Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50273 

characteristics of the installation 

indicated that it was not fully anchored 

and that it needed to be limited to a 

much lower maximum safe working 

pressure. Operator personnel must be 

specifically trained and qualified for the 

installation of weldable compression 

couplings including ensuring that the 

extent to which the pipeline is not fully 

anchored is taken into account when 

determining the maximum safe working 

pressure. 

To ensure safety, pipeline operators 

using weldable compression couplings 

must ensure personnel are trained and 

qualified to perform the installation. 

Also, operators must ensure their 

procedures accurately incorporate 

manufacturers’ procedures and 

limitations on the use of weldable 

compression couplings and ensure that 

the procedures are available, understood 

and followed by personnel. PHMSA 

believes that the risk of compromising 

safety posed by unauthorized 

modifications to weldable compression 

couplings is unacceptable. PHMSA 

strongly recommends that any field 

changes in the installation process (i.e., 

modifications allowed by a component 

manufacturer) that could affect 

component performance and safety be 

subject to a documented authorization 

process, communicated to appropriate 

personnel, and be reflected by allowable 

working pressures. Allowable working 

pressures vary greatly between anchored 

and un-anchored installations. In order 

to use the pressure rating for an 

anchored installation, the operator must 

verify the pipeline is anchored in all 

directions in accordance with company 

and manufacturer procedures prior to 

pipeline start-up. To ensure safety for 

personnel, property and the 

environment, pipeline start-up 

procedures must be available and 

followed. Finally, any failure to identify 

and restrict access to hazard zones 

during pressurization of exposed 

pipeline sections could compromise 

safety. 

II. Advisory Bulletin ADB–09–02 

To: Owners and Operators of 

Hazardous Liquid and Natural Gas 

Pipelines. 

Subject: Weldable Compression 

Couplings. 

Advisory: The Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA) advises 

operators of hazardous liquid and 

natural gas pipelines installing or 

planning to install weldable 

compression couplings and similar 

repair devices to follow manufacturer 

procedures to ensure correct 

installation. In addition, PHMSA also 

advises these operators to follow the 

appropriate safety and start-up 

procedures to ensure the safety of 

personnel and property and protect the 

environment. The failure to install a 

weldable compression coupling 

correctly, or the failure to implement 

and follow appropriate safety and startup procedures, could result in a 

catastrophic pipeline failure. PHMSA 

strongly urges operators to review, and 

incorporate where appropriate into 

operators’ written procedures, the 

manufacturer’s installation procedures 

and any other necessary safety measures 

for safe and reliable operation of 

pipeline systems. 

Issued in Washington, DC September 23, 

2009. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. E9–23527 Filed 9–29–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Docket No. FTA–2009–0010] 

Urbanized Area Formula Program: 

Proposed Circular 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Availability of 

Proposed Circular. 

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 

Urbanized Area Formula Program 

(Section 5307). The Urbanized Area 

Formula Program provides grants for 

capital, planning, and some operating 

projects in urbanized areas. By this 

notice, FTA invites public comment on 

the proposed circular 9030.1D, 

Urbanized Area Formula Program: 

Program Guidance and Application 

Instructions for the program. 

DATES: Comments must be submitted by 

November 30, 2009. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments 

identified by the docket number [FTA– 

2009–0010] by any of the following 

methods: 

1. Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the online 

instructions for submitting comments 

on the U.S. Government electronic 

docket site. 

2. Fax: 202–493–2251. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey Ave., 

SE., Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

4. Hand Delivery: 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 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and Docket number 

(FTA–2009–0010) for this notice at the 

beginning of your comments. You 

should submit two copies of your 

comments if you submit them by mail. 

If you wish to receive confirmation that 

FTA received your comments, you must 

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 in the Federal Register 

published 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 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Henrika Buchanan-Smith, Office of 

Program Management, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., East Building, Fourth Floor, 

Washington, DC 20590, phone: (202) 

366–5080, fax: (202) 366–7951, or email, Henrika.BuchananSmith@dot.gov; or Richard Wong, Office 

of Chief Counsel, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., East Building, Fifth Floor, 

Washington, DC 20590, phone: (202) 

366–0675, fax: (202) 366–3809, or email, Richard.Wong@dot.gov. 

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 


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50274 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 

F. Chapter VI—Program Management and 

Administrative Requirements 

G. Chapter VII—Other Provisions 

H. Appendices 

I. Overview 

This notice provides a summary of 

proposed changes to FTA Circular 

9030.1C, Urbanized Area Formula 

Program: Grant Application 

Instructions. The Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU), 

Public Law 109–59, signed into law on 

August 10, required changes to the 

Urbanized Area Formula Program 

(Section 5307 program). FTA is 

updating the existing circular, 

developed in 1998, to reflect changes in 

the law. The final circular, when 

adopted, will supersede the existing 

circular. 

This document does not include the 

proposed circular; an electronic version 

is available on FTA’s Web site, at http:// 

www.fta.dot.gov. Paper copies of the 

circular may be obtained by contacting 

FTA’s Administrative Services Help 

Desk, at (202) 366–4865. 

Readers familiar with the existing 

FTA Circular 9030.1C will notice that 

FTA is proposing a complete 

reorganization to make this circular 

consistent with the style of other 

circulars FTA is updating. Substantive 

changes in content are discussed in the 

chapter-by-chapter analysis. 

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 the Urbanized 

Area Formula program (a.k.a. ‘‘Section 

5307 program’’), provides information 

about Grants.gov, includes definitions 

applicable to the program and provides 

a brief program history. The definitions 

section is new to this circular, and 

includes definitions related to the 

Section 5307 program. Where 

applicable, we have used the same 

definitions found in rulemakings or 

other circulars to ensure consistency. 

In the existing circular, Chapter I 

includes a number of topics that have 

been relocated in the proposed circular. 

We have renamed the existing section, 

‘‘Other Funds Available for Transit 

Projects,’’ as ‘‘Relationship to Other 

Programs’’ for consistency with other 

circulars, and moved the section to 

Chapter II. We propose moving the 

information regarding ‘‘flexible funds’’ 

to the ‘‘Relationship to Other Programs’’ 

section in proposed Chapter II, and 

propose moving information on 

apportionments and local and federal 

share to Chapter III. In addition, we 

have removed or streamlined some 

information in the existing Chapter I. 

For example, we propose removing the 

section on ‘‘Codification of Federal 

Transit Laws’’ as it is no longer 

pertinent, and we have incorporated the 

information in the section, ‘‘Grant 

Application Process’’ into other sections 

of the proposed circular. 

B. Chapter II—Program Overview 

Chapter II of the existing circular, 

‘‘Applicant Eligibility’’ is limited to a 

discussion about designated recipients. 

This information has been updated and 

is included in the proposed Chapter II, 

in addition to more detail about the 

Urbanized Area Formula program. 

Chapter II of the proposed circular starts 

with the statutory authority for the 

Urbanized Area Formula program, 

followed by the goals of the program, 

recipient designation, the roles of the 

designated recipient and FTA, a 

discussion about transportation 

management areas, FTA oversight, and 

the relationship of the Urbanized Area 

Formula Program to other FTA 

programs. The information found in this 

proposed chapter is consistent with 

other circulars FTA has recently 

updated. 

C. Chapter III—General Program 

Information 

Chapter III of the existing circular, 

‘‘Eligible Grant Activities,’’ addresses 

eligible capital, operating and planning 

activities, as well as pre-award 

authority, letters of no prejudice, and 

advance capital project authority. 

Eligible projects continue to be in 

Chapter III and the lists have been 

updated consistent with changes made 

by SAFETEA–LU. Advance capital 

project authority also remains in 

Chapter III. Transportation development 

credits (formerly referred to as toll 

revenue credits) has been added to the 

proposed Chapter III to provide a 

calculation method that is consistent 

with the method used by FHWA. We 

propose moving preventive 

maintenance into Appendix E due to the 

length and complexity of the topic. We 

propose moving pre-award authority, 

and letters of no prejudice to Chapter 

IV. Additional information addressed in 

the proposed Chapter III includes 

apportionments, funds availability, and 

local and federal share. All of these 

sections have been updated to be 

consistent with the law and with the 

format of other recently revised FTA 

circulars. 

D. Chapter IV—Program Development 

The existing Chapter IV, 

‘‘Apportionments’’ addresses how funds 

are apportioned under the urbanized 

area formula, as well as transfers of 

apportionments. These sections have 

been moved to the proposed Chapter III. 

The proposed Chapter IV, ‘‘Program 

Development,’’ addresses the role of the 

designated recipient and the 

metropolitan planning organization 

(MPO), applicants other than designated 

recipients, pass-through arrangements 

(formerly found in Chapter II); subarea 

allocation and transfer of funds for 

highway projects (formerly found in 

Chapter IV), planning requirements 

(formerly in Appendix A); program of 

projects and public participation 

requirements, and certifications and 

assurances (formerly found in Chapter 

V), and undertaking projects in advance, 

a catch-all section for pre-award 

authority, and letters of no prejudice 

(formerly found in Chapter III). 

FTA has revised each of these 

sections to reflect changes in statutes, 

regulations, and/or FTA policy. We also 

propose streamlining some sections, 

such as planning, while expanding 

others, such as certifications and 

assurances, to provide more detailed 

information. 

E. Chapter V—Coordinated Planning 

The proposed Chapter V addresses the 

coordinated planning process required 

for the Section 5310, Elderly Individuals 

and Individuals with Disabilities 

formula program; the Section 5316, Job 

Access and Reverse Commute (JARC) 

program; and the Section 5317, New 

Freedom program. Often the designated 

recipient for the Urbanized Area 

Formula program will also be the 

designated recipient for one or more of 

these human services transportation 

programs. The proposed Chapter V 

contains substantially the same 

information as that found in FTA 

Circular 9040.1F, Nonurbanized Area 

Formula Program Guidance and Grant 

Application Instructions. 

The information found in the existing 

Chapter V, ‘‘Requirements Associated 

with Urbanized Area Formula Program 

Grants’’ has all been relocated to other 

chapters or eliminated. The section, 

‘‘National Transit Database Reporting 

System’’ has been updated and moved 

to the proposed Chapter VI. We have 

provided a link to the FTA Web site as 

well as to the Transportation Electronic 

Award Management (TEAM) system, 

where applicants can find the 

instructions. We propose moving the 

‘‘Certification Procedures’’ to the 

proposed Chapter IV. The section on 


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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50275 

‘‘FTA Oversight’’ has been updated and 

moved to the proposed Chapter II. The 

‘‘Certifications Particular to the 

Urbanized Area Formula Program’’ 

section has been renamed, 

‘‘Certifications Required by 49 U.S.C. 

5307’’ and moved to Chapter IV. We 

propose moving the updated 

information on program of projects and 

public participation requirements to 

Chapter IV. 

Finally, we propose eliminating the 

‘‘Alphabetical List of Other 

Requirements.’’ The substance of that 

section has been moved to other 

chapters. Updated information related 

to ‘‘Associated Capital Maintenance 

Items,’’ ‘‘New Technology Introduction’’ 

and ‘‘Lease vs. Buy Considerations’’ can 

be found in Chapter III, under ‘‘Capital 

Projects;’’ updated information on 

‘‘Buses,’’ ‘‘Bus Facilities’’ and ‘‘Fixed 

Guideway Rolling Stock,’’ is in 

proposed Chapter VI. We have 

consolidated the information on buses 

and rolling stock and renamed the 

section, ‘‘Requirements Related to 

Rolling Stock and Equipment.’’ We 

propose removing the section on ‘‘New 

Starts;’’ information on how the New 

Starts program relates to the Urbanized 

Area Formula program is in Chapter II. 

Updated information on the rest of the 

content of existing Chapter V is in 

proposed Chapter VII. 

F. Chapter VI—Program Management 

and Administrative Requirements 

The content of existing Chapter VI, 

‘‘Application Instructions,’’ has been 

updated, streamlined, and moved to 

Appendix A. The proposed Chapter VI 

contains information on the TEAM 

system, Electronic Clearing House 

Operation (ECHO system, and, as 

previously discussed, information on 

the National Transit Database, 

requirements related to vehicles and 

equipment, and requirements related to 

facilities. The information in this 

chapter is consistent with that found in 

other recently updated FTA circulars. 

G. Chapter VII—Other Provisions 

Chapter VII of the existing circular 

contains instructions for preparing a 

project budget. This information has 

been updated and moved to Appendix 

B, consistent with other recently revised 

FTA circulars. The proposed Chapter 

VII is similar to the ‘‘Other Provisions’’ 

chapters in other FTA circulars, and 

summarizes a number of FTA-specific 

and other Federal requirements that 

FTA grantees are held to in addition to 

the program-specific requirements and 

guidance provided in the circular. As 

previously stated, some of the 

information has been relocated from the 

existing Chapter V’s ‘‘Alphabetical 

Listing of Other Requirements.’’ Other 

sections, including charter bus, 

commercial driver’s license, and the 

presidential coin act are new to this 

circular. Recipients should use this 

chapter, in conjunction with FTA’s 

‘‘Master Agreement’’ and the current 

fiscal year ‘‘Certifications and 

Assurances,’’ to assure that they have 

met all requirements. Recipients may 

contact FTA Regional Counsel for more 

detail about these requirements. 

G. Appendices 

The proposed appendices are 

intended as tools for developing a grant 

application. Appendix A specifically 

addresses steps and instructions for 

preparing a grant application, including 

pre-application and application stages. 

This information is comparable to 

Chapter VI, ‘‘Application Instructions,’’ 

in the existing circular, although it has 

been updated and reorganized. 

Appendix A also includes an 

application checklist. Proposed 

Appendix B provides budget 

information, including a sample budget, 

and compares with the information 

found in Chapter VII, ‘‘Instructions for 

Preparing a Project Budget,’’ in the 

existing circular. Proposed Appendix C 

compares with existing Appendix D, 

‘‘Operating Assistance Projects,’’ in the 

existing circular. Proposed Appendix D, 

which compares with existing 

Appendix F, ‘‘Forms and Representative 

Documents,’’ in the existing circular 

(except the documents we propose 

removing, as described below), contains 

samples of an Authorizing Resolution, 

Opinion of Counsel, Fleet Status, 

Proceeds from the Sale of Public 

Transportation Assets, Like-Kind 

Exchange Example and Sample 

Supplemental Agreement. Proposed 

Appendix E contains a description of 

the preventive maintenance program, 

and is new to this circular. Proposed 

Appendix F contains updated contact 

information for all of FTA’s regional and 

metropolitan offices; this information is 

in Chapter VIII of the existing circular. 

We propose removing most of the 

contents of Appendix A of the existing 

circular, ‘‘Transportation Planning 

Process,’’ and instead including a 

paragraph referencing the planning 

regulations in Chapter IV of the 

proposed circular. We propose 

removing most of the content of existing 

Appendix B, ‘‘Apportionment 

Formula,’’ and relocating the basic 

formula in Chapter III of the proposed 

circular. We propose removing the 

content of existing Appendix C, ‘‘New 

Start Development Process,’’ and direct 

readers to the most recent revision of 

FTA Circular 9300, ‘‘Capital Investment 

Program Guidance and Application 

Instructions,’’ for information on New 

Starts. 

We have relocated the existing 

Appendix D, ‘‘Operating Assistance 

Projects’’ to proposed Appendix C. The 

information has been updated, and we 

propose moving the sections relating to 

eligible projects and federal/local share 

to Chapter III. We propose removing the 

existing Appendix E, ‘‘Procedures 

Related to Flexible Funding’’ and we 

have relocated the substance to Chapter 

II and Appendix A. The existing 

Appendix F, ‘‘Forms and Representative 

Documents’’ compares to the proposed 

Appendix D. We have removed some of 

the sample forms, namely the 

Application, Lobbying Disclosure Form, 

Project Milestone Schedule and 

Subregional Allocation. The application 

is submitted and reviewed entirely 

online in TEAM and all the forms can 

be viewed online. The lobbying form is 

also available online. We propose 

removing the existing Appendix G, 

which contains information on 

certifications and assurances, much of 

which has been moved to proposed 

Chapter IV. We propose removing the 

Sample Certifications and Assurances, 

as this is something that is updated 

every year and available on FTA’s Web 

site. We propose moving the 

information in Appendix H, ‘‘Interest as 

an Eligible Capital Cost’’ to the 

proposed Chapter III with other eligible 

projects. 

FTA seeks public comment on the 

changes within proposed FTA Circular 

9030.1D. 

Issued in Washington, DC, this 25th day of 

September 2009. 

Peter Rogoff, 

FTA Administrator. 

[FR Doc. E9–23584 Filed 9–29–09; 8:45 am] 

BILLING CODE 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of extension of deadline 

for individuals to apply to be appointed 

to the membership of the Victims 

Advisory Group. 

SUMMARY: The United States Sentencing 

Commission is issuing this notice to 

advise the public that the application 

period for membership in the Victims 

Advisory Group has been extended to 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES