56888 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 

827–4565 to receive the toll free number 

and pass code needed to participate in 

these meetings by telephone. 

Status: Open to the public. 

Matters To Be Considered: The 

Unified Carrier Registration Plan Board 

of Directors (the Board) will continue its 

work in developing and implementing 

the Unified Carrier Registration Plan 

and Agreement and to that end, may 

consider matters properly before the 

Board. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Avelino Gutierrez, Chair, Unified 

Carrier Registration Board of Directors at 

(505) 827–4565. 

Dated: September 24, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–23053 Filed 9–29–08; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

Great Smoky Mountain Railroad 

[Waiver Petition Docket Number FRA–2008– 

0096] 

The Great Smoky Mountain Railroad 

(GSM) has petitioned FRA to grant a 

waiver of compliance of the Safety 

Glazing Standards, 49 CFR 223.13, 

Requirements for Existing Cabooses. 

Specifically, this waiver request is for 

three (3) cabooses, GSM 01490, GSM 

637 and X782. The noted cabooses are 

normally used for captive tourist 

service. On occasion, they are used for 

freight service to interchange with the 

Norfolk Southern Railroad within yard 

limits over 10 miles of the 53 miles of 

total track to comply with 49 CFR 

232.407, Operations Requiring Use of a 

Two Way End of Train Device. 

The 3 cabooses operate over a 

combination of class 1 and class 2 track 

at a speed not exceeding 20 miles per 

hour. The total trackage is 53 miles. The 

3 noted cabooses are presently equipped 

with a mixture of safety glass and Lexan 

(polycarbonate thermoplastic). GSM has 

been in business for over 20 years, and 

to this date, there has been no record of 

any accident/incident and/or injury to 

any railroad employee that involved 

glazing. The cost to replace the present 

glazing would be cost prohibitive, and 

the estimated cost would be 

approximately $3,270 plus labor. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2008– 

0096) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC, on September 

24, 2008. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E8–22904 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2007–29123] 

Capital Investment Program: 

Availability of Final Circular 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Availability of Final 

Circular. 

SUMMARY: The Federal Transit 

Administration (FTA) has placed in the 

docket and on its Web site, guidance in 

the form of a circular to assist grantees 

in implementing the Capital Investment 

Program. Principally, the Capital 

Investment Program provides Federal 

funding for buses and bus facilities, new 

fixed guideway systems, and fixed 

guideway modernization, as authorized 

by statute. 

DATES: The effective date of the circular 

is November 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Sledge, Office of Program 

Management, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., East Building, Washington, DC 

20590, phone: (202) 366–2053, fax: (202) 

366–7951, or e-mail, 

Kimberly.Sledge@dot.gov; or Bonnie 

Graves, Office of Chief Counsel, same 

address, phone: (202) 366–0944, fax: 

(202) 366–3809, or e-mail, 

Bonnie.Graves@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Final Circular 

The final circular is not included with 

this document. You may download an 

electronic copy of the circular from 

FTA’s Web site, at http:// 

www.fta.dot.gov. From the home page, 

click on ‘‘Legislation, Regulations and 

Guidance’’ and on that page click on 

‘‘Circulars.’’ Circulars are listed in 

numerical order; the Capital Investment 

Circular is number 9300.1. Paper copies 

of the circular may be obtained by 

calling FTA’s Administrative Services 

Help Desk, at 202–366–4865. 

You may retrieve the circular and 

comments online through the Federal 

Document Management System (FDMS) 

at: http://www.regulations.gov. Enter 

docket number FTA–2007–29123 in the 


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search field. The FDMS is available 24 

hours each day, 365 days each year. 

Electronic submission and retrieval help 

and guidelines are available under the 

help section of the Web site. 

Table of Contents 

II. Chapter-by-Chapter Analysis 

A. Chapter I—Introduction and 

Background 

B. Chapter II—Program Overview 

C. Chapter III—Buses and Bus Facilities 

D. Chapter IV—Fixed Guideway 

Modernization 

E. Chapter V—New Starts/Small Starts 

Program 

F. Chapter VI—Other Provisions 

G. Appendices 

I. Overview 

This notice provides a summary of 

changes to FTA Circular 9300.1A, 

Capital Program: Grant Application 

Instructions, and addresses comments 

received in response to the September 

28, 2007, Federal Register notice (72 FR 

55624). Originally, the comment period 

was scheduled to close on November 27, 

2007; however, in response to 

comments to the docket, the comment 

period was subsequently extended until 

January 25, 2008. FTA received 

comments from twelve parties, 

including industry associations, transit 

agencies, metropolitan planning 

organizations, and one private 

transportation provider. 

This final Circular 9300.1B 

supersedes the Circular 9300.1A, issued 

in 1998. 

FTA has adopted all of the proposed 

formatting changes published in the 

proposed circular. For example, we 

have changed the name of the circular 

to ‘‘Capital Investment Program’’ to 

reflect a focus on the capital investment 

nature of eligible activities in 49 U.S.C. 

5309 (‘‘Section 5309’’), as amended by 

the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU). In 

addition, we changed the format to 

make this circular consistent with the 

style of other circulars FTA is updating. 

At the same time, we have tried to 

maintain some consistency with the 

previous document; for example, 

information about the Bus program is 

still in Chapter III, Fixed Guideway 

Modernization continues to be in 

Chapter IV, with New Starts/Small 

Starts information in Chapter V. 

Substantive changes in content, as well 

as comments to the proposed circular, 

are discussed in the chapter-by-chapter 

analysis. 

II. Chapter-by-Chapter Analysis 

As a preliminary matter, some 

commenters had non-substantive 

comments, such as formatting 

suggestions, a suggestion to remove 

references to old Federal Register 

notices, to include specific terms in the 

index, and to do a thorough review of 

the draft for typos, cross-referencing 

errors, and the like. We have removed 

the old Federal Register references, 

made some, but not all, of the suggested 

formatting changes, added terms to the 

index, and we have thoroughly 

reviewed the document in an effort to 

remove the errors noted by commenters. 

Further, we have re-ordered the sections 

of some of the chapters to present the 

material in a more organized fashion. 

Some comments were outside the scope 

of the proposed circular, and we have 

not addressed those comments in either 

the circular or this Federal Register 

notice. 

One commenter thought the title 

‘‘Capital Investment Program’’ was 

misleading since we have included a 

brief description of the Clean Fuels 

program (49 U.S.C. 5308) in the Bus 

chapter. We included information about 

the Clean Fuels program because buses 

purchased under Section 5309 may be 

Clean Fuels buses, and some recipients 

under Section 5309 may also seek 

funding under the Clean Fuels program 

for additional buses. It is therefore 

appropriate to include information 

about this related program in the Bus 

chapter. One commenter suggested that 

if FTA amends or updates the circular 

due to changes in other circulars or 

regulations that undergo notice and 

comment, that there be further public 

notice and comment. FTA disagrees. 

When the revision of a circular or 

regulation requires an opportunity for 

notice and comment, there is no need to 

satisfy that requirement again just to 

update a reference to that revised 

document in this circular. We have 

clarified this language in the circular. 

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 Capital 

Investment program (‘‘Section 5309 

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 5309 program, as well as the 

Section 5308, Clean Fuels grant 

program. Where applicable, we have 

used the same definitions found in 

statutes, rulemakings or other circulars 

and guidance documents to ensure 

consistency. 

One commenter suggested that the 

definition of ‘‘Alternatives Analysis’’ 

should not require alternatives analysis 

studies to include sufficient information 

to provide a rating for project 

justification and local financial 

commitment. FTA refers the commenter 

and others to 49 U.S.C. 5309(a)(1)(B), 

which requires that alternatives analysis 

studies include this information. Since 

this information is in the statute, we did 

not change the definition in the circular. 

Two commenters had questions about 

the definitions of ‘‘Eligible Applicant’’ 

and ‘‘Designated Recipient’’ as used in 

this circular. The term ‘‘Eligible 

Applicant,’’ as used in this circular, 

applies only to the Capital Investment 

program, and not to the Clean Fuels bus 

program; similarly, the definition of 

‘‘Designated Recipient,’’ as used in this 

circular, applies only to the Clean Fuels 

program, as it specifically addresses the 

nonattainment and maintenance area 

requirements of the Clean Air Act. We 

have used the term ‘‘Recipient’’ when 

referring to a designated recipient or an 

eligible applicant, but when those 

specific terms are used in this circular, 

they apply to either the Clean Fuels or 

the Capital Investment program, as 

defined. One commenter suggested that 

FTA change the Clean Fuels definition 

to state, ‘‘* * * the Administrator of 

EPA has certified sufficiently or 

significantly reduces harmful 

emissions.’’ Since the statute at 49 

U.S.C. 5308(a)(1)(B) uses the term 

‘‘sufficiently,’’ FTA will use the same 

terminology. 

One commenter suggested we add the 

word ‘‘streetcar’’ to the definition of 

fixed guideway and we made that 

change. One commenter suggested we 

add a definition of ‘‘Urbanized Area,’’ 

and we have done so. One commenter 

suggested that we change the acronym 

for urbanized area from ‘‘UZA’’ to 

‘‘UA,’’ which is the Census Bureau’s 

acronym. We decline to make that 

change. The acronym UZA is familiar to 

the transit industry, is used in virtually 

every FTA document, and has become 

a term of art. At the request of a 

commenter, we have added a definition 

of ‘‘Intelligent Transportation Systems,’’ 

but decline to add a definition of 

‘‘Eligible Projects,’’ as eligible projects 

are included in Chapters II through V. 

One commenter objected to the 

inclusion of a definition of ‘‘Very Small 

Starts;’’ we will address that objection 

and other comments received regarding 

Very Small Starts in the analysis of 

Chapter V. 

In addition to the changes described 

above, FTA has added several 


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definitions to this chapter, including 

‘‘Capital Asset,’’ ‘‘Capital Lease,’’ 

‘‘Discretionary Funding,’’ ‘‘Facilities,’’ 

‘‘Grant,’’ ‘‘Intelligent Transportation 

Systems,’’ ‘‘Preventive Maintenance,’’ 

‘‘Public Transportation,’’ and ‘‘Useful 

Life.’’ 

B. Chapter II—Program Overview 

Chapter II provides more detail about 

the Capital Investment program. The 

first few sections of the chapter were reordered for readability and consistency. 

This chapter starts with the statutory 

authority for the Capital Investment 

program, followed by apportionments, 

funds availability, the goals of the 

program and a list of eligible projects. 

Also included in Chapter II is 

information on Federal/local matching 

requirements, relationship to other FTA 

programs, and the requirements to 

ensure a recipient has the legal, 

financial and technical capacity to carry 

out a Capital Investment project. 

There were some changes to eligible 

projects under 49 U.S.C. 5309 with the 

enactment of SAFETEA–LU. Under the 

previous authorization statute (The 

Transportation Equity Act for the 21st 

Century (TEA–21)), there were eight 

categories of eligible projects in 49 

U.S.C. 5309. These included bus and 

bus facilities, new fixed guideways, 

fixed guideway modernization, 

development of corridors to support 

fixed guideway systems, projects 

designed to meet the needs of elderly 

and disabled passengers, projects to 

introduce new technology, the capital 

costs of coordinating public 

transportation with other transportation, 

and capital projects needed for an 

efficient and coordinated public 

transportation system. Under 

SAFETEA–LU, there are only four 

categories of eligible projects in 49 

U.S.C. 5309: bus and bus facilities, new 

fixed guideways, fixed guideway 

modernization, and corridor 

improvements. Therefore, the list of 

eligible projects in the circular changed, 

as well. We defined the four categories 

of eligible projects as ‘‘capital 

investment projects’’ and listed them in 

this chapter as ‘‘assets for which FTA 

provides assistance.’’ In addition to 

these ‘‘capital investment projects,’’ 

however, we have included a list of 

projects that, ‘‘when integral to a capital 

investment project,’’ are eligible for 

Section 5309 funding. One commenter 

asked us to clarify whether Intelligent 

Transportation Systems (ITS) is eligible 

as a stand-alone project. Since the 

statute permits the purchase of ‘‘buses 

and related equipment’’ and ITS 

projects are directly related to buses and 

bus facilities, ITS is eligible as a standalone project. In addition, bus purchases 

to meet the needs of elderly persons and 

persons with disabilities continue to be 

eligible, since bus purchases generally 

are eligible. We note that the purchase 

of buses to meet the special 

transportation needs of these 

populations is the purpose of the 

Section 5310 program, and funding is 

available from that program to private 

non-profit organizations where public 

transportation is unavailable, 

insufficient or inappropriate. 

We proposed removing two 

previously eligible projects from the 

circular: the capital cost of contracting 

and preventive maintenance for the bus 

program. We noted that both of these 

capital expenditures are eligible for 

funding under other FTA programs, 

including the Urbanized Area Formula 

program (49 U.S.C. 5307) and the 

Nonurbanized Area Formula program 

(49 U.S.C. 5311). Three commenters 

expressed concern about removing the 

capital cost of contracting from the list 

of eligible expenses, and three 

commenters expressed concern about 

removing preventive maintenance as an 

eligible expense. After careful 

consideration of the comments, we have 

returned both the capital cost of 

contracting and preventive maintenance 

to the list of eligible activities. 

Two commenters suggested that FTA 

include ‘‘intercity bus and intercity rail 

stations and terminals’’ as eligible 

projects. We have added this language 

where appropriate. One commenter 

requested that we add a paragraph on 

Joint Development under the 

‘‘Relationship to Other Programs’’ 

section of this chapter. We decline to 

add an additional paragraph, as there is 

an extensive discussion in Chapter III, at 

section 8, ‘‘Requirements Related to 

Facilities,’’ including a reference to 

FTA’s policy on joint development, 

published in the Federal Register on 

February 7, 2007 (72 FR 5788). 

C. Chapter III—Buses and Bus Facilities 

Chapter III addresses buses and 

related equipment, commonly known as 

‘‘the bus program.’’ This chapter 

contains information on how funds are 

allocated, a new section describing 

eligible recipients, examples of eligible 

bus projects, environmental 

considerations, requirements related to 

vehicles, equipment, and facilities, and 

information about a complementary 

program, the Clean Fuels grant program. 

Two commenters suggested including 

intercity bus and rail terminals and 

stations as eligible projects. We have 

added this language where appropriate, 

and specified that funding of intercity 

bus stations and terminals are eligible 

when part of a joint development 

project, in accordance with FTA’s 

guidance on joint development (72 FR 

5788, Feb. 7, 2007). 

One commenter recommended that 

FTA include a reference to the Federal 

Highway Administration’s (FHWA) 

guidance on the Congestion Mitigation 

and Air Quality (CMAQ) Improvement 

program in the paragraph, ‘‘Clean Air 

Act.’’ We have added the hyperlink to 

FHWA’s guidance on this program. One 

commenter suggested that FTA require 

recipients to include the planning 

justification in FTA’s Transportation 

Electronic Award and Management 

(TEAM) system grant application. We 

have modified the circular to reflect this 

suggestion. We have also updated the 

Charter Bus information, since the final 

rule became effective on April 30, 2008. 

Four commenters raised concerns 

about the paragraph describing ‘‘MixedUse Projects’’ in the section, 

‘‘Requirements Related to Facilities.’’ 

Commenters were concerned about 

FTA’s characterization of when a project 

would qualify as a joint development 

project, and were concerned that FTA 

had an overbroad interpretation of 

‘‘program income.’’ In addition, one 

commenter requested that FTA include 

language on intercity bus terminals in 

this section. We have revised this 

section to address the commenter’s 

concerns by more clearly describing 

joint development projects and 

clarifying when revenue is ‘‘program 

income.’’ Further, we added language 

about intercity bus terminals. 

Two commenters suggested that FTA 

edit the section, ‘‘Environmental 

Considerations,’’ which describes the 

requirements under the National 

Environmental Policy Act (NEPA). In 

the proposed circular, we included 

examples of projects that are considered 

‘‘categorical exclusions’’; however, 

FHWA and FTA jointly published a 

notice of proposed rulemaking in the 

Federal Register (72 FR 44038, Aug. 7, 

2007), and therefore, that list may 

change. In order to keep the circular 

current even after the rule has been 

finalized, we have removed the list of 

items that are considered categorical 

exclusions and addressed NEPA 

requirements in general terms. 

Two commenters suggested that FTA 

revise its like-kind exchange policy. 

One commenter suggested that proceeds 

from vehicles disposed of prior to the 

end of their useful lives should be able 

to be used for any federally funded 

activity. FTA’s long-standing like-kind 

exchange policy requires assets 

disposed of prior to their useful lives to 

be replaced in kind, or the proceeds of 

such disposition returned to FTA. We 


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believe this policy protects the Federal 

interest and should not be changed. 

Another commenter suggested that 

FTA’s ability to direct the proceeds of 

any sale should be limited to its 

remaining interest, and the use of 

proceeds in excess of the Federal 

interest should be up to the recipient. 

FTA declines to make this change 

because 49 U.S.C. 5334(h)(4)(B) requires 

that ‘‘the net income from asset sales, 

uses, or leases (including lease 

renewals) * * * shall be used by the 

recipient to reduce the gross project cost 

of other capital projects carried out 

under this chapter.’’ One commenter 

suggested that FTA develop useful life 

standards for sedans and pick-up trucks 

which are commonly purchased by 

transit agencies. FTA has added sedans 

used in revenue service to the list that 

includes small buses and vans, and we 

have added useful life standards for 

trolleys and ferryboats. Vehicles used in 

non-revenue service are considered 

‘‘equipment’’ and the reader is directed 

to FTA circular 5010, Grants 

Management Requirements, for useful 

life requirements for equipment. 

Two commenters made suggestions 

about the language in the section on Buy 

America; we have streamlined this 

paragraph in Chapter III as well as in 

other chapters that contain information 

on Buy America. One commenter 

requested that FTA permit a ‘‘phase-in’’ 

period for the requirements of the 

Presidential Coin Act. FTA does not 

have a role in the implementation of 

this statute. We provide the information 

in the circular simply to make recipients 

aware of their responsibilities. FTA has 

moved the section discussing the 

Presidential Coin Act to Chapter VI, 

Other Provisions, since it applies to all 

Section 5309 projects. 

D. Chapter IV—Fixed Guideway 

Modernization 

Chapter IV addresses fixed guideway 

modernization, and the chapter has 

been re-ordered for readability and 

consistency. One commenter disagreed 

with the statement in the section, 

‘‘Relationship to Urbanized Area 

Formula Funding,’’ that for projects 

using both Section 5307 and Section 

5309 funding, ‘‘it may be efficient to 

submit the grant applications at the 

same time.’’ We decline to remove this 

sentence. It is not a requirement that 

these applications be submitted at the 

same time, but in many cases, it may in 

fact be more efficient to do so. As we 

state in the circular, the grant applicant 

should discuss the best approach with 

the appropriate FTA regional office. 

Similar to Chapter III’s section on 

‘‘Environmental Considerations,’’ we 

have edited the section, ‘‘Requirements 

of Fixed Guideway Modernization 

Projects’’ to remove the list of 

categorically excluded projects. This 

section now includes general 

information about NEPA requirements 

as they relate to fixed guideway 

modernization. 

One commenter noted that FTA has 

adopted a general policy that rail 

vehicles have a minimum useful life of 

25 years, but a recipient may measure 

lifespan by hours of operation or 

another measure, and requested that 

these alternative methodologies be 

referenced in subsequent paragraphs. 

We decline to make that change 

primarily because we note in the 

circular that ‘‘A recipient * * * may 

develop an appropriate methodology for 

converting its system to years of 

service.’’ Once converted, it is 

appropriate to discuss useful life in 

terms of years rather than in hours of 

service or other measure of useful life. 

One commenter suggested that FTA 

clarify, in the subsection, ‘‘Major Capital 

Projects,’’ whether a project 

management plan must be approved by 

FTA as a prerequisite to having the 

grant approved, and set a time period 

for FTA review of any submissions. We 

have made this change. 

E. Chapter V—New Starts/Small Starts 

Program 

Chapter V addresses the New Starts/ 

Small Starts program, and we have 

added a section, ‘‘Allocation of Funds 

and Period of Availability.’’ In addition 

to the information found in Chapter V 

of the circular, FTA maintains a New 

Starts Web page, at http:// 

www.fta.dot.gov/planning/ 

planning_environment_5221.html, 

which contains the most up-to-date 

guidance for this program. 

In this circular, FTA draws a 

distinction between a ‘‘New Start’’—a 

project that has a total cost of $250 

million or more, or for which the project 

sponsor is requesting more than $75 

million in Federal funds; and a ‘‘Small 

Start’’—a project that has a total cost of 

less than $250 million that requests less 

than $75 million in Federal funds. The 

various requirements for these two 

different types of projects are described 

throughout the chapter. 

Two commenters requested that FTA 

include the statutory list of 

characteristics that make a corridorbased bus capital project a ‘‘fixed 

guideway capital project.’’ The list of 

characteristics found in 49 U.S.C. 

5309(e)(10)(B) is neither prescriptive 

nor exhaustive. The statute uses the 

words ‘‘such as’’ when listing those 

features that represent a ‘‘substantial 

investment in a defined corridor.’’ The 

discussion of Small Starts set forth in 

the circular reflects the proposed and 

final policy guidance on New Starts and 

Small Starts developed through public 

notice and comment. See, 73 FR 21170, 

Apr. 18, 2008 and 73 FR 46352, Aug. 8, 

2008. 

Two commenters questioned FTA’s 

authority to establish requirements for 

‘‘Very Small Starts’’ that differ from 

those for Small Starts since ‘‘Very Small 

Starts’’ are not defined or established by 

statute or regulation. FTA interprets 49 

U.S.C. 5309(c)(3) to provide the Federal 

Transit Administrator with broad 

discretion to award grants for disparate 

types of New Start and Small Start 

projects on such ‘‘terms, conditions, 

requirements, and provisions’’ as the 

Administrator determines ‘‘necessary or 

appropriate’’ to carry out the New Starts 

and Small Starts programs authorized 

by 49 U.S.C. 5309(d) and (e). The 

discussion of Very Small Starts set forth 

in the circular reflects the proposed and 

final policy guidance on New Starts and 

Small Starts developed through public 

notice and comment. See, e.g., 71 FR 

45100, Aug. 8, 2006; 72 FR 6663, Feb. 

12, 2007; 72 FR 30912, June 4, 2007; and 

the Updated Interim Guidance on Small 

Starts issued in July 2007. Although 

FTA has not yet promulgated a final 

regulation for New Starts and Small 

Starts, the Administrator continues, in 

his discretion, to award discretionary 

grants under both programs, and this 

circular reflects the basis on which the 

Administrator will award grants for 

Very Small Starts. 

Two commenters indicated that FTA 

should revise its definition of 

‘‘financially constrained,’’ found in the 

section, ‘‘Planning and Project 

Development Process.’’ We have revised 

this definition so that it is identical to 

the definition found in the FHWA/FTA 

planning regulation at 23 CFR 450.104. 

Two commenters suggested that in the 

section, ‘‘Environmental Protection,’’ 

the circular should not state that 

environmental regulations ‘‘prohibit 

FTA from taking a final action * * *.’’ 

We have revised the section to include 

language from the joint FHWA/FTA 

environmental regulations. One 

commenter indicated that we only 

addressed New Starts in this section; we 

have added the terms Small Starts and 

Very Small Starts, as the environmental 

protection requirements are likely to 

apply to those projects, as well. 

F. Chapter VI—Other Provisions 

This chapter is similar to the ‘‘Other 

Provisions’’ chapters in other FTA 

circulars, and summarizes a number of 

FTA-specific and other Federal 


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requirements that FTA grantees are held 

to in addition to the program-specific 

requirements and guidance provided in 

the circular. We revised this chapter to 

alphabetize the provisions, and we 

moved the Presidential Coin Act to this 

chapter. 

Two commenters asked FTA to clarify 

whether the public hearing 

requirements described in the section, 

‘‘Public Hearing Requirements’’ apply to 

projects that are categorical exclusions 

under NEPA. The circular states that 

NEPA public hearing requirements are 

sufficient to meet the requirements of 49 

U.S.C. 5323(b), which requires public 

involvement for any capital project that 

will ‘‘substantially affect a community 

or the public transportation services of 

a community.’’ Therefore, whether or 

not NEPA public hearing requirements 

apply, the provisions of 49 U.S.C. 

5323(b) require public involvement for 

most capital projects. In response to 

comments, we have edited this section 

to clarify the requirements. 

We have revised the section, 

‘‘Environmental Reviews,’’ since each 

chapter contains specific information 

about environmental requirements that 

apply to specific types of projects, and 

an extensive discussion in this chapter 

is repetitive and unnecessary. One 

commenter suggested that in the 

section, ‘‘Clean Air Act,’’ we include as 

an appendix the list of exempt transit 

projects in the EPA regulation that do 

not require any analysis. We decline to 

include this list, but we have included 

the direct regulatory citation for this 

information. 

We have updated the section, 

‘‘Charter Bus Services’’ to reflect the 

new regulation on charter service. (73 

FR 2326, Jan. 14, 2008). 

G. Appendices 

The 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. Appendix A also 

includes an application checklist and 

information for registering with the 

Electronic Clearing House Operation’s 

(ECHO’s) electronic payment system. 

One commenter suggested we include 

information as to where one can find the 

TEAM User Guide; we have included 

the hyperlink to the Web site for this 

information. One commenter suggested 

that FTA request planning justification 

information in the ‘‘project description’’ 

section of TEAM. While this 

information is not required in the 

project description, we note that 

recipients must include the date and 

page number of the most recently 

approved Statewide Transportation 

Improvement Plan (STIP) for the 

projects listed in the application. 

Appendix B provides budget 

information, including several sample 

budgets. Appendix C contains samples 

of an Authorizing Resolution, a Fleet 

Status Report, Like-Kind Transaction for 

Mid-life Sale of a Transit Bus, an 

Opinion of Counsel, a Project Milestone 

Schedule, and Proceeds from the Sale of 

Assets. Appendix D contains contact 

information for all of FTA’s regional and 

metropolitan offices, and a new 

Appendix E contains a listing of all legal 

citations found in the circular. 

With the substantive exceptions noted 

in the chapter-by-chapter analysis 

above, as well as non-substantive and 

clarifying edits, FTA adopts the final 

circular as proposed. 

Issued in Washington, DC, this 22nd day 

of September, 2008. 

James S. Simpson, 

Administrator. 

[FR Doc. E8–22840 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2007–29122] 

Grant Management Guidance 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Availability of Final 

Circular. 

SUMMARY: The Federal Transit 

Administration (FTA) has placed in the 

docket and on its Web site (http:// 

www.fta.dot.gov) guidance in the form 

of Circular 5010.1D, Grant Management 

Requirements, which circular replaces 

FTA’s prior Grant Management Circular 

5010.1C. Circular 5010.1D includes 

information pertaining to new and 

existing FTA programs; incorporates 

provisions of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

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

discusses the circumstances under 

which a grantee may request budget 

revisions and grant amendments; 

identifies useful life standards for 

trolleys, ferry boats, and facilities; and 

increases the threshold that determines 

whether FTA must approve a real estate 

appraisal. 

DATES: The effective date of the circular 

is November 1, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

program questions, please contact 

MaryAnne Polkiewicz at 202–366–0203 

or maryanne.polkiewicz@dot.gov. For 

legal questions, please contact Jayme L. 

Blakesley at 202–366–0304 or 

jayme.blakesley@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Final Circular 

The final circular is not included with 

this document. You may download an 

electronic copy of the circular from 

FTA’s Web site at http:// 

www.fta.dot.gov. From the home page, 

click on ‘‘Legislation, Regulations and 

Guidance’’ and on that page click on 

‘‘Circulars.’’ Circulars are listed in 

numerical order; the Grant Management 

Circular is number 5010.1D. Paper 

copies of the circular may be obtained 

by calling FTA’s Administrative 

Services Help Desk at 202–366–4865. 

You may retrieve the circular and 

comments online through the Federal 

Document Management System (FDMS) 

at: http://www.regulations.gov. Enter 

docket number 29122 in the search 

field. Instructions on using FDMS can 

be found under the help section of the 

Web site. 

Table of Contents 

I. Overview 

II. Chapter-by-Chapter Analysis 

A. Chapter I—Introduction and 

Background 

B. Chapter II—Circular Overview 

C. Chapter III—Grant Administration 

D. Chapter IV—Project Management 

E. Chapter V—Oversight 

F. Chapter VI—Financial Management 

G. Appendices 

I. Overview 

This notice provides a summary of 

changes to FTA’s Grant Management 

Circular. The prior Grant Management 

Circular was numbered C 5010.1C. This 

new Grant Management Circular is 

numbered C 5010.1D. This final Circular 

5010.1D supersedes Circular 5010.1C. 

This notice addresses comments 

received in response to the September 

28, 2007, Federal Register notice (72 FR 

55629, Notice of Proposed Guidance 

and Request for Comment on the 

Federal Transit Administration’s Grant 

Management Requirements FTA 

Circular 5010.1D). FTA received 

comments from nine parties, including 

an industry association, transit agencies, 

and State departments of transportation 

(State DOTs). 

FTA has adopted most of the 

proposed formatting changes published 

in the proposed circular. For example, 

we changed the format to make this 

circular consistent with the style of 

other circulars FTA is updating while 

maintaining some consistency with the 

previous document. Substantive 

changes in content and comments to the 


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