[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Notices]
[Pages 41824-41829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16624]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2013-0026]


Enhanced Mobility for Seniors and Individuals With Disabilities: 
Proposed Circular

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Availability of Proposed Circular and Request for 
Comments.

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SUMMARY: The Federal Transit Administration (FTA) has placed in the 
docket and on its Web site, proposed guidance in the form of a circular 
to assist grantees in implementing the Enhanced Mobility for Seniors 
and Individuals with Disabilities Program. The Moving Ahead for 
Progress in the 21st Century Act (MAP-21, Pub. L. 112-141) blended the 
New Freedom Program (49 U.S.C. 5317) and the Elderly Individuals and 
Individuals with Disabilities Program (49 U.S.C. 5310) into a new 
Enhanced Mobility for Seniors and Individuals with Disabilities 
Program, authorized at 49 U.S.C. 5310. FTA is updating the circular due 
to these changes in the law. By this notice, FTA invites public comment 
on the proposed circular for this program.

DATES: Comments must be submitted by September 9, 2013. FTA will 
consider late-filed comments to the extent practicable.

ADDRESSES: Please submit your comments by only one of the following 
methods, identifying your submission by docket number FTA-2013-0026. 
All electronic submissions must be made to the U.S. Government 
electronic site at http://www.regulations.gov.
    (1) Federal eRulemaking Portal: Go to http://www.regulations.gov 
and follow the online instructions for submitting comments.
    (2) Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    (3) Hand Delivery or Courier: West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern 
time, Monday through Friday, except Federal holidays.
    (4) Fax: 202-493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket number (FTA-2013-0026) for this notice at 
the beginning of your comments. Submit two copies of your comments if 
you

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submit them by mail. For confirmation that FTA received your comments, 
include a self-addressed stamped postcard. Note that all comments 
received will be posted without change to www.regulations.gov including 
any personal information provided and will be available to Internet 
users. You may review DOT's complete Privacy Act Statement published in 
the Federal Register on April 11, 2000 (65 FR 19477).
    Docket: For access to the docket to read background documents and 
comments received, go to www.regulations.gov at any time or to the U.S. 
Department of Transportation, 1200 New Jersey Ave. SE., Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, Washington, 
DC 20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: For program questions, Gilbert 
Williams, Office of Program Management, Federal Transit Administration, 
1200 New Jersey Ave. SE., Room E44-409, Washington, DC, 20590, phone: 
(202) 366-0797, fax: (202) 366-7951, or email, 
[email protected]. For legal questions, Bonnie Graves, Office of 
Chief Counsel, same address, Room E56-306, phone: (202) 366-4011, fax: 
(202) 366-3809, or email, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Overview
II. Chapter-by-Chapter Analysis
    A. Chapter I--Introduction and Background
    B. Chapter II--Program Overview
    C. Chapter III--General Program Information
    D. Chapter IV--Program Development
    E. Chapter V--Coordinated Planning
    F. Chapter VI--Program Management and Administrative 
Requirements
    G. Chapter VII--State and Program Management Plans
    H. Chapter VIII--Other Provisions
    I. Appendices

I. Overview

    FTA is updating Circular 9070.1F, ``Elderly Individuals and 
Individuals with Disabilities Program Guidance and Application 
Instructions,'' last revised in 2007, in order to incorporate changes 
in the law subsequent to passage of the Moving Ahead for Progress in 
the 21st Century Act (MAP-21, Pub. L. 112-141). MAP-21 blended the 
previous ``Section 5310 Program'' and the New Freedom Program (49 
U.S.C. 5317, authorized by the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act--A Legacy for Users (SAFETEA-LU), and 
repealed by MAP-21).
    The new Section 5310 Program, as amended by MAP-21, authorizes 
grants for the activities previously authorized under two separate 
grants programs, including public transportation capital projects 
planned, designed, and carried out to meet the special needs of seniors 
and people with disabilities when public transportation is 
insufficient, unavailable, or inappropriate; public transportation 
projects that exceed the requirements of the Americans with 
Disabilities Act (ADA) of 1990; and alternatives to public 
transportation that assist people with disabilities with 
transportation. Notably, the ``alternatives to public transportation'' 
language now applies to seniors as well as to people with disabilities, 
and projects no longer have to be ``new'' to be eligible for funding. 
In addition to the previously eligible activities, MAP-21 adds a new 
eligible activity under this section entitled: ``public transportation 
projects that improve access to fixed route service and decrease 
reliance by people with disabilities on complementary paratransit.'' 
The objective of this activity is to remove barriers, including 
improving access to public rights-of-way and installing elevators in 
rail stations that are not required by the ADA to have elevators, so 
people who use wheelchairs or have other mobility impairments have 
greater access to bus stops and rail stations.
    Several aspects of the new Section 5310 Program carry forward 
language from the previous Sections 5310 and 5317 (New Freedom) 
Programs. For example, projects funded under the new Section 5310 must 
also be part of a program of projects that is annually submitted to 
FTA. Recipients of Section 5310 funds may coordinate and assist with 
meal delivery services for homebound people, if the service does not 
interfere with the provision of transportation services. The Federal 
share of costs remains at 80 percent for capital projects and 50 
percent for operating. Consistent with previous law, facilities or 
equipment may be transferred to other recipients under certain 
conditions. Further, the requirement for coordinated planning is 
retained, and projects must be included in the coordinated plan. In 
addition, seniors and people with disabilities must be included in the 
development and approval of the coordinated plan.
    Under MAP-21, funding for the new Section 5310 Program is no longer 
apportioned only to States; however, it is now apportioned in the same 
way that Section 5317 (New Freedom) funds were apportioned under the 
previous authorization, except the senior population (age 65 and over) 
is now included in the new formula. Sixty percent of the funds are 
apportioned to designated recipients in large urbanized areas with a 
population of 200,000 or more in a ratio reflecting the number of 
seniors and people with disabilities in each such urbanized area; 20 
percent of the funds are apportioned to the States in a ratio 
reflecting the number of seniors and people with disabilities in 
urbanized areas with a population of less than 200,000; and, likewise, 
20 percent of the funds are apportioned to the States in a ratio 
reflecting the number of seniors and people with disabilities in rural 
areas with a population of less than 50,000 in each State.
    The competitive selection process, required under the previous New 
Freedom Program, is no longer mandatory. However, whether or not a 
State or a designated recipient uses a competitive selection process to 
award funds to subrecipients, the State or designated recipient must 
certify that funds allocated to subrecipients are allocated on a fair 
and equitable basis.
    Finally, the new Section 5310 Program requires FTA to establish 
performance measures for grants made under Section 5310. This notice, 
in the section describing changes in Chapter II, seeks comment on 
proposed performance measures for this program.
    This notice also provides a summary of proposed changes to FTA 
Circular 9070.1F. Once the final circular is adopted, it will supersede 
the existing 5310 Program Circular. The proposed circular itself is not 
included in this notice; instead, an electronic version may be found on 
FTA's Web site, at www.fta.dot.gov, and in the docket, at 
www.regulations.gov. Paper copies of the proposed circular may be 
obtained by contacting FTA's Administrative Services Help Desk, at 
(202) 366-4865. FTA seeks comment on the proposed circular.

