[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Pages 13968-13971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4832]



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Part III





Department of Transportation





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Federal Transit Administration



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 Bus and Bus Facilities Discretionary Program Grants (Section 5309); 
Notice

  Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / 
Notices  

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Bus and Bus Facilities Discretionary Program Grants (Section 
5309)

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Availability of Fiscal Year 2007 Funds; Solicitation 
of Grant Applications.

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SUMMARY: This notice invites applications for the discretionary funds 
available in Fiscal Year (FY) 2007 for the discretionary Bus and Bus 
Facilities Program, authorized by 49 U.S.C. 5309(b). The Bus and Bus 
Facilities Program makes funds available to public transit providers to 
finance capital projects to replace, rehabilitate, and purchase buses 
and related equipment and to construct bus-related facilities, 
including programs of bus and bus-related projects for assistance to 
subrecipients that are public agencies, private companies engaged in 
public transportation, or private non-profit organizations.
    The notice includes priorities established by the Federal Transit 
Administration (FTA) for the discretionary program, includes the 
criteria FTA will use in evaluating applications, and describes how to 
apply. Applications will be accepted from Designated Recipients for the 
FTA Urbanized Area Formula program and States, on behalf of 
nonurbanized or urbanized area transit 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. Proposals may be submitted to 
FTA electronically through the Grants.Gov APPLY function or through 
FTA's Transportation Electronic Award and Management (TEAM)-Web.

DATES: Complete proposals for the discretionary Bus and Bus Facilities 
Program grants must be submitted by May 22, 2007. Anyone intending to 
apply electronically through Grants.Gov for the first time should 
initiate the process of registering on the 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 selection process is complete.

ADDRESSES: Proposals may be submitted electronically through the 
Grants.Gov website or through FTA's TEAM-Web grants management and 
award system. Applicants applying to Grants.Gov may also send an e-mail 
to their regional grant contact to receive confirmation that FTA 
retrieved the application.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Administrator (Appendix A) for application-specific information and 
issues. For general program information, contact Henrika Buchanan-
Smith, (202) 366-4020, e-mail: [email protected] or Mary 
Martha Churchman, (202) 366-2053, e-mail: [email protected] 
in the FTA Office of Program Management, Office of Transit Programs. A 
TDD is available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION: 

Table of Contents

Overview
Full Text of Announcement
I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review, Selection, and Notification
VI. Award Administration
VII. Agency Contact(s)
Appendix A FTA Regional Offices

Overview

    Federal Agency Name: Federal Transit Administration, U.S. 
Department of Transportation.
    Funding Opportunity Title: Discretionary Bus and Bus Facilities 
Program.
    Announcement Type: Initial Announcement.
    Catalog of Federal Domestic Assistance (CFDA) Number: 20.500.
    Dates: Applications must be submitted by May 22, 2007.

Full Text of Announcement

I. Funding Opportunity Description

A. Authority

    The program is authorized under 49 U.S.C. 5309(b)(3), as amended by 
section 3011 of the Safe, Accountable, Flexible, Efficient, 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 
109-059, August 10, 2005.

    The Secretary may make grants under this section to assist State 
and local governmental authorities in financing * * *
    (3) capital projects to replace, rehabilitate, and purchase 
buses and related equipment and to construct bus-related facilities, 
including programs of bus and bus-related projects for assistance to 
subrecipients that are public agencies, private companies engaged in 
public transportation, or private non-profit organizations.

B. Background

    The ``Revised Continuing Appropriations Resolution, 2007'' (Pub. L. 
110-05) enacted, February 15, 2007, made available $881,779,000 for the 
FTA Bus and Bus Facilities program in FY 2007. Of this amount, 
$8,817,790 is deducted for oversight and $459,670,089 is allocated to 
statutory provisions and project designations in SAFETEA-LU. The 
balance of $413,291,121 in FY 2007 funds is available to FTA for 
discretionary allocation. In addition, a balance of $24,893,251 of FY 
2006 Bus and Bus Facilities program funding that was not allocated to 
specific projects in the FY 2006 appropriations legislation is also 
available for discretionary award in FY 2007, for a total of 
$438,184,372.
    The authorizing legislation allows for the Secretary of 
Transportation to make awards under this program at her discretion. FTA 
is issuing two separate Notices of Funding Availability for 
discretionary funding in the Bus Program in FY 2007. One notice, which 
appears in another part of today's Federal Register, invites 
applications to support the Department's Congestion Initiative, in 
conjunction with the solicitation previously issued by the Department 
for the Urban Partners program. This notice invites applications to 
support additional strategic investments in bus and bus facility 
projects that represent the highest and best use of the available 
discretionary funding and respond to specific priorities FTA has 
identified in this Notice. Applicants may respond to either or both 
notices, according to the instructions included in each notice. 
Separate applications are required for each notice. In the selection 
process, FTA will ensure that funding is not awarded to the same 
applicant for the same activities under both notices.

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. Bus and Bus Facilities projects will improve 
mobility for all individuals by providing financial assistance to help 
transit providers address planned capital improvements beyond what can 
be provided with existing resources such as Urbanized Area (49 U.S.C. 
5307) and Nonurbanized Area (49 U.S.C. 5311) formula resources that are 
currently available to grantees. These competitive grants will support 
cost effective

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strategic investments in buses and bus facility projects that represent 
the highest and best use of the available discretionary funding.

II. Award Information

    Federal transit funds are available to State or local governmental 
authorities as recipients and other public transportation providers as 
subrecipients for up to 80 percent of the net project capital cost. The 
$438 million available to FTA for discretionary allocation in FY 2007 
will be allocated to projects submitted in response to this notice and 
the Congestion Relief notice published separately in this Federal 
Register. There are no minimum or maximum funding limits for 
applications under this notice; however, FTA intends to fund as many 
meritorious projects as possible. FTA may allocate less than the total 
amount requested in the application. Following announcement of the 
project selections, successful applicants will submit further 
documentation through FTA's electronic grant management system, TEAM, 
and FTA will award funding in the form of grants. At the request of the 
original applicant, FTA will award grants to other eligible direct 
recipients whose projects were included in a consolidated application. 
While funds under the program have a three year period of availability 
for obligation, FTA intends to award grants for the selected projects 
before the end of FY 2007 or in the first quarter of FY 2008. Grants 
are subject to a 20 percent local match requirement and projects must 
comply with all requirements applicable to the Section 5309 Bus and Bus 
Facilities Program.
    FTA will give special consideration to applications that address 
the following priority areas that FTA has established for the FY 2007 
discretionary Bus and Bus Facilities program:
     Fleet replacement needs that cannot be met with formula 
funds.
     Fleet expansion that allows significant service increase 
and/or improvements and/or operating efficiencies.
     Facility construction or renovation to support increased 
service or introduction of clean fuels.
     Strategic investments in rural areas where formula funding 
is inadequate.
     Purchase of clean fuel vehicles.
     Intermodal terminal projects that include intercity bus 
providers.
     Gulf Coast Recovery--capital to support bus and bus 
facilities replacement and expansion related to the impacts of the 2005 
Hurricanes. Eligibility is limited to those areas identified as 
eligible under Section 7025 of Pub. L. 109-234 and FTA's implementing 
guidance.

III. Eligibility Information

1. Eligible Applicants

    Eligible applicants under this program are Designated Recipients 
under the Section 5307 Urbanized Area Formula program and States. 
Proposals for funding of eligible projects in rural (nonurbanized) 
areas must be submitted as part of a consolidated State application. 
States and Designated Recipients may also submit consolidated proposals 
for projects in urbanized areas.
    Proposals may contain projects to be implemented by the Designated 
Recipient or its subrecipients. Eligible subrecipients include public 
agencies, private non-profit organizations, and private providers 
engaged in public transportation. Tribal rural transit projects must be 
included in a State proposal, but FTA may make a direct grant to a 
Federally recognized tribe for a project included in the proposal if 
selected.

2. Eligible Expenses

    Section 5309 grants authority to the Secretary to make grants ``to 
assist State and local governmental authorities in financing capital 
projects to replace, rehabilitate, and purchase buses and related 
equipment and to construct bus-related facilities, including programs 
of bus and bus-related projects for assistance to subrecipients that 
are public agencies, private companies engaged in public 
transportation, or private non-profit organizations.''
    Projects eligible for funding under the Bus program are capital 
projects such as: purchase and rehabilitation of buses and vans, bus 
related equipment (including Intelligent Transportation Systems (ITS) 
equipment, fare boxes, radios), construction and rehabilitation of bus 
related facilities (including administrative, maintenance, transfer, 
and intermodal facilities, including facilities consistent with FTA's 
joint development policy.)
    Funds made available under this Notice cannot be used to fund 
operating expenses or the expanded capital eligibility activities such 
as preventive maintenance, security drills, or debt service reserve 
otherwise eligible under the Bus Program. Funds also cannot be used to 
reimburse grantees that have incurred prior expenses for the project 
absent evidence that FTA had issued a Letter of No Prejudice (LONP) for 
the project prior to the costs being incurred. There is no blanket pre-
award authority for projects to be funded under this announcement prior 
to announcement in the Federal Register of the selected projects.

3. Cost Sharing or Matching

    Costs will be shared at the following ratio: 80 percent FTA/20 
percent local contribution. Match for the incremental cost of ADA or 
Clean Air Act improvements may be 90/10, consistent with the guidance 
for other FTA programs. FTA can waive local share for Gulf Coast 
projects under provisions of Section 7025. FTA will not approve 
deferred local share under this program.

IV. Application and Submission Information

1. Proposal Submission Process

    The eligible applicants, Designated Recipients and States, because 
they are already established FTA grantees, may apply through FTA's 
TEAM-Web electronic grants management and award system. Any applicant 
information specified in section 2.A below that is not part of the 
recipient profile in TEAM-Web may be included as a narrative 
attachment. The material regarding Project Information specified in 
section 2.B below should be provided as a narrative attachment. To 
ensure that FTA identifies the application as a candidate for 
consideration in the competitive selection process, the application 
must be given the following temporary project name: BUSNOFA--(two 
letter State code)--(4 digits Recipient TEAM ID). Supplemental 
information may be submitted as a PDF attachment. Mail and fax 
submissions will not be accepted except for supplemental information 
that cannot be sent electronically.
    Submission through TEAM-Web does not guarantee that the application 
will be selected for funding. Only those projects selected for award 
through the competitive process will advance to formal submission for 
grant award, and revisions may be required prior to submission, for 
example reductions in the project budget.
    Alternatively, applicants may submit project proposals 
electronically through http://www.grants.gov. The Office of Management 
and Budget (OMB) requires all Federal agencies to make applications for 
competitive grant programs available through Grants.Gov. 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 and applicants 
will be able to apply through the APPLY module of that site.

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    This opportunity is only for funds available to FTA in FY 2007 for 
discretionary allocation. In the past, the entire Bus and Bus 
Facilities program has typically been allocated by Congress in the 
Authorization and in subsequent appropriation legislation. If there are 
future discretionary funding opportunities, FTA will issue a new Notice 
of Funding Availability.

2. Application Content

A. Applicant Information
    This addresses basic identifying information, including:
    a. Applicant name and FTA recipient ID number.
    b. Contact information (including contact name, e-mail, fax and 
phone number).
    c. Brief description of services provided by the agency, including 
areas served.

For applicants applying through Grants.Gov, some of this information is 
included in the Standard Form 424.
B. Project Information
    Every proposal must:
    1. Describe the projects(s) for which funding is requested.
    2. Identify which of the FTA priorities the project addresses, or 
indicate that the project addresses other local priorities.
    3. Address each of the evaluation criteria separately, providing 
evidence that demonstrates how the project responds to each criterion, 
for example, age and condition of current fleet to demonstrate need if 
applying for replacement vehicles, projected ridership increases that 
will result from the project if applying for fleet expansion to support 
service enhancements, status of environmental compliance activities if 
applying for construction projects, advance preparations that will 
enable the project to be implemented quickly.
    4. Provide a line item budget for the project, including the 
Federal amount requested and the total cost for each purpose for which 
funds are sought, and the total Federal amount requested and total 
project cost.
    5. Document the matching funds, including amount and source of the 
match.
    6. Provide a project time-line, including significant milestones 
such as anticipated date of contract award for purchase of vehicle(s), 
and actual or expected delivery date of vehicles.
    7. Proposal may include additional supplemental information, for 
example, architectural drawings, letters of support, maps.

3. Submission Dates and Times

    Complete proposals for the Bus and Bus Facilities Program grants 
must be submitted to TEAM-Web by May 22, 2007 or submitted 
electronically through the Grants.Gov Web site by the same date. 
Applicants planning to apply through grants.gov are encouraged to begin 
the process of registration on the 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. Funding Restrictions

    Only proposals 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.

5. Other Submission Requirements

    Applicants should submit 3 copies of any supplemental information 
that cannot be submitted electronically to the appropriate regional 
office. Supplemental information submitted in hardcopy must be 
postmarked or delivered by alternate delivery services by May 22, 2007.

V. Application Review Information

1. Project Evaluation Criteria

    Projects will be evaluated according to the following criteria:
    A. Cost Effective Strategic Investment.
    i. Project represents a one-time or periodic capital investment 
that cannot reasonably be funded from formula allocations or State and/
or local revenues. Applicants for the Gulf Coast recovery priority must 
also demonstrate that funds have not been made available for the 
investment by the Federal Emergency Management Agency (FEMA) or other 
supplemental resources.
    ii. Applicant did not receive sufficient funding for the proposed 
project in the SAFETEA-LU earmarks and formula funds are not available 
to support the project.
    iii. For vehicle replacement applications, average fleet age is at 
or close to 75 percent of useful life, and/or vehicles to be replaced 
exceed their useful life based on mileage and/or age.
    iv. The project will have a significant impact on service delivery.
    B. Planning and prioritization at local/regional level.
    i. Project is consistent with the transit priorities identified in 
the Metropolitan Transportation plan or statewide long range plan and/
or contingency/illustrative projects in those plans. The project could 
not be included in the financially constrained Transportation 
Improvement Program (TIP)/State Transportation Improvement Program 
(STIP) due to lack of funding (if selected, project must be on TIP 
before grant award).
    ii. Local support is demonstrated by the availability of local 
match for this project and, if applicable, letters of support from 
project partners (e.g., intercity bus operators, in the case of an 
application for an intermodal facility).
    iii. Capital projects are consistent with service needs of the area 
based on local plans and projected population trends. For example, a 
proposal for fleet expansion shows evidence of the need for additional 
capacity.
    iv. In an area with more than one transit operator, the application 
demonstrates coordination with and support of other transit operators, 
or in rural areas, with human service transportation providers.
    C. The project clearly addresses one or more of the FTA FY 2007 Bus 
priority areas.
    i. Application clearly addresses one or more of the priority areas 
and demonstrates merit in that area, for example, investment for bus 
replacements is justified by age and condition of fleet.

    Note: If the project does not address one of the FTA priority 
areas, application demonstrates how the project addresses 
significant regional or local priorities.

    D. The project is ready to implement.
    i. At a minimum, any required environmental work has been initiated 
for construction projects requiring an Environmental Assessment (EA). 
Prior FTA environmental approval indicates a higher state of readiness.
    ii. Initial design of facilities projects is complete, and where 
applicable, implementation plans have been developed or are under 
development.
    iii. TIP/STIP can be readily amended (as evidenced by Metropolitan 
Planning Organization (MPO)/State endorsement).
    iv. Project can be obligated and implemented quickly if selected, 
for example, an existing bus procurement includes options the grantee 
could exercise.
    E. The applicant demonstrates the ability to carry out the proposed 
project successfully.

    Note: Applicants must have basic technical, legal, and financial 
capacity as a precondition of grant award. Since proposals are 
limited to existing FTA grantees,

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applicants are assumed to have that basic capacity. This criterion 
refers to implementation of the particular project proposed.

    i. For larger capital projects, the applicant has the technical 
capacity to administer the project.
    ii. For fleet replacement and expansion, the acquisition is 
consistent with the system's capital replacement plans and/or 
operational plans or plans for system improvements.
    iii. There are no outstanding legal, technical or financial issues 
with the grantee that would make this a high risk project.
    iv. Source of 20 percent local match is identified and is available 
for prompt project implementation if selected (no deferred local share 
will be allowed).

2. Review and Selection Process

    Proposals will be screened and ranked by the appropriate FTA 
regional office (see Appendix A) and FTA headquarters staff. 
Meritorious projects will be considered for inclusion in a national 
list of selected projects that addresses the identified priorities and 
represents the highest and best use of the available funding. The 
Administrator shall determine the final selection and amount of funding 
for each project.
    Selected projects will be announced approximately eight weeks after 
the application deadline. FTA will publish the list of all selected 
projects and funding levels in the Federal Register.

VI. Award Administration Information

1. Award Notices

    FTA will announce project selections in a Federal Register Notice 
and FTA regional offices will contact successful applicants. FTA will 
award grants for the selected projects to the Designated Recipient or 
State applicant, or to other eligible direct recipients, through the 
FTA electronic grants management and award system, TEAM, after receipt 
of a complete application in TEAM. These grants will be administered 
and managed by the FTA regional offices in accordance with the federal 
requirements of the Section 5309 program. At the time the project 
selections are announced, FTA will extend pre-award authority for the 
selected projects. There is no blanket pre-award authority for these 
projects prior to announcement.

2. Administrative and National Policy Requirements

A. Grant Requirements
    If selected, applicants will apply for a grant through TEAM and 
adhere to the customary FTA grant requirements of the Section 5309 Bus 
and Bus Facilities program, including those of FTA C 9300.1A; C 
5010.1C; and labor protections required under 49 U.S.C. 5333(b). 
Discretionary grants greater than $1 million will go through 
Congressional Notification and release process. Technical assistance 
regarding these requirements is available from each FTA regional 
office.
B. Planning
    Applicants are encouraged to notify the appropriate State 
Departments of Transportation and MPOs in areas likely to be served by 
the project funds made available under this program. Before grant 
award, the project must satisfy requirements for inclusion in the STIP 
and Metropolitan Transportation Improvement Program (TIP), where 
applicable.
C. Standard Assurances
    FTA annually issues a set of standard Certifications and Assurances 
which each FTA grantee must sign, assuring 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 all 
relevant current Certifications and Assurances prior to receiving a 
grant under this announcement.

3. Reporting

    Post-award reporting requirements include submission of Financial 
Status Reports, Milestone reports, and narrative progress reports in 
TEAM on a quarterly basis for projects within a large urbanized area, 
or annual reports for grants in Small urban or rural areas. 
Documentation is required for payment.

VII. Agency Contact(s)

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

    Issued in Washington, DC, this 12th day of March, 2007.
James S. Simpson,
Administrator.

Appendix A--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.
    Brigid Hynes-Cherin, 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.
    Herman Shipman, FTA Deputy 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, Virgin 
Islands.
    Yvette G. Taylor, FTA Regional Administrator, 61 Forsyth Street, 
S.W., 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.
    Letitia Thompson, Acting 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. E7-4832 Filed 3-22-07; 8:45 am]
BILLING CODE 4910-57-P