely affect the validity of these certifications and 
assurances, or of the performance of the project.

Signature--------------------------------------------------------------

Date:------------------------------------------------------------------

Name-------------------------------------------------------------------

Attorney for Applicant

(These Signature Pages must be appropriately completed and signed as 
indicated.)

Appendix C--FTA Regional Offices

    Region I--Massachusetts, Rhode Island, Connecticut, New 
Hampshire, Vermont and Maine, Richard H. Doyle, FTA Regional 
Administrator, Volpe National Transportation Systems Center, Kendall 
Square, 55 Broadway, Suite 920, Cambridge, MA 02142-1093, (617) 494-
2055.
    Region II--New York, New Jersey, Virgin Islands, Letitia 
Thompson, FTA Regional Administrator, One Bowling Green, Room 429, 
New York, NY 10004-1415, (212) 668-2170.
    Region III--Pennsylvania, Maryland, Virginia, West Virginia, 
Delaware, Washington, DC, Susan Borinsky, FTA Regional 
Administrator, 1760 Market Street, Suite 500, Philadelphia, PA 
19103-4124, (215) 656-7100.
    Region IV--Georgia, North Carolina, South Carolina, Florida, 
Mississippi, Tennessee, Kentucky, Alabama, Puerto Rico, Yvette G. 
Taylor, FTA Regional Administrator, 61 Forsyth Street, SW., Suite 
17T50, Atlanta, GA 30303, (404) 562-3500.
    Region V--Illinois, Indiana, Ohio, Wisconsin, Minnesota, 
Michigan, Marisol R. Simon, FTA Regional Administrator, 200 West 
Adams Street, Suite 320, Chicago, IL 60606-5232, (312) 353-2789.
    Region VI--Texas, New Mexico, Louisiana, Arkansas, Oklahoma, 
Robert Patrick, FTA Regional Administrator, 819 Taylor Street, Room 
8A36, Ft. Worth, TX 76102, (817) 978-0550.
    Region VII--Iowa, Nebraska, Kansas, Missouri, Mokhtee Ahmad, FTA 
Regional Administrator, 901 Locust Street, Suite 404, Kansas City, 
MO 64106, (816) 329-3920.
    Region VIII--Colorado, North Dakota, South Dakota, Montana, 
Wyoming, Utah, Lee Waddleton, FTA Regional Administrator, 12300 West 
Dakota Avenue Suite 310, Lakewood, CO 80228-2583, (720) 963-3300.
    Region IX--California, Arizona, Nevada, Hawaii, American Samoa, 
Guam, Leslie Rogers, FTA Regional Administrator, 201 Mission Street, 
Suite 1650, San Francisco, CA 94105-1831, (415) 744-3133.
    Region X--Washington, Oregon, Idaho, Alaska, Richard Krochalis, 
FTA Regional Administrator, Jackson Federal Building, 915 Second 
Avenue, Suite 3142, Seattle, WA 98174-1002, (206) 220-7954.

[FR Doc. E6-1396 Filed 2-1-06; 8:45 am]
BILLING CODE 4910-57-P