II. Chapter-by-Chapter Analysis

A. Chapter I--Introduction and Background

    Chapter I of the proposed circular is an introductory chapter and 
covers general information about FTA and how to contact us, briefly 
reviews the authorizing legislation for FTA programs generally, 
includes definitions applicable to the Section 5310 Program, and 
provides a brief history of the Section 5310 Program. Where applicable, 
we have used the same definitions found in statute,

[[Page 41826]]

rulemakings, and other circulars to ensure consistency.
    There are few substantive changes to this chapter. We have removed 
the reference to Grants.gov, since Section 5310 grants are distributed 
by formula, and only discretionary grants are listed on Grants.gov. We 
have added, amended, or removed definitions as necessary. For example, 
MAP-21 amended the definition of ``disability'' in title 49 U.S.C. 5302 
to be consistent with the definition as it appears in the Americans 
with Disabilities Act (ADA). We have added a number of definitions that 
are used throughout FTA Circulars, such as ``Capital Lease,'' ``Cost of 
Project Property,'' ``Master Agreement,'' and ``Operating Expenses.'' 
Some terms have changed in accordance with MAP-21: ``Chief Executive 
Officer of a State'' is now ``Governor;'' ``Elderly Individual'' is now 
``Senior;'' and ``Other than Urbanized Area'' is now ``Rural Area.'' We 
have also added a definition of ``Traditional Section 5310 Projects''--
meaning those capital projects planned, designed, and carried out to 
meet the special needs of seniors and individuals with disabilities 
when public transportation is insufficient, inappropriate, or 
unavailable, and carried out by eligible subrecipients as described in 
Chapter III. The new Section 5310 Program requires that not less than 
55 percent of funds apportioned to a State or designated recipient 
shall be available for these Traditional Section 5310 Projects.
    Finally, we have updated the Program History section to include the 
changes to the program effective with MAP-21.
    FTA seeks comment on the content of Chapter I.

B. Chapter II--Program Overview

    We propose amending some of the content of this chapter. We propose 
amending Section 1, Statutory Authority, to remove references to 
SAFETEA-LU and instead include MAP-21. This section includes a number 
of statutory provisions, including the list of eligible activities, the 
requirement that 55 percent of funds be available for Traditional 
Section 5310 Projects, the types of entities that are eligible 
subrecipients for Traditional Section 5310 Projects, as well as the 
types of entities that may be subrecipients for other eligible 
activities. We propose amending Section 2, Program Goal, to reflect the 
additional goal of removing barriers to transportation services and 
expanding the transportation mobility options available.
    As stated previously, the Section 5310 Program is no longer 
administered exclusively by the States. Instead, funds are apportioned 
to States and designated recipients in large urbanized areas. FTA 
proposes changes to Chapter II to address these changes in the law. The 
recipient's role in program administration has been streamlined, and 
includes references to both States and designated recipients. We 
propose extensive edits to section 6, Relationship to Other FTA 
Programs, as both the Job Access and Reverse Commute (JARC) and New 
Freedom Programs were repealed, and the coordination provisions needed 
to be updated due to these repeals. We propose only minor edits to 
section 7, Coordination with Other Federal Programs. We propose 
updating the information related to the Coordinating Council on Access 
and Mobility (CCAM), and adding a paragraph on other interagency 
coordination.
Performance Measures
    Section 3 of this chapter includes information on performance 
measures. Section 5310(h) requires FTA to submit a report to Congress 
no later than September 30, 2013, making recommendations on the 
establishment of performance measures for grants under Section 5310. 
Such report shall be developed in consultation with national nonprofit 
organizations that provide technical assistance and advocacy on issues 
related to transportation services for seniors and individuals with 
disabilities.
    The performance measures to be considered in the report require the 
collection of quantitative and qualitative information, as available, 
concerning--
    (1) Modifications to the geographic coverage of transportation 
service, the quality of transportation service or service times that 
increase the availability of transportation services for seniors and 
individuals with disabilities;
    (2) ridership;
    (3) accessibility improvements; and
    (4) other measures, as the Secretary determines is appropriate.
    Additionally, Section 5335(c) requires all FTA grant recipients, 
including grant recipients under Section 5310, to report an asset 
inventory or condition assessment conducted by the recipient to the 
National Transit Database (NTD). Taken together, these requirements are 
similar to the requirements pertaining to FTA's Section 5311 Rural Area 
Formula Program. Section 5335(b) requires all recipients of grants 
under Section 5311 to report financial, operating, and asset condition 
information to the NTD. Additionally, Section 5311(b)(4) requires each 
recipient of grants under Section 5311 to annual report total annual 
revenue, sources of revenue, total annual operating costs, total annual 
capital costs, fleet size and type, related facilities, vehicle revenue 
miles, and ridership. Further, many recipients or subrecipients of 
Section 5310 grants may also be recipients of the Section 5307 
Urbanized Area Formula Program, and as such are already required to 
submit comprehensive reports to the NTD.
    One option FTA is considering is to simplify the reporting burden 
by combining all of the above reporting requirements into a single 
requirement for recipients of Section 5310 or Section 5311 to report to 
the NTD on behalf of all of their subrecipients, and for recipients of 
Section 5310 or Section 5307 to report on behalf of all of their 
subrecipients, under a single, unified reporting system. The current 
NTD reporting requirements for Section 5311 already include ridership, 
accessibility improvements (as part of the revenue vehicle inventory, 
and other measures as the Secretary deems appropriate (vehicle revenue 
miles, total operating and capital expenses.)) In order to implement 
this option, FTA would have to expand the current Rural and Urbanized 
Area Annual data collections to include a measure of ``geographic 
coverage of transportation service'' and ``service times that increase 
the availability of transportation services for seniors and individuals 
with disabilities.'' As such, any Section 5310 recipient that is 
already reporting to the NTD as either a Section 5307 recipient or as a 
Section 5311 subrecipient would already meet the proposed Section 5310 
reporting requirements through their existing NTD reports. Section 5310 
grant recipients would then only need to add NTD reports for any 
subrecipients that are not already reporting to the NTD.
    FTA seeks comment on the above approach:
    a. Should FTA consider implementing a unified and combined NTD 
Reporting Requirement for the Section 5310 and 5311 programs, and the 
Section 5310 and 5307 programs? This would require States to report on 
behalf of all subrecipients from both the 5310 and 5311 programs, 
except those already reporting to the NTD; Urbanized Area designated 
recipients would also have to report on behalf of all subrecipients, 
except those already reporting to the NTD.
    (1) If not, what approach should FTA consider for implementing the 
requirements of Section 5335(c) for all FTA grant recipients to report 
an asset inventory or condition assessment to the NTD?

