[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79334-79336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22162]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Enhanced Mobility of Seniors and Individuals With Disabilities: 
Grant Program Guidance, Final Circular

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

ACTION: Notice of availability of final circular and response to 
comments.

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SUMMARY: The Federal Transit Administration (FTA) is issuing an updated 
Enhanced Mobility for Seniors and Individuals with Disabilities Program 
Guidance (Section 5310) Circular (C. 9070.1H). The updated circular 
incorporates changes in the law since the previous circular update and 
does not include any changes in policy.

DATES: The applicable date of this circular is November 1, 2024.

FOR FURTHER INFORMATION CONTACT: For circular questions, Destiny 
Buchanan, Section 5310 Program Manager, Office of Transit Programs, 
Federal Transit Administration, 1200 New Jersey Ave. SE, Washington, DC 
20590 phone, (202) 493-8018 or email, <a href="/cdn-cgi/l/email-protection#d6b2b3a5a2bfb8aff8b4a3b5beb7b8b7b896b2b9a2f8b1b9a0"><span class="__cf_email__" data-cfemail="a1c5c4d2d5c8cfd88fc3d4c2c9c0cfc0cfe1c5ced58fc6ced7">[email protected]</span></a>. For 
legal questions, Bonnie Graves, Office of Chief Counsel, phone, (202) 
366-0944, or email, <a href="/cdn-cgi/l/email-protection#da98b5b4b4b3bff49da8bbacbfa99abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="37755859595e52197045564152447753584319505841">[email protected]</span></a>.

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--Eligible Projects and Requirements

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    E. Chapter V--Planning and Program Development
    F. Chapter VI--Program Management and Administrative 
Requirements
    G. Chapter VII--State and Program Management Plans
    H. Appendices

I. Overview

    FTA is updating its Circular C 9070, last revised in 2014, to 
incorporate changes in the law since the previous revision and reformat 
for consistency with other FTA program and award management circulars. 
This circular provides guidance to recipients of funds under the 
Enhanced Mobility for Seniors and Individuals with Disabilities 
Program, often referred to as the Section 5310 program. This notice 
provides a summary of changes to Circular 9070, and this update (C 
9070.1H) will supersede the previous version (C 9070.1G).
    Since 2014, Congress has made only one substantive statutory change 
to 49 U.S.C. 5310. The Fixing America's Surface Transportation Act 
(FAST Act) (Pub. L. 114-94) made States and local governmental entities 
that operate public transportation service eligible direct recipients. 
FTA communicated this change at the time of implementation in 2015, and 
the updated circular now incorporates this change. FTA has incorporated 
other cross-cutting changes to 49 U.S.C. Chapter 53 made by the FAST 
Act and the Infrastructure Investment and Jobs Act (Pub. L. 117-58) 
into this circular for reference, for example, disposition of assets in 
49 U.S.C. 5334(h) is addressed in Chapter VI. In addition to statutory 
changes, the Office of Management and Budget (OMB) issued Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards (Uniform Guidance) in December, 2013 (78 FR 78590), 
which superseded the DOT's Common Grant Rule, codified at the now-
rescinded 49 CFR parts 18 and 19. Due to the timing of the previous 
circular update and the publication of the Uniform Guidance, the prior 
version (C 9070.1G) continued to reference 49 CFR parts 18 and 19. FTA 
has updated these references, including definitions, in C 9070.1H.
    In addition, FTA has made changes to the content and format of the 
circular for consistency with changes in other program circulars. For 
example, FTA has removed Chapter VIII, ``Other Provisions'' and 
included the content of that Chapter in the proposed Award Management 
Requirements Circular (C 5010.1F).
    Section 5334(k) of title 49, U.S.C., requires FTA to follow 
applicable rulemaking procedures before issuing a statement that 
imposes a ``binding obligation'' on FTA recipients. The term ``binding 
obligation'' means a substantive policy statement, rule, or guidance 
document issued by FTA that grants rights, imposes obligations, 
produces significant effects on private interests, or effects a 
significant change in existing policy. The updated circular is largely 
a restatement and reorganization of the prior version and does not 
impose any new binding obligations on recipients. Therefore, FTA is 
issuing this circular update without notice and comment.

II. Chapter-by-Chapter Analysis

A. Chapter I--Introduction and Background

    Chapter I of C 9070.1H is substantially similar to Chapter I of C 
9070.1G. The Chapter includes information about FTA, the most recent 
authorizing legislation, and definitions. FTA has updated pertinent 
definitions to be consistent with the Uniform Guidance, Chapter 53 of 
title 49, and other circulars.

B. Chapter II--Program Overview

    Chapter II of C 9070.1H is similar to Chapter II of C 9070.1G. As 
with C 9070.1G, the updated circular contains information on statutory 
authority, program goals and measures, designated recipient and FTA 
role in program administration, and relationship to other programs. 
Information related to recipient designation was moved from Chapter III 
to Chapter II. The goals and measures for the Section 5310 program have 
not changed. FTA has updated the relationship to other programs section 
to reflect changes in the law, including the removal of the repealed 
Job Access/Reverse Commute and New Freedom programs.

C. Chapter III--General Program Information

    As with Chapter III of C 9070.1G, Chapter III of C 9070.1H contains 
the following information: apportionment of funds, funds availability, 
transfer of apportionments, consolidation of grants to insular areas, 
eligible direct recipients and subrecipients, private taxi operators as 
subrecipients, recipient administrative expenses, and local share of 
project costs. The content has been reordered but remains substantially 
similar to the content in C 9070.1G. As stated in the summary of 
Chapter II, FTA has moved information related to designated recipients 
to Chapter II. In addition, FTA has moved information related to 
eligible activities to Chapter IV.
    FTA has clarified in the updated circular that local match is 
waived for insular areas. FTA has updated the section pertaining to 
eligible direct recipients to be consistent with the change to 49 
U.S.C. 5310. Further, FTA has included Transportation Network Companies 
(TNCs) in the section related to private taxi operators and their 
eligibility as subrecipients and contractors. FTA has historically 
treated TNCs the same as taxis, given they both provide on-demand, 
exclusive ride service, primarily in automobiles. As with taxi 
operators, depending on the nature of the service--exclusive or shared 
ride--TNCs may be contractors or subrecipients.

D. Chapter IV--Eligible Projects and Requirements

    Chapter IV in Circular 9070.1G was titled ``Program Development.'' 
FTA has moved much of the information found in Chapter IV of C 9070.1G 
to Chapter V of C 9070.1H or to the proposed C 5010.1F (see, 89 FR 
11334). For example, FTA removed language on certifications and 
assurances and pre-award authority and included that information in 
Chapter III of the proposed C 5010.1F. The renamed Chapter IV now 
includes only information related to eligible projects, including 
capital reserve accounts. Eligible activities remain the same as in C 
9070.1G.

E. Chapter V--Planning and Program Development

    The updated circular consolidates Chapters IV and V of C 9070.1G 
into one renamed chapter. The new Chapter V includes information 
related to coordination and planning requirements, development of the 
program of projects, development of the public transit-human services 
coordinated transportation plan, relationship of the coordinated plan 
to other planning processes, and labor protections. FTA has updated the 
sections on coordinated planning to reflect repeal of the JARC and New 
Freedom programs, and to reflect that the requirement to develop a 
coordinated plan remains the same but is no longer new. While FTA has 
made clarifying edits to the text, the language remains substantially 
similar to that found in C 9070.1G.

F. Chapter VI--Program Management and Administrative Requirements

    Chapter VI in the new C 9070.1H contains much of the same 
information as that found in Chapter VI of C

[[Page 79336]]

9070.1G. Included in the new chapter are the following topics: program 
administrative requirements and other provisions, equipment management, 
vehicle use, leasing and title to vehicles, satisfactory continuing 
control requirements, reporting requirements, management plan, and drug 
and alcohol testing requirements. FTA has updated the section on 
equipment management to reflect a change in 49 U.S.C. 5334(h). As 
stated above, FTA has moved information related to capital reserve 
accounts to Chapter IV. Information related to Federal Funding 
Accountability and Transparency Act (FFATA) (Pub. L. 109-282) 
requirements is located in the program of projects information in 
Chapter V. Other sections in Chapter VI of C 9070.1G have been removed 
and can be found in the updated C 5010.1F. Those sections include 
procurement, debarment and suspension, financial management, FTA's 
electronic grant management system, system for award management (SAM) 
requirements, Electronic Clearing House Operation (ECHO) requirements, 
allowable costs, closeout, audit, real property, and construction 
management and oversight.

G. Chapter VII--State and Program Management Plans

    Chapter VII of the updated circular is substantially similar to 
Chapter VII of C 9070.1G, with minor clarifying edits. As stated above, 
FTA has removed Chapter VIII, Other Provisions from the updated 
circular and pertinent information can now be found in the updated C 
5010.1F. Drug and alcohol requirements, formerly in Chapter VIII, have 
been moved to Chapter VI of this circular.

H. Appendices

    FTA has removed many of the appendices found in C 9070.1G, as the 
information is available in other circulars and resources and can be 
easily referenced. However, FTA has retained Appendix B, Sample Section 
5310 Program of Projects, which is renamed as Appendix A. FTA has also 
retained Appendix D, Relationship Between Coordinated Planning and 
Metropolitan and Statewide Planning (Table), but is renamed as Appendix 
B.

Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024-22162 Filed 9-26-24; 8:45 am]
BILLING CODE 4910-57-P


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