[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Notices]
[Page 63838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18259]



[[Page 63838]]

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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2006-24037]


Clarification for Fiscal Year (FY) 2007 Implementation for the 
Elderly Individuals and Individuals With Disabilities, Job Access and 
Reverse Commute (JARC), and New Freedom Programs

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Interim guidance for FY 2007 implementation.

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

SUMMARY: The Federal Transit Administration (FTA) published a Federal 
Register notice on September 6, 2006 (71FR52610) announcing proposed 
guidance in the form of circulars to assist grantees in implementing 
the Elderly Individuals and Individuals with Disabilities (Section 
5310), JARC, and New Freedom programs. By this notice, FTA clarifies 
interim guidance for FY 2007 included in the notice published on 
September 6, 2006, and provides additional interim guidance for FY 
2007.

DATES: This clarification is effective on October 31, 2006.

ADDRESSES: FTA continues to invite public comment on the proposed 
circulars for these programs through November 6, 2006 via the Web site: 
http://dms.dot.gov (Docket Number FTA-2006-24037); fax at 202-493-2251; 
or mail: Docket Management Facility; U.S. Department of Transportation, 
400 Seventh Street, SW., Nassif Building, PL-401, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Henrika Buchanan-Smith, Office of 
Program Management, Federal Transit Administration, 400 Seventh Street, 
SW., Room 9114, Washington, DC 20590, phone: (202) 366-4020, fax: (202) 
366-7951, or e-mail, [email protected].

SUPPLEMENTARY INFORMATION: FTA published a Federal Register notice and 
proposed program guidance circulars on September 6, 2006 for the 
Elderly Individuals and Individuals with Disabilities (Section 5310), 
JARC, and New Freedom programs. In the notice, FTA included ``Guidance 
for the Coordinated Planning Process for FY 2007,'' phasing in the 
requirements for the locally developed coordinated public transit-human 
service transportation plan.
    This notice clarifies that applicants should follow this interim 
guidance regarding the planning process for all grants awarded under 
these three programs in FY 2007, including funds appropriated and 
apportioned in both FY 2006 and FY 2007.
    An earlier Federal Register notice published March 15, 2006, 
included ``Interim Guidance for the Elderly Individuals and Individuals 
with Disabilities, JARC, and New Freedom Grants for FY 2006.'' At the 
time FTA published that Interim Guidance, we expected to issue final 
guidance before FY 2007, and the interim guidance was only made 
applicable to FY 2006 grants. The interim guidance for FY 2007 in the 
September 6, 2006 notice, however, applied only to the coordinated 
plan, not to other topics addressed in the FY 2006 interim guidance. 
The three proposed circulars include guidance for other areas such as 
designated recipient, competitive selection, project eligibility, and 
subrecipient eligibility. The proposed requirements in these circulars 
are based on provisions in the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) as well as 
issues raised and commented on during the public comment period. The 
proposed circulars reflect FTA's current interpretation of SAFETEA-LU.
    The guidance contained in the proposed circulars should be used for 
applications submitted during FY 2007, to the extent possible. However, 
FTA recognizes that some designated recipients may have proceeded in 
good faith based on the interim guidance for FY 2006 in the March 15, 
2006, notice, which stated that in the event FTA subsequently 
established more specific criteria for the coordinated planning or 
competitive selection process, or for project eligibility, the 
requirements would not be applied retroactively to grants awarded prior 
to the issuance of the guidance.
    FTA will continue to apply this ``hold harmless'' principle to 
applications submitted in FY 2007 based on coordinated planning or 
competitive selection processes substantially complete before the 
issuance of final guidance. Designated recipients should be aware that 
projects awarded funding prior to the issuance of final guidance may 
not be eligible for continuation funding in future years if they do not 
meet the eligibility criteria in the final guidance. When FTA 
subsequently issues final guidance it will be effective in FY 2008.

    Issued in Washington, DC, this 23rd day of October, 2006.
James S. Simpson,
Administrator.
[FR Doc. E6-18259 Filed 10-30-06; 8:45 am]
BILLING CODE 4910-57-P