Federal Fiscal Year 2010 Annual List of Certifications and Assurances: Federal Transit Administration Grants and Cooperative Agreements

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Federal Register: October 19, 2009 (Volume 74, Number 200)

Notices

Page 53544-53578

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr19oc09-109

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Federal Fiscal Year 2010 Annual List of Certifications and

Assurances for Federal Transit Administration Grants and Cooperative

Agreements

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice.

SUMMARY: Pursuant to 49 U.S.C. 5323(n), FTA is authorized to consolidate the certifications and assurances required by Federal law or regulations for its programs into a single document. FTA is also required by 49 U.S.C. 5323(n) to publish a list of those certifications and assurances annually.

Appendix A of this Notice contains the comprehensive compilation of

FTA's Certifications and Assurances for Federal Fiscal Year (Federal

FY) 2010 applicable to the various Federal assistance programs that FTA will administer during that Federal FY. FTA's Certifications and

Assurances for Federal FY 2010 reflect Federal statutory, regulatory, and programmatic changes that have now become effective.

DATES: Effective Date: These FTA Certifications and Assurances are effective on October 1, 2009, the first day of Federal FY 2010.

FOR FURTHER INFORMATION CONTACT: FTA staff in the appropriate FTA

Regional Office or FTA Metropolitan Office listed below. For copies of other related documents, see the FTA Web site at http://www.fta.dot.gov or contact FTA's Office of Administration at 202-366-4022.

Region 1: Boston

States served: Connecticut (bus only), Maine, Massachusetts, New

Hampshire, Rhode Island, and Vermont. Telephone 617-494-2055.

Region 2: New York

States served: Connecticut (rail only), New York, and New Jersey.

Telephone 212-668-2170.

Region 3: Philadelphia

States served: Delaware, Maryland, Pennsylvania, Virginia, and West

Virginia. Telephone 215-656-7100.

Region 4: Atlanta

States served: Alabama, Florida, Georgia, Kentucky, Mississippi,

North Carolina, South Carolina, Tennessee, Territories served: Puerto

Rico and the U.S. Virgin Islands. Telephone 404-865-5600.

Region 5: Chicago

States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and

Wisconsin. Telephone 312-353-2789.

Region 6: Dallas/Ft. Worth

States served: Arkansas, Louisiana, New Mexico, Oklahoma, and

Texas. Telephone 817-978-0550.

Region 7: Kansas City

States served: Iowa, Kansas, Missouri, and Nebraska. Telephone 816-329-3920.

Region 8: Denver

States served: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. Telephone 720-963-3300.

Region 9: San Francisco

States served: Arizona, California, Hawaii, Nevada, Territories served: Guam, American Samoa, and the Northern Mariana Islands.

Telephone 415-744-3133.

Region 10: Seattle

States served: Alaska, Idaho, Oregon, and Washington. Telephone 206-220-7954.

Chicago Metropolitan Office

Area served: Chicago Metropolitan Area. Telephone 312- 886-1616.

Los Angeles Metropolitan Office

Area served: Los Angeles Metropolitan Area. Telephone 213-202-3950.

Lower Manhattan Recovery Office

Area served: Lower Manhattan. Telephone 212-668-1770.

New York Metropolitan Office

Area served: New York Metropolitan Area. Telephone 212- 668-2201.

Philadelphia Metropolitan Office

Area served: Philadelphia Metropolitan Area. Telephone 215-656-7070.

Washington DC Metropolitan Office

Area served: Washington DC Metropolitan Area. Telephone 202-219-3562/219-3565.

SUPPLEMENTARY INFORMATION: 1. Purposes

The purposes of this Notice are to:

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Publish FTA's Federal FY 2010 Certifications and

Assurances for Applicants for Federal assistance administered by FTA and the Projects for which they seek Federal assistance.

Highlight new changes to the FTA Certifications and

Assurances now in effect.

Identify locations where these FTA Certifications and

Assurances may be viewed, and

Provide directions for submitting these FTA Certifications and Assurances. 2. Background a. FTA's Responsibilities. Since Federal FY 1995, FTA has been consolidating the various certifications and assurances that may be required of its Applicants and their projects into a single document for publication in the Federal Register. FTA intends to continue publishing this document annually, when feasible in conjunction with its publication of the FTA annual apportionment notice, which sets forth the allocations of funds made available by the latest U.S.