[[Page 41827]]

    (2) If not, what approach(es) should FTA consider in making 
recommendations to Congress on collecting quantitative and qualitative 
data to support performance measures for the Section 5310 program?
    b. What information should FTA consider collecting in order to 
establish performance measures for ``geographic coverage of 
transportation service?''
    (1) Would collecting the size and location of the demand response 
service area (either as operated, or else as required by the Americans 
with Disabilities Act to complement fixed-route service) be suitable?
    (2) If so, would collecting these data on the basis of political 
jurisdictions (e.g. counties served (for full-counties) or townships 
served (when serving less than a county) be suitable?
    (3) Would another information collection be more appropriate for 
meeting this requirement? Please be as specific as possible.
    c. What information should FTA consider collecting in order to 
establish performance measures for ``service quality or service times 
that increase the availability of transportation services for seniors 
and individuals with disabilities?''
    (1) Would collecting the hours of operation for the demand response 
service (either as operated, or else as required by the Americans with 
Disabilities Act to complement fixed-route service) for each day of the 
week be suitable?
    (2) Would collecting the service terms and conditions (e.g. advance 
notice requirement, eligibility (e.g. general public, limited on the 
basis of disability, etc.), pick-up window, etc.) be suitable?
    (3) Would another information collection be more appropriate for 
meeting this requirement? Please be as specific as possible.
    d. Once the data collection is established, how should FTA 
establish the performance measures?
    FTA seeks comment on the content of Chapter II.

C. Chapter III--General Program Information

    Due to the changes in Section 5310 under MAP-21, FTA proposes 
substantially revising this chapter. Since funding for the program is 
apportioned to States and designated recipients in large urbanized 
areas, FTA proposes inserting a number of sections from the circular 
that implemented the New Freedom Program (C. 9045.1, May 2007). This 
includes information regarding recipient designation, role of the 
designated recipient, and eligible direct recipients. In urbanized 
areas over 200,000 in population, the recipient charged with 
administering the Section 5310 Program must be officially designated 
through a process consistent with 49 U.S.C. 5302(4). Consistent with 
the former New Freedom program, FTA proposes that it is appropriate for 
the designated recipient for the Section 5307 Program to be the 
designated recipient for the Section 5310 Program, but another entity 
may be designated as the recipient for Section 5310 funds based on 
local circumstances. A State agency may be the designated recipient for 
large urbanized areas, but funds apportioned to the large UZA(s) must 
be allocated to those areas. The only other entity that may be a direct 
recipient for Section 5310 funds (for example, at the conclusion of the 
project selection process) in a large UZA is a Section 5307 designated 
recipient.
    Consistent with the Section 5310 program under previous 
authorizations, for Traditional Section 5310 Projects, the designated 
recipient or State applies for Section 5310 funds on behalf of private 
non-profit agencies and eligible local governmental authorities within 
the rural area of the State or the urbanized area. This provision 
ensures continued support for non-profit providers of public 
transportation, and maintains the status quo for these projects. For 
the remaining 45 percent of Section 5310 funds available to a rural or 
urbanized area, the designated recipient applies to FTA on behalf of 
itself and eligible subrecipients.
    FTA proposes two sections on subrecipients: One section for 
Traditional Section 5310 Projects, and one for additional eligible 
projects. The new Section 5310 Program essentially maintains the status 
quo for Traditional Section 5310 Projects--those public transportation 
capital projects planned, designed, and carried out to meet the special 
needs of seniors and individuals with disabilities when public 
transportation is insufficient, unavailable or inappropriate. These 
projects are carried out by private non-profit organizations; or a 
State or local governmental authority that is approved by a State to 
coordinate services for seniors and individuals with disabilities, or 
certifies that there are no non-profit organizations readily available 
in the area to provide the service. Eligible subrecipients for other 
eligible Section 5310 activities include a State or local governmental 
authority, a private non-profit organization, or an operator of public 
transportation that receives a Section 5310 grant indirectly through a 
recipient.
    In an effort to address one of the frequently asked questions of 
the New Freedom Program, FTA proposes including a new section that 
discusses private taxi operators as subrecipients. Taxi operators that 
provide shared-ride service may be subrecipients for non-Traditional 
Section 5310 Projects, as an operator of public transportation. Local 
(municipal/State) statutes or regulations, or company policy, will 
generally determine whether a taxi company provides shared-ride or 
exclusive-ride service. Taxi companies that wish to participate in the 
Section 5310 Program that do not provide shared-ride service may do so 
as contractors to recipients or subrecipients.
    Sections 8, 9, and 10 of Chapter III discuss apportionment of 
funds, funds availability, and transfer of funds. FTA apportions funds 
by statutory formula: 60 percent among designated recipients in large 
urbanized areas; 20 percent to the States for small urbanized areas; 
and 20 percent to the States for rural areas under 50,000 in 
population. The formula is based on the ratio that the number of 
seniors and individuals with disabilities in an area (such as a large 
UZA) bears to the number of seniors and individuals with disabilities 
in all such areas. Consistent with the previous guidance, Section 5310 
funds are available for obligation in the year of apportionment plus 
two additional years.
    Under the previous Section 5310 Program, States could transfer 
funds to an apportionment under Section 5311(c) or 5307. This transfer 
provision is no longer part of the law. However, funds apportioned to 
small urbanized areas or rural areas may be transferred to projects in 
large urbanized areas if the Governor certifies that objectives of the 
Section 5310 program are being met in the small urbanized or rural 
areas that received the initial apportionment. Alternatively, a State 
may transfer funds apportioned to small urbanized areas or rural areas 
for a project anywhere in the State, in accordance with an established 
statewide program for meeting the objectives of the Section 5310 
program. A recipient may transfer apportioned funds only after 
consulting with responsible local officials, publicly owned operators 
of public transportation, and nonprofit providers in the area from 
which the funds to be transferred were originally apportioned. Funds 
apportioned to large urbanized areas may not be transferred to other 
areas.
    As stated previously, the new Section 5310 Program requires that 
not less than 55 percent of funds apportioned to a

[[Page 41828]]

State or designated recipient shall be available for Traditional 
Section 5310 Projects--those public transportation capital projects 
planned, designed, and carried out to meet the specific needs of 
seniors and individuals with disabilities when public transportation is 
insufficient, unavailable or inappropriate, and carried out by eligible 
surbrecipients. Notably, this 55 percent is a floor, not a ceiling--
recipients may use more than 55 percent of their apportionment for this 
type of project.
    In addition to the above required capital projects, up to 45 
percent of the apportionments may be utilized for additional public 
transportation projects: Projects that exceed the ADA minimum 
requirements; projects that improve access to fixed route service and 
decrease reliance by individuals with disabilities on ADA complementary 
paratransit service; and projects that provide alternatives to public 
transportation that assist seniors and individuals with disabilities 
with transportation. Such projects must be targeted toward meeting the 
transportation needs of individuals with disabilities, although they 
may also be used by the general public.
    In order to be clear about which projects are Traditional Section 
5310 Projects and meet the 55 percent minimum threshold, FTA proposes 
dividing the eligible activities into two sections: Eligible capital 
expenses that meet the 55 percent requirement; and other eligible 
capital and operating expenses. The list of proposed eligible 
activities for the Traditional Section 5310 Projects is virtually 
identical to the list of eligible activities in FTA Circular 9070.1F 
(Section 5310), with some streamlining. In addition, based on 
historical uses of the funds, FTA is proposing to include the 
eligibility of rolling stock for and acquisition of ADA complementary 
paratransit services as Traditional Section 5310 Projects when carried 
out by eligible subrecipients that can count toward the minimum 55 
percent required, so long as the projects are planned, designed, and 
carried out to meet the specific needs of seniors and individuals with 
disabilities when public transportation is insufficient, unavailable or 
inappropriate, and the projects are included in the area's coordinated 
plan. The list of proposed eligible activities in the other eligible 
capital and operating expenses is virtually identical to the list of 
eligible activities in FTA Circular 9045.1 (New Freedom). The list of 
eligible activities is illustrative and not exhaustive.
    Under SAFETEA-LU, a higher Federal share for Section 5310 eligible 
capital projects was available to 14 States with a high proportion of 
Federal lands, as described in 23 U.S.C. 120(b) (also known as the 
``sliding scale''). MAP-21 struck this provision. Therefore, the 
Federal share for all States for Section 5310 funds is 80 percent for 
capital projects and 50 percent for operating projects. The proposed 
circular reflects this change in the law. However, when funds are 
transferred to Section 5310 from FHWA programs, the higher Federal 
share by the sliding scale is permissible, but they are limited in use 
to eligible capital projects.
    FTA seeks comment on the content and format of Chapter III.

D. Chapter IV--Program Development

    FTA proposes only minor changes to Chapter IV, generally to address 
the change from a State-managed program to a program managed by 
designated recipients as well as States. However, FTA did make changes 
to the categories of approval and the revisions to the program of 
projects sections. First, FTA proposes to eliminate Category C, which 
was typically used for program reserve. Given that Section 5310 funds 
are available for obligation for a total of three years, if the State 
or designated recipient does not have a project identified that fits in 
either Category A or B, FTA recommends the funds remain unobligated 
until future needs arise. Second, FTA proposed an update to the 
revisions to the program of projects sections to provide flexibility to 
States or designated recipients to make minor revisions without having 
to necessarily obtain FTA's prior approval.
    FTA seeks comment on the content of Chapter IV.

