[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Notices]
[Pages 7789-7803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-593]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FTA Supplemental Fiscal Year 2008 Apportionments and Allocations 
and Program Information (Bus and Bus Facilities Program and Alternative 
Analysis Program Earmarks Designated in the Committee Reports 
Accompanying the Consolidated Appropriations Act, 2008, Extended and 
Reprogrammed Earmarks and Corrections to Appendix A)

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: Division K of the ``Consolidated Appropriations Act, 2008'' 
(Pub. L. 110-161), signed into law by President Bush on December 26, 
2007, made funds available for all of the surface transportation 
programs of the Department of Transportation (DOT) for the Fiscal Year 
(FY) ending September 30, 2008. This notice provides information on the 
FY 2008 earmarks in the Bus and Bus Facilities program and the 
Alternatives Analysis program that were in the committee reports that 
accompanied the Consolidated Appropriations Act, 2008 and corrects 
Appendix A of the January 28, 2008, Federal Register notice. The notice 
also publishes prior year Bus and Bus Facilities and New Starts 
earmarks that were extended or reprogrammed in the committee reports.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice contact Henrika Buchanan-Smith, Office

[[Page 7790]]

of Transit Programs, at (202) 366-2053. Please contact the appropriate 
FTA regional office for any specific requests for information or 
technical assistance. Appendix A at the end of this notice includes 
contact information for FTA regional offices.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview
II. FTA Programs
    A. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-
Related Facilities
    B. Capital Investment Program (49 U.S.C. 5309)--New Starts
    C. Alternatives Analysis Program (49 U.S.C. 5339)
Tables
    11A. FTA FY 2008 Section 5309 Bus and Bus-related Allocations
    12A. FTA Prior Year Unobligated Section 5309 Bus and Bus-related 
Facilities Allocations
    14. Revised FTA Prior Year Unobligated Section 5309 New Starts 
Allocations
    22. FTA FY 2008 Section 5339 Alternative Analysis Allocations
Appendix A

I. Overview

    This document allocates the FY 2008 funds designated for specific 
projects under the committee reports accompanying Division K of the 
Consolidated Appropriations Act, 2008 (Pub. L. 110-161, December 26, 
2007), for the Bus and Bus Facilities program and the Alternatives 
Analysis Program. It also includes extended or redirected project funds 
identified in those reports, but it does not include extended or 
redirected project funds from the most recent congressional 
clarification letter dated December 19, 2007. FTA will issue directions 
regarding those projects not included at a later date.

II. FTA Programs

    This section of the notice covers FY 2008 funding that was 
allocated to projects under the Bus and Bus Facilities program and the 
Alternatives Analysis Program in the committee reports accompanying the 
Consolidated Appropriations Act. It also includes New Starts and Bus 
and Bus Facilities projects that were extended or reprogrammed in the 
committee reports.

A. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-Related 
Facilities

    This program provides capital assistance for new and replacement 
buses and related facilities. Funds are allocated on a discretionary 
basis. Eligible purposes are acquisition of buses for fleet and service 
expansion, bus maintenance and administrative facilities, transfer 
facilities, bus malls, transportation centers, intermodal terminals, 
park-and-ride stations, acquisition of replacement vehicles, bus 
rebuilds, bus preventive maintenance, passenger amenities such as 
passenger shelters and bus stop signs, accessory and miscellaneous 
equipment such as mobile radio units, supervisory vehicles, fare boxes, 
computers, and shop and garage equipment. Eligible applicants are State 
and local governmental authorities. Eligible subrecipients include 
other public agencies, private companies engaged in public 
transportation and private non-profit organizations.
    The information in this section supplements the information that 
was included in the FTA Apportionment notice published in the Federal 
Register on January 28, 2008.
    For more information about Bus and Bus-Related Facilities contact 
Maria Wright, Office of Transit Programs, at (202) 366-2053.
1. FY 2008 Funding Availability
    The Consolidated Appropriations Act, 2008, provides $823,052,962 
for the bus and bus facilities program. The amount of funding for 
projects designated in Section 3044 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU) 
for Bus and Bus-Related Facilities in FY 2008 is $497,670,593. The 
amount of funding for projects designated in the Consolidated 
Appropriations Act, 2008, is $220,599,862. The balance remains 
unallocated, as shown in the following table. The Consolidated 
Appropriations Act, 2008, included the proviso, ``that funds available 
to carry out the bus program under section 5309 of title 49, United 
States Code, which are otherwise allocated under this act or under 
SAFETEA-LU, not more than 10 percent may be expended in furtherance of 
the Department of Transportation's Congestion Initiative or any other 
new highway congestion initiative.''

                      Bus and Bus Facility Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation...................................      $927,750,000
Ob lim. Reduction/Rescission..........................      -104,697,038
Oversight Deduction...................................        -8,230,530
Total Available for Allocation........................       814,822,432
SAFETEA-LU Statutory Provisions Projects..............       497,670,593
Consolidated Appropriations Act Designations..........       220,599,862
Unallocated...........................................        96,551,977
------------------------------------------------------------------------

The Consolidated Appropriations Act, 2008, allocations for the Bus and 
Bus-Related Facilities program are listed in Table 11A. The prior 
years' earmarks that were extended or reprogrammed in the committee 
reports are listed in Table 12A.
2. Basis for Allocations
    Funds are provided annually under Section 5309 for discretionary 
allocation for bus and bus facilities projects. There were 313 projects 
designated in the committee reports accompanying the Consolidated 
Appropriations Act, 2008, and 32 that were extended or reprogrammed by 
the Act.
3. Requirements
    FTA honors Congressional earmarks for the purpose designated or for 
purposes eligible under the program. The Consolidated Appropriations 
Act, 2008, did not include the expanded eligibility of a 
``notwithstanding'' provision. However, section 186 of that Act, in 
relevant part, states that funds provided within FTA's accounts shall 
be made available for eligible programs, projects and activities at a 
level of 98 percent of the corresponding amounts identified in the 
explanatory statement accompanying the Act for Alternatives Analysis 
and Bus and Bus Facilities. Therefore, if an applicant wants to use FY 
2008 funds identified under the Bus and Bus-Related Facilities Program 
for eligible project activities outside the scope of the project 
description included in report language, it must submit a request for a 
legislative change to the House and Senate Committees on 
Appropriations.
    Also, grants made under the Bus and Bus-Related Facilities program 
must meet all eligibility requirements as outlined in Section 5309 
unless otherwise specified in law.
4. Period of Availability
    The FY 2008 Bus and Bus-Related Facilities funds not obligated for 
their original purpose as of September 30, 2010, may be made available 
for other projects under 49 U.S.C. 5309. Projects that were 
reprogrammed in the committee reports are available until September 30, 
2010; however, projects that were extended in the committee reports are 
only available until September 30, 2008.

B. Capital Investment Program (49 U.S.C. 5309)--New Starts

    The information in this section supplements the information that 
was included in the FTA Apportionment notice published in the Federal 
Register on January 28, 2008, and includes earmarks extended in report 
language. For more information contact Cheryl Oliver, Office of Program 
Management, at (202) 366-2053.

[[Page 7791]]

1. FY 2008 Funding Availability
    The Consolidated Appropriations Act, 2008, provides $1,569,091,997 
for Capital Investment Grants. The total amount allocated for New 
Starts including Small Starts is $1,534,492,165, as shown in the table 
below.

                               New Starts
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.................................      $1,569,091,997
Oversight Deduction.................................          15,690,920
Total Funds to be Allocated.........................       1,553,401,077
Funds Allocated to Specific Projects in Table 13....   \a\ 1,534,492,165
Unallocated Funds...................................         18,908,912
------------------------------------------------------------------------
\a\ Includes $20 million for the Denali Commission and Alaska and Hawaii
  Ferry projects.

FY 2008 New Start project allocations are listed in Table 13 of the 
Federal Register published on January 28, 2008. The revised carryover 
project allocations are listed in Revised Table 14 of this notice.
2. Basis for Allocation
    Congress included authorizations for specific New Starts projects 
in SAFETEA-LU and included statutory takedowns from the program for 
Alaska and Hawaii Ferryboats and the Denali Commission. The 
Consolidated Appropriations Act, 2008, appropriated funds for specific 
projects and the statutory takedowns. Congress also extended several 
New Starts earmarks in the committee reports that accompanied the 
Consolidated Appropriations Act, 2008. The carryover New Starts funding 
is shown in Revised Table 14.
3. Requirements
    New Starts projects are subject to a series of approvals related to 
planning and project development set forth in 49 CFR Part 611. FTA has 
published a number of rulemakings and interim guidance documents 
related to the New Starts program since the passage of SAFETEA-LU. 
Grantees should reference the FTA Web site at www.fta.dot.gov for the 
most current program guidance about project development and management.
4. Period of Availability
    New Starts funds remain available for three fiscal years (including 
the fiscal year the funds are made available or appropriated plus two 
additional years.) FY 2008 funds remain available through September 30, 
2010. Funds extended by Congress in the report accompanying the 
Consolidated Appropriations Act, 2008, remain available until September 
30, 2008.
5. Other Program or Apportionment Related Information and Highlights
    Prior year unobligated allocations for New Starts in the amount of 
$361,829,170 remain available for obligation in FY 2008. This amount 
includes $164,608,910 in FY 2005 and prior years, $126,973,589 in FY 
2006 and $70,246,671 in FY 2007 unobligated allocations. These 
unobligated amounts are displayed in Revised Table 14.

C. Alternatives Analysis Program (49 U.S.C. 5339)

    The Alternatives Analysis Program provides grants to States, 
authorities of the States, metropolitan planning organizations, and 
local government authorities to develop studies as part of the 
transportation planning process. These studies include an assessment of 
a wide range of public transportation alternatives designed to address 
a transportation problem in a corridor or subarea; the development of 
sufficient information to enable the Secretary to make the findings of 
project justification and local financial commitment required; the 
selection of a locally preferred alternative; and the adoption of the 
locally preferred alternative as part of the state or regional long-
range transportation plan.
    The information in this section supplements the information that 
was included in the FTA Apportionment notice published in the Federal 
Register on January 28, 2008. For more information about this program 
contact Ron Fisher, Office of Planning and Environment, at (202) 366-
4033.
1. FY 2008 Funding Availability
    The Consolidated Appropriations Act, 2008, provides $24,691,100 to 
the Alternatives Analysis Program (49 U.S.C. 5339).

                      Alternatives Analysis Program
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total Appropriation.................................         $25,000,000
Ob lim. Reduction/Rescission........................            -308,900
                                                     -------------------
    Total Available.................................          24,691,100
------------------------------------------------------------------------

    The project allocations are listed in Table 22.
2. Basis for Allocation of Funds
    The Consolidated Appropriations Act, 2008, provided an obligation 
limitation of $24,691,100 derived from reducing the appropriated 
$25,000,000 by two percent. Projects funded using FY 2008 Alternative 
Analysis funding were designated in the committee reports that 
accompanied the Act. Alternative Analysis Program allocations are 
displayed in Table 22.
3. Requirements
    Section 186 of Consolidated Appropriations Act, in relevant part, 
states that funds provided within FTA's accounts shall be made 
available for eligible programs, projects and activities at a level of 
98 percent of the corresponding amounts identified in the explanatory 
statement accompanying the Act for Alternatives Analysis and Bus and 
Bus Facilities. Eligible projects include planning and corridor studies 
and the adoption of locally preferred alternatives within the fiscally 
constrained Metropolitan Transportation Plan for that area. Funds 
awarded under the Alternatives Analysis Program must be shown in the 
UPWP for MPO(s) with responsibility for that area. Pre-award authority 
applies to these funds after Congress appropriates funds for these 
projects. Unless otherwise specified in law, grants made under the 
Alternatives Analysis Program must meet all eligibility requirements as 
outlined in Section 5309. If an applicant wants to use FY 2008 funds 
identified under Alternatives Analysis for eligible project activities 
outside the scope of the project description included in report 
language, it must submit a request for a legislative change to the 
House and Senate Committees on Appropriations.
4. Period of Availability
    Funds designated for specific Alternatives Analysis Program 
projects remain available for obligation for three fiscal years, the 
year of appropriation plus two additional fiscal years. The FY 2008 
funding for projects included in this notice remains available through 
September 30, 2010. Alternatives Analysis funds not obligated in an FTA 
grant for their original purpose at the end of the period of 
availability will generally be made available for other projects.

James S. Simpson
Administrator.

Appendix A

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                           PTA Regional Offices
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------------------------------------------------------------------------
 Richard H. Doyle, Regional              Robert C. Patrick, Regional
 Administrator, Region 1--Boston,         Administrator, Region 6--Ft.
 Kendall Square, 55 Broadway, Suite       Worth, 819 Taylor Street, Room
 920, Cambridge, MA 02142-1093, Tel.      8A36, Ft. Worth, TX 76102,
 617 494-2055.                            Tel. 817 978-0550.
 States served: Connecticut, Maine,      States served: Arkansas,
 Massachusetts, New Hampshire, Rhode      Louisiana, Oklahoma, New
 Island, and Vermont.                     Mexico and Texas.
 Brigid Hynes-Cherin, Regional           Mokhtee Ahmad, Regional
 Administrator, Region 2--New York, One   Administrator, Region 7--
 Bowling Green, Room 429, New York, NY    Kansas City, MO, 901 Locust
 10004-1415, Tel. No. 212 668-2170.       Street, Room 404, Kansas City,
                                          MO 64106, Tel. 816 329-3920.
States served: New Jersey, New York      States served: Iowa, Kansas,
                                          Missouri, and Nebraska.
 Letitia Thompson, Regional              Terry Rosapep, Regional
 Administrator, Region 3--Philadelphia,   Administrator, Region 8--
 1760 Market Street, Suite 500,           Denver, 12300 West Dakota
 Philadelphia, PA 19103-4124, Tel. 215    Ave., Suite 310, Lakewood, CO
 656-7100.                                80228-2583, Tel. 720-963-3300.
 States served: Delaware, Maryland,      States served: Colorado,
 Pennsylvania, Virginia, West Virginia,   Montana, North Dakota, South
 and District of Columbia.                Dakota, Utah, and Wyoming.
 Yvette Taylor, Regional Administrator,  Leslie T. Rogers, Regional
 Region 4--Atlanta, 230 Peachtree         Administrator, Region 9--San
 Street, NW, Suite 800, Atlanta, GA       Francisco, 201 Mission Street,
 30303, Tel. 404 865-5600.                Room 1650, San Francisco, CA
                                          94105-1926, Tel. 415 744-3133.
 States served: Alabama, Florida,        States served: American Samoa,
 Georgia, Kentucky, Mississippi, North    Arizona, California, Guam
 Carolina, Puerto Rico, South Carolina,   Hawaii, Nevada, and the
 Tennessee, and Virgin Islands.           Northern Mariana, Islands
 Marisol Simon, Regional Administrator,  Rick Krochalis, Regional
 Region 5--Chicago, 200 West Adams        Administrator, Region 10--
 Street, Suite 320, Chicago, IL 60606,    Seattle, Jackson Federal
 Tel. 312 353-2789.                       Building, 915 Second Avenue,
                                          Suite 3142, Seattle, WA 98174-
                                          1002, Tel. 206 220-7954.
 States served: Illinois, Indiana,       States served: Alaska, Idaho,
 Michigan, Minnesota, Ohio, and           Oregon, and Washington
 Wisconsin.
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[FR Doc. 08-593 Filed 2-8-08; 8:45 am]
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