Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4281 

Missouri. The NOI is being rescinded 

because MoDOT lacks funding to build 

this project. They do not want to 

concentrate their efforts on completing 

an EIS for a project which may not be 

built for 20 years. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Issued on: January 15, 2009. 

Peggy J. Casey, 

Environmental Projects Team Leader, 

Jefferson City. 

[FR Doc. E9–1420 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Paul S. Sarbanes Transit in Parks 

Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Funding Availability: 

Paul S. Sarbanes Transit in Parks 

Program. 

SUMMARY: This notice solicits proposals 

to compete for Fiscal Year (FY) 2009 

funds through the Paul S. Sarbanes 

Transit in Parks Program (Transit in 

Parks Program), formerly the Alternative 

Transportation in Parks and Public 

Lands program (ATPPL), administered 

by the Federal Transit Administration 

(FTA) in partnership with the 

Department of the Interior (DOI) and the 

U.S. Department of Agriculture’s Forest 

Service. The purpose of the program is 

to enhance the protection of national 

parks and Federal lands, and increase 

the enjoyment of visitors’ experience. 

The program funds capital and planning 

expenses for alternative transportation 

systems such as buses and trams in 

federally-managed parks and public 

lands. Federal land management 

agencies, as well as State, tribal and 

local governments acting with the 

consent of a Federal land management 

agency are eligible to apply. DOI, after 

consultation with and in cooperation 

with FTA, will determine the final 

selection and funding of projects. 

DATES: Complete proposals must be 

received by 12 midnight EST on 

February 27, 2009. 

ADDRESSES: Project proposals must be 

submitted to FTA. Applicants are 

encouraged to submit proposals through 

the government-wide electronic grants 

Web site at http://www.grants.gov. Click 

on ‘‘Find Grant Opportunities,’’ then on 

‘‘Basic Search,’’ and enter Paul S. 

Sarbanes Transit in Parks Program as 

the keyword. Submissions will also be 

accepted by e-mail, mail, or fax to: 

Vanessa Williams, Office of Program 

Management, FTA, 202–366–2053, fax: 

202–366–7951, e-mail: 

SarbanesProgram@dot.gov, mail: 1200 

New Jersey Ave., SE.; E44–417; 

Washington, DC 20590. The required 

project proposal template is available at 

grants.gov and on the program Web site 

at http://www.fta.dot.gov/ 

Transit_in_Parks_Program. 

FOR FURTHER INFORMATION: Contact 

Vanessa Williams, Office of Program 

Management, FTA, 202–366–2053, email: vanessa.williams@dot.gov. 

Applicants may also contact the 

following Transit in Parks Program 

points of contact at the Federal land 

management agencies: 

• National Park Service: Mark H 

Hartsoe, Mark_H_Hartsoe@nps.gov; tel: 

202–513–7025, fax: 202–371–6675, 

mail: 1849 C Street, NW. (MS2420); 

Washington, DC 20240–0001. 

• Fish and Wildlife Service: Nathan 

Caldwell, nathan_caldwell@fws.gov, tel: 

703–358–2205, fax: 703–358–2517, 

mail: 4401 N. Fairfax Drive, Room 634; 

Arlington, VA 22203. 

• Forest Service: Ellen LaFayette, 

elafayette@fs.fed.us, tel: 703–605–4509, 

cell: 703–472–2456, fax: 703–605–1542, 

mail: 1400 Independence Avenue, SW.; 

Washington, DC 20250–1101. FedEx: 

USDA Forest Service, Engineering Suite 

RPC 500, 1601 N. Kent Street, Arlington, 

VA 22209. 

• Bureau of Land Management: Linda 

Force, linda_force@blm.gov, tel: 202– 

452–5110, fax: 202–452–5046, mail: 

1849 C Street, NW.; Washington, DC 

20240. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Program Information 

II. Guidelines for Preparing and Submitting 

Proposals 

III. Proposal Review, Selection, and 

Notification 

IV. Additional Program Information 

I. General Program Information 

A. Authority 

Section 3021 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act—A Legacy for Users of 2005 

(SAFETEA–LU), as amended 

established the Paul S. Sarbanes Transit 

in Parks Program (Transit in Parks 

Program) (49 U.S.C. 5320). SAFETEA– 

LU authorized $96.9 million in funding 

for the program for FYs 2006 through 

2009. SAFETEA–LU authorized $26.9 

million for FY 2009. Availability of 

funding is subject to congressional 

appropriations, which have not yet been 

finalized for FY 2009. No one project 

may receive more than 25 percent of 

available funds. 

B. Background 

Congestion in and around parks and 

public lands causes traffic delays and 

noise and air pollution that 

substantially detract from the visitor’s 

experience and the protection of natural 

resources. In August 2001, the 

Department of Transportation (DOT) 

and DOI published a comprehensive 

study of alternative transportation needs 

in national parks and related Federal 

lands. The study identified significant 

alternative transportation needs at sites 

managed by the National Park Service, 

the Bureau of Land Management, and 

the U.S. Fish and Wildlife Service. 

Additionally, a supplement to this 

report identified Forest Service sites 

that would benefit from such services. 

Section 3021 of SAFETEA–LU (49 

U.S.C. 5320) addresses these needs by 

establishing a new program to fund 

alternative transportation projects in 

national parks and other Federal lands. 

The goals of the program are to: 

• Conserve natural, historical, and 

cultural resources; 

• Reduce congestion and pollution; 

• Improve visitor mobility and 

accessibility; 

• Enhance visitor experience; and 

• Ensure access to all, including 

persons with disabilities. 

C. Eligible Applicants 

(1) Federal land management agencies 

that manage an eligible area, including 

but not limited to the National Park 

Service, the Fish and Wildlife Service, 

the Bureau of Land Management, the 

Forest Service, and the Bureau of 

Reclamation; and 

(2) State, tribal and local governments 

with jurisdiction over land in the 

vicinity of an eligible area, acting with 

the consent of a Federal land 

management agency, alone or in 

partnership with a Federal land 

management agency or other 

governmental or non-governmental 

participant. If the applicant is a State, 

tribal, or local government, a letter from 

the unit(s) of the Federal land 

management agency or agencies affected 

expressing support for the project 

should be submitted with the project 

proposal. 

Note: An eligible area is any federally 

owned or managed park, refuge, or 

recreational area that is open to the general 

public, including a unit of the National Park 

System, a unit of the National Wildlife 

Refuge System, a recreational area managed 

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4282 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

by the Bureau of Land Management, a 

recreational area managed by the Bureau of 

Reclamation, and a unit of the National 

Forest System. 

D. Eligible Expenses 

SAFETEA–LU defines alternative 

transportation as ‘‘transportation by bus, 

rail, or any other publicly or privately 

owned conveyance that provides to the 

public general or special service on a 

regular basis, including sightseeing 

service. Such term also includes a nonmotorized transportation system 

(including the provision of facilities for 

pedestrians, bicycles, and nonmotorized watercraft).’’ 

A qualified project is a planning or 

capital project in or in the vicinity of a 

Federally-owned or managed park, 

refuge, or recreational area that is open 

to the general public and meets the 

goals of the program. Operating 

expenses are not eligible under the 

program. A project proposal may 

include up to 15 percent for project 

administration, contingency, and 

oversight. As specified in 49 U.S.C. 

5320(b)(5), the following types of 

projects are eligible: 

Planning 

1. Activities to comply with 

metropolitan and statewide planning 

provisions. (49 U.S.C. 5320(b)(5)(A) 

referencing 49 U.S.C. 5303, 5304, 5305). 

2. Activities include planning studies 

for an alternative transportation system 

including evaluation of no-build and all 

other reasonable alternatives, traffic 

studies, visitor utilization studies, 

transportation analysis, feasibility 

studies, and environmental studies. 

Capital 

1. General Capital Expenses for 

Alternative Transportation System 

Projects: 

a. Eligible capital projects include all 

aspects of ‘‘acquiring, constructing, 

supervising, or inspecting equipment or 

a facility for use in public 

transportation, expenses incidental to 

the acquisition or construction 

(including designing, engineering, 

location surveying, mapping, and 

acquiring rights-of-way), payments for 

the capital portions of rail trackage 

rights agreements, transit-related 

intelligent transportation systems, 

relocation assistance, acquiring 

replacement housing sites, and 

acquiring, constructing, relocating, and 

rehabilitating replacement housing;’’ 

b. Capital projects may include those 

projects operated by an outside entity, 

such as a public transportation agency, 

state or local government, private 

company engaged in public 

transportation, or private non-profit 

organization; and, 

c. Projects may also include the 

deployment/commercialization of 

alternative transportation vehicles that 

introduce innovative technologies or 

methods. 

2. ‘‘Fixed Guideway’’ and Bus 

Projects: 

a. The SAFETEA–LU legislation 

includes language allowing eligibility of 

‘‘fixed guideway’’ projects. These are 

defined as those transportation projects 

that run on a dedicated right of way, 

like a light rail, trolley, bus rapid transit, 

or any type of ferry system. For these 

types of projects, eligible projects can 

include: 

i. Development of a new fixed 

guideway project; 

ii. Rehabilitation or modernization of 

existing fixed guideway systems; and, 

iii. Expansion of existing systems. 

b. For bus or shuttle projects, eligible 

projects can include: 

i. Purchase of buses and related 

equipment; 

ii. Replacement of buses and related 

equipment; 

iii. Rehabilitation of buses and related 

equipment; 

iv. Construction of bus-related 

facilities such as bus shelters; and, 

v. Purchase of rolling stock that 

incorporates clean fuel technology or 

the replacement of buses of a type in use 

on August 10, 2005, with clean fuel 

vehicles. 

3. The Transit in Parks Program 

specifically includes these other eligible 

capital projects: 

a. The capital costs of coordinating 

Federal land management agency public 

transportation systems with other public 

transportation systems. 

b. Non-motorized transportation 

systems (including the provision of 

facilities for pedestrians, bicycles and 

non-motorized watercraft). 

c. Water-borne access systems within 

or in the vicinity of an eligible area as 

appropriate and consistent with 49 

U.S.C. 5320. 

d. Any other alternative 

transportation project that 

i. Enhances the environment; 

ii. Prevents or mitigates an adverse 

impact on a natural resource; 

iii. Improves Federal land 

management agency resource 

management; 

iv. Improves visitor mobility and 

accessibility and the visitor experience; 

v. Reduces congestion and pollution 

(including noise pollution and visual 

pollution); or 

vi. Conserves a natural, historical, or 

cultural resource (excluding 

rehabilitation or restoration of a nontransportation facility). 

In order to be considered for funding, 

a project must consist of one or more of 

the eligible activities listed above, meet 

the definition of alternative 

transportation, and contribute to the 

goals of the program. 

Lease vs. Purchase 

The capital cost of leasing vehicles is 

an eligible expense under the program. 

For vehicle acquisition projects, 

sponsors should compare the costeffectiveness of leasing versus 

purchasing vehicles. Leasing may be 

particularly cost effective in 

circumstances in which transit service 

is only needed during a peak visitation 

period that lasts only a few months. In 

these cases, leasing a vehicle for a few 

months during the year may be less 

expensive than purchasing a vehicle 

only used for a few months during the 

year. An award can cover the capital 

cost of leasing vehicles but not the cost 

of operations, such as fuel or driver’s 

salary. 

Project sponsors should also compare 

the cost effectiveness of providing 

service versus contracting for service. 

The capital portion of contracted service 

is an eligible capital expense under the 

program. For example, if a public land 

agency contracts with a private bus 

company to provide shuttle service with 

privately owned buses, the portion of 

the contract that covers the capital 

expense of the buses is an eligible 

expense under the Transit in Parks 

Program. Operating expenses are not 

eligible under the program. Project 

sponsors will be asked to compare the 

cost-effectiveness of their preferred 

option to other alternatives in the 

financial sustainability portion of the 

proposal. 

E. Proposal Evaluation Criteria and 

Other Considerations 

It is anticipated that the demand for 

financial assistance through the Transit 

in Parks Program will significantly 

exceed the funds available, and thus the 

selection process will be highly 

competitive. Project proposals will be 

evaluated based on how well the 

proposed project would meet the goals 

of the program identified in the 

legislation and in section I B of this 

notice. The criteria below, which are 

consistent with the considerations 

identified in 49 U.S.C. 5320(g)(2), aid 

evaluators in determining how well 

projects would meet these goals. The 

application template contains specific 

questions related to each of these 

criteria to guide the applicant in 

justifying the project. Proposed capital 

projects will be evaluated based on the 

following criteria: 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4283 

• Demonstration of Need: 

Æ Visitor mobility and experience 

current or anticipated problem; and 

Æ Environmental current or 

anticipated problem. 

• Visitor Mobility and Experience 

Benefits of Project: 

Æ Reduced traffic congestion; 

Æ Enhanced visitor mobility, 

accessibility, and safety; and 

Æ Improved visitor education, 

recreation, and health benefits. 

• Environmental Benefits of Project: 

Æ Protection of sensitive natural, 

cultural, and historic resources; and 

Æ Reduced pollution (air, noise, 

visual). 

• Financial Sustainability and 

Operational Efficiency: 

Æ Effectiveness in meeting 

management goals; 

Æ Realistic financial plan; 

Æ Cost effectiveness; and 

Æ Partnering, funding from other 

sources, innovative financing. 

Proposed planning projects will be 

evaluated based on the following 

criteria: 

• Demonstration of Need: 

Æ Visitor mobility and experience 

current or anticipated problem; and 

Æ Environmental current or 

anticipated problem. 

• Methodology for Assessing Visitor 

Mobility and Experience Benefits of 

Project: 

Æ Reduced traffic congestion; 

Æ Enhanced visitor mobility, 

accessibility, and safety; and 

Æ Improved visitor education, 

recreation, and health benefits. 

• Methodology for Assessing 

Environmental Benefits of Project: 

Æ Protection of sensitive natural, 

cultural, and historical Resources; and 

Æ Reduced pollution (air, noise, 

visual). 

• Methodology for Assessing 

Operational Efficiency and Financial 

Sustainability of Alternatives: 

Æ Effectiveness in meeting 

management goals; 

Æ Realistic financial plan; 

Æ Cost effectiveness; and 

Æ Partnering, funding from other 

sources. 

A special note on non-motorized 

transportation systems: While nonmotorized systems, such as trails, are 

eligible under the program, not all nonmotorized systems will meet the goals of 

the program needed to be considered for 

funding. Like motorized systems, in 

order to be considered for funding, nonmotorized systems must reduce or 

mitigate the number of auto trips by 

providing an alternative to travel by 

private auto. In addition, non-motorized 

systems must provide a high degree of 

connectivity within a transportation 

system. Finally, they should improve 

safety for motorized and non-motorized 

transportation system users. 

Additional consideration will be 

given to projects based upon geographic 

diversity, balance between urban and 

rural projects, and balance in size of 

projects. 

The program of projects may also be 

balanced by type of project, as 

categorized below, to best show 

accomplishments from the program. 

• New alternative transportation 

systems—to show new systems made 

possible by this new program. 

• Expansion or enhancement of an 

existing alternative transportation 

system—to demonstrate improvements 

and expansions enabled by the program. 

• Rehabilitation or replacement of 

vehicles or facilities of existing 

alternative transportation systems—to 

support and sustain existing meritorious 

systems into the future. 

• Planning studies—to prepare for 

new systems that can be funded in 

future years. 

II. Guidelines for Preparing and 

Submitting Proposals 

Applicants are encouraged to submit 

proposals through the Federal 

government-wide electronic grants Web 

site at http://www.grants.gov. Click on 

‘‘Find Grant Opportunities,’’ then on 

‘‘Basic Search,’’ and enter Paul S. 

Sarbanes Transit in Parks Program as 

the keyword. Submissions will also be 

accepted by e-mail, mail, or fax to the 

Federal Transit Administration using 

the contact information found in the 

ADDRESSES section of this notice. The 

required project proposal template as 

well as guidance on completing a 

proposal can be found on grants.gov and 

on the program Web site at http:// 

www.fta.dot.gov/Transit in Parks 

Program. There are separate proposal 

templates for planning and capital 

(‘‘implementation’’) projects. Project 

proposals must adhere to the page limits 

listed on the proposal templates. 

A ‘‘Webinar’’-style workshop to 

provide information on the program and 

guidance on how to apply will be held 

on February 4, 2009 EST. Check the 

Web site at http://www.fta.dot.gov/ 

Transit in Parks Program for more 

details. If you do not have adequate 

Internet access you may request hard 

copies of the Webinar presentations and 

information on how to phone-in to the 

Webinar from Vanessa Williams at 202– 

366–2053, e-mail: 

vanessa.williams@dot.gov. 

Applicants must reapply each year; 

however an applicant may also propose 

a project that would expend money in 

multiple years even though the award is 

from one year’s worth of appropriated 

Transit in Parks Program funds. The 

project would, however, need to be 

ready to begin and need to be completed 

in a reasonable period of time, as 

evaluated on a case by case basis. In 

sum, the period of performance of the 

award is separate from the year of funds 

of the award. 

III. Selection and Notification 

FTA will announce project selections 

in the Federal Register in the latter part 

of FY 2009. DOI will notify each Federal 

land management agency of projects 

awarded for sites under the agency’s 

jurisdiction. The Federal Register will 

include the list of all selected projects 

and funding levels. 

IV. Additional Program Information 

A. Funds Administration 

Once proposals have been reviewed 

and projects have been selected, FTA 

will award funds to the lead project 

sponsor to implement the project. These 

funds will be administered according to 

Federal requirements as well as the 

appropriate policies, guidelines and 

rules of the pertinent agencies. 

For projects directly administered by 

a Federal land management agency, 

these funds will be administered by an 

interagency agreement between FTA 

and the respective agency. For programs 

administered by a State, tribal, or local 

governmental authority, these funds 

will be administered through a grant 

administered by FTA. 

B. Program Requirements and Oversight 

The requirements for recipients of 

funding through the program can be 

found at http://www.fta.dot.gov/Transit 

in Parks Program under ‘‘Requirements 

for Recipients of Funding.’’ This 

document also describes the oversight 

FTA will provide for this program. 

C. Performance Measures 

In order to allow FTA to compute 

aggregate program performance 

measures as required by the President’s 

Management Agenda, FTA requests that 

all recipients of funding for capital 

projects under the Transit in Parks 

Program submit the following 

information annually: 

• Annual visitation to the land unit; 

• Annual number of persons who use 

the alternative transportation system 

(ridership/usage); 

• An estimate of the number of 

vehicle trips mitigated based on 

alternative transportation system usage 

and the typical number of passengers 

per vehicle; 

• Cost per passenger; and, 

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4284 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

• A note of any special services 

offered for those systems with higher 

costs per passenger but more amenities. 

Federal land management agencies 

should send this information as part of 

their fourth quarter report. Examples 

can be found on the program Web site 

at http://www.fta.dot.gov/Transit in 

Parks Program. 

All planning documents that result 

from Transit in Parks Program funding 

must be submitted to FTA within thirty 

days. These should also be submitted to 

Vanessa Williams. 

D. Technical Assistance 

FTA has established a technical 

assistance program to assist participants 

in planning, implementing, and 

evaluating alternative transportation 

projects. As part of FTA’s technical 

assistance efforts, FTA is in the process 

of establishing a National Alternative 

Transportation Technical Assistance 

Center which will carry out multiple 

planning, research and technical 

assistance initiatives. FTA anticipates 

that the Center will be operational by 

March 2009. For more information 

regarding the Technical Assistance 

Center, contact Julie Atkins, Office of 

Planning and Environment, at 202–366– 

4491, e-mail: Julie.atkins@dot.gov. 

In addition, a limited number of 

technical assistance visits are available 

to assist potential project sponsors in 

the initial stages of planning. Project 

sponsors or potential project sponsors 

may contact the relevant Federal land 

management agency headquarters 

contact (see ADDRESSES section) to 

request technical assistance. 

Issued in Washington, DC, this 14th day of 

January, 2009. 

Sherry E. Little, 

Acting Administrator. 

[FR Doc. E9–1258 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket FTA–2009–0003] 

Notice of Proposed Policy Statement 

for Eligible New Freedom Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: The Federal Transit 

Administration (FTA) is proposing to 

expand the type of projects it considers 

to be ‘‘beyond the ADA’’ and thus 

increase the types of projects eligible for 

funding under the New Freedom 

program. Under the proposed 

interpretation, new and expanded fixed 

route and demand responsive transit 

service designed to meet the needs of 

individuals with disabilities would be 

eligible projects. 

DATES: FTA must receive all comments 

by February 23, 2009. FTA will consider 

late-filed comments to the extent 

practicable. 

ADDRESSES: To ensure your comments 

are not entered more than once into the 

Docket, please identify your 

submissions with the following Docket 

No. FTA–2009–0003. Please make your 

submissions by only one of the 

following means: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Fax: 1–202–493–2251. 

U.S. Post or Express Mail: U.S. 

Department of Transportation, Docket 

Operations, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Ave., SE., Washington, DC 20590. 

Hand Delivery: The West Building of 

the U.S. Department of Transportation, 

1200 New Jersey Ave., SE., 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 the Docket number 

(FTA–2009–0003) at the beginning of 

your comment. You should include two 

copies of your comment if you submit 

it by mail. If you wish to receive 

confirmation that FTA received your 

comment, you must include a selfaddressed stamped postcard. Note that 

FTA will post all comments that it 

receives, including any personal 

information provided therein, without 

change to http://www.regulations.gov. 

Due to security procedures in effect 

since October 2001 regarding mail 

deliveries, mail received through the 

U.S. Postal Service may be subject to 

delays. Anyone submitting a comment 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. 

FOR FURTHER INFORMATION CONTACT: 

Bonnie L. Graves, Attorney-Advisor, 

Legislation and Regulations Division, 

Office of Chief Counsel, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590, phone: 

(202) 366–4011, fax: (202) 366–3809, or 

e-mail, Bonnie.Graves@dot.gov; or 

David Schneider, same address, (202) 

493–0175, or e-mail, 

David.Schneider@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The New Freedom Program (49 U.S.C 

5317) was established to fund capital 

and operating expenses that support 

new public transportation services and 

public transportation alternatives 

beyond those required by the Americans 

with Disabilities Act (ADA), in order to 

assist individuals with disabilities with 

transportation, including transportation 

to and from jobs and employment 

support services. 

When developing guidance for the 

New Freedom program, FTA initially 

proposed that ‘‘new public 

transportation services’’ and ‘‘public 

transportation alternatives beyond those 

required by the ADA’’ be considered 

separate categories of service. (See 71 

FR 13456, Mar. 15, 2006). Subsequent to 

this notice, FTA received feedback from 

the Congressional authors of the New 

Freedom program that projects that do 

not meet both criteria—new and beyond 

the ADA—are not eligible for funding. 

FTA also determined that projects are 

‘‘beyond the ADA’’ only if they allow a 

recipient to exceed its obligations under 

the ADA. For example, because the 

ADA and its implementing regulations 

at 49 CFR parts 37 and 38 provide very 

specific minimum requirements for 

complementary paratransit service 

when an agency provides fixed route 

service, New Freedom funds can be 

used to expand the scope of ADA 

complementary paratransit service 

beyond the minimum requirements 

stipulated in the ADA regulations at 49 

CFR part 37. On the other hand, the 

ADA does not require that a minimum 

level of public transit service be 

provided in any given area. Once 

service is provided, however, it must be 

ADA compliant, so FTA determined 

that projects to establish or expand fixed 

route or demand responsive service 

would not result in an agency exceeding 

its obligations under the ADA, and 

therefore would not be eligible for New 

Freedom funding. This interpretation 

was conveyed in subsequent Federal 

Register notices on the New Freedom 

program (71 FR 52610, Sept. 6, 2006, 

and 72 FR 14851, Mar. 29, 2007) and in 

the Frequently Asked Questions 

document on FTA’s website: http:// 

www.fta.dot.gov/funding/grants/ 

grants_financing_3549.html. 

Over the past several months, grant 

recipients have expressed concerns that 

FTA’s interpretation of which projects 

go ‘‘beyond the ADA’’ prevents agencies 

in rural and small urbanized areas with 

limited public transportation service 

from using New Freedom funds to 

provide new fixed route or demand 

response service targeted to meet the 

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