E. Chapter V--Coordinated Planning

    This chapter describes the required coordinated planning process. 
FTA proposes only minor changes to this chapter, including the change 
to the definition of a coordinated plan, which now requires that 
selected projects be included in, and not merely derived from, the 
coordinated plan, and that seniors and individuals with disabilities be 
involved in the development and approval of the coordinated plan. Even 
with the change in language to ``included in'', FTA proposes to 
maintain flexibility in how projects appear in the coordinated plan. 
For example, for purposes of the coordinated plan, a project is a 
strategy, activity or specific action addressing an identified service 
gap or transportation coordination objective articulated and 
prioritized within the plan. FTA seeks comment on maintaining this 
approach to coordinated planning and the content of Chapter V.

F. Chapter VI--Program Management and Administrative Requirements

    FTA proposes only minor changes to Chapter VI, generally to address 
the change from a State-managed program to a program managed by 
designated recipients as well as States. This section is also updated 
to reflect MAP-21 updates. FTA expects to further amend section 23, 
Reporting Requirements, subsection d., Program Measures, in response to 
comments sought on performance measures. Please see the section on 
Performance Measures, above. FTA seeks comment on the content of 
Chapter VI.

G. Chapter VII--State and Program Management Plans

    FTA proposes only minor changes to Chapter VII, generally to 
address the change from a State-managed program to a program managed by 
designated recipients as well as States. This includes the requirement 
that designated recipients that are not States must have a Program 
Management Plan for the Section 5310 Program. This is the same 
requirement designated recipients had for the New Freedom Program, so 
FTA proposes continuing the requirement. In the case of designated 
recipients that are not States, FTA will review the Program Management 
Plan during triennial reviews.
    FTA seeks comment on the content of this chapter.

H. Chapter VIII--Other Provisions

    This chapter describes cross-cutting FTA and Federal requirements 
that apply to the Section 5310 Program. FTA includes minor language 
changes to this chapter that reflect the change in Section 5310 from a 
State-managed program to a program managed by designated recipients as 
well as States, and to update for MAP-21 changes. FTA proposes removing 
the section on public hearing requirements, as the authority for that 
section was formerly in 49 U.S.C. 5323(b) as amended by SAFETEA-LU, and 
repealed by MAP-21. We propose removing the section on pre-award and 
post-delivery reviews, since this information is already covered in the 
procurement section of Chapter VI. We propose streamlining the section 
on drug and alcohol testing section. We have updated the section on 
civil rights to reflect updated guidance implemented since the last 
publication of this circular. We have similarly updated the safety and 
security section to reflect changes in the law.

[[Page 41829]]

    FTA seeks comment on the content of this chapter.

I. Appendices

    FTA made only a few changes to the appendices, generally to reflect 
changes in the law. For example, at least 55 percent of the annual 
apportionment must be identified for Traditional 5310 Projects, and the 
applicant must clearly identify the capital projects satisfying the 55 
percent minimum requirement. The extended budget descriptions should 
confirm which activities are supporting this requirement. For public 
transportation projects that exceed the requirements of the ADA, 
projects that reduce barriers to people with disabilities, or for 
alternatives to public transportation that assist seniors and 
individuals with disabilities, the applicant should use scope 647-00.
    Appendix B provides a Sample Section 5310 Program of Projects, and 
demonstrates how the applicant will have a line item for traditional 
Section 5310 capital projects at the 55 percent minimum level and a 
line item for operating expenses and other capital expenses at the 45 
percent maximum level.
    FTA seeks comment on the appendices.

    Issued in Washington, DC, this 3rd day of July, 2013.
Peter Rogoff,
Administrator.
[FR Doc. 2013-16624 Filed 7-10-13; 8:45 am]
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