Department of Transportation (U.S. DOT) annual appropriations act.

Because U.S. DOT's full-year appropriations for Federal FY 2010 were not signed into law on October 1, 2010 (the first day of Federal FY 2010), and have not yet been signed into law, FTA is proceeding with publication of its Certifications and Assurances for FY 2010. b. Applicant's Responsibilities. Irrespective of whether a project will be financed under the authority of 49 U.S.C. chapter 53, Title 23,

United States Code, or another Federal statute, the Applicant must submit Federal FY 2010 Certifications and Assurances to FTA applicable to all projects for which the Applicant seeks funding during Federal FY 2010.

FTA requests that an Applicant submit all of the twenty-four (24) categories of the Certifications and Assurances that may be needed for all projects for which the Applicant intends to or might seek Federal assistance in the Federal FY 2010. Selecting and submitting these

Certifications and Assurances to FTA signifies the Applicant's intent and ability to comply with all applicable provisions thereof.

In order to assure FTA that the Applicant is authorized under State and local law to certify compliance with the FTA Certifications and

Assurances it has selected, FTA requires the Applicant to obtain a current (Federal FY 2010) affirmation signed by the Applicant's attorney affirming the Applicant's legal authority to certify its compliance with the FTA Certifications and Assurances that the

Applicant has selected. The Applicant's attorney must sign this affirmation during Federal FY 2010. Irrespective of whether the

Applicant makes a single selection of all twenty-four (24) categories of FTA Certifications and Assurances or selects individual categories from the FTA Certifications and Assurances, the Affirmation of

Applicant's Attorney from a previous Federal FY is not acceptable, unless FTA expressly determines otherwise in writing. c. Effect of Subrecipient Participation. Absent a written determination by FTA to the contrary, the Applicant itself is ultimately responsible for compliance with the FTA Certifications and

Assurances it has selected even though the Project may be carried out in whole or in part by one or more subrecipients. Thus, if subrecipients will be participating in the Project, when the Applicant submits its FTA Certifications and Assurances, the Applicant is also signifying that it will be responsible for compliance, both of itself and of each of its subrecipients, with the provisions of the FTA

Certifications and Assurances it has selected. Therefore, in providing

Certifications and Assurances that necessarily involve the compliance of any prospective subrecipient, FTA strongly recommends that the

Applicant take the appropriate measures, including but not limited to obtaining sufficient documentation from each subrecipient participating in the project, to assure the validity of the Applicant's

Certifications and Assurances to FTA. 3. Significant Information About FTA's Certifications and Assurances for Federal FY 2010 a. Legal Implications

(1) Binding Commitments. Because the Applicant is required by

Federal law and regulations to comply with the applicable provisions of all FTA Certifications and Assurances it submits, it is important that the Applicant be familiar with the provisions of all twenty-four (24) categories of FTA Certifications and Assurances for Federal FY 2010.

The text of those Certifications and Assurances is contained in

Appendix A of this Notice, and also appears at http://www.fta.dot.gov/ documents/2010-Certs-Appendix.A.pdf, and in FTA's electronic award and management system, TEAM-Web, http://ftateamweb.fta.dot.gov, at the

``Cert's & Assurances'' tab of the ``View/Modify Recipients'' page in the ``Recipients'' option. Provisions of this Notice supersede conflicting statements in any FTA circular containing a previous version of FTA's annual Certifications and Assurances. The

Certifications and Assurances contained in those FTA circulars are merely examples, and are not acceptable or valid for Federal FY 2010.

An Applicant's annual Certifications and Assurances to FTA generally remain in effect for either the duration of the Grant or

Cooperative Agreement supporting the Project until the Project is closed out or for the duration of the Project or Project property when a useful life or industry standard is in effect, whichever occurs later. If, however, the Applicant provides Certifications and

Assurances to FTA in a later year that differ from the Certifications and Assurances previously provided, the later Certifications and

Assurances will apply to the Grant, Cooperative Agreement, Project, or

Project property, except to the extent FTA permits otherwise in writing.

(2) Penalties for Noncompliance. If the Applicant makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal government or includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal government in connection with a Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the

Federal government reserves the right to impose on the Applicant the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations,

``Program Fraud Civil Remedies,'' 49 CFR part 31, or the penalties of 49 U.S.C. 5323(l) invoking the criminal provisions of 18 U.S.C. 1001, or other applicable Federal law to the extent the Federal government deems appropriate.

(3) FTA's Certifications and Assurances Constitute Only a Partial

List of Federal Requirements. FTA cautions that the FTA Certifications and Assurances required by Federal law and regulations do not address all the Federal requirements that will apply to the Applicant and its

Project. FTA's Certifications and Assurances are generally pre-award requirements, i.e., those requirements of Federal law and regulations the Applicant must fulfill before FTA is legally authorized to award

Federal financial assistance to an Applicant.

(4) Other Federal Requirements. Because FTA's Certifications and

Assurances do not encompass all Federal requirements that will apply to the Applicant and its Project, FTA strongly encourages the Applicant to

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review the Federal authorizing legislation, regulations, and directives pertaining to the program or programs for which the Applicant seeks

Federal assistance. The FTA Master Agreement for Federal FY 2010 at http://www.fta.dot.gov/documents/16-Master.pdf identifies a substantial number of those Federal laws, regulations, and directives that apply to

Applicants and their various projects. b. Importance of FTA's Certifications and Assurances for Federal FY 2010. Following publication of these Certifications and Assurances, FTA may not award Federal financial assistance through a Federal Grant or

Cooperative Agreement until the Applicant submits all of the FTA

Certifications and Assurances for Federal FY 2010 pertaining to itself and its project as required by Federal laws and regulations. The

Applicant's Certifications and Assurances for Federal FY 2010 will be applicable to all projects for which it seeks Federal assistance during

Federal FY 2010 and through the next Federal FY until FTA issues its annual Certifications and Assurances for Federal FY 2011. c. Federal FY 2010 Changes. Apart from minor editorial revisions, significant matters concerning FTA's Certifications and Assurances include the following:

(1) In the Introductory paragraphs preceding the text of FTA's

Certifications and Assurances, the FTA Web site for the FTA Master

Agreement for Federal FY 2010 is identified as http://www.fta.dot.gov/ documents/16-Master.pdf.

(2) Certification (01)F.5(g) has been revised to substitute a more specific citation to the confidentiality provisions of the Public

Health Service Act of 1912, as amended, in lieu of the general citation to the Public Health Service Act of 1912.

(3) The text of Certification (02), ``Lobbying Certification,'' has been revised for consistency with terms used in the Transportation

Infrastructure Finance and Innovation Act, 23 U.S.C. chapter 6, and to add a reference to OMB's Standard Form-LLL, ``Disclosure of Lobbying

Activities,'' Rev. 7-97, currently in use.

(4) The heading of Certification (23) has been changed from

``Infrastructure Finance Projects'' to ``TIFIA Projects'' for clarity.

The acronym ``TIFIA'' has thus been substituted for the term

``Infrastructure Finance'' where used previously.

(5) Although the American Recovery and Reinvestment Act of 2009,

Public Law 111-5, February 17, 2009 (``Recovery Act'') requires the submission of certain certifications, as a condition of Recovery Act funding, Recovery Act certifications are submitted individually and separately as required by that Act, rather than as a part of FTA's

Annual Certifications and Assurances. For that reason, we have not added a new category for annual Recovery Act certifications and assurances. d. When to Submit. All Applicants for FTA formula program or capital program assistance, and current FTA Grantees with an active project financed with FTA formula program or capital program assistance, are expected to provide their FTA Certifications and

Assurances for Federal FY 2010 within 90 days from the date of this publication or as soon as feasible after their first application for

Federal assistance authorized or made available for Federal FY 2010, whichever is earlier. In addition, FTA encourages Applicants seeking

Federal assistance for other projects to submit their FTA

Certifications and Assurances to FTA as soon as possible to expedite awards of FTA assistance. 4. Ways To Submit FTA Certifications and Assurances

As further explained, FTA will accept an Applicant's Certifications and Assurances submitted either in TEAM-Web at http:// ftateamweb.fta.dot.gov, or on paper containing the text set forth on the Signature Page(s) of Appendix A of this Notice. In order of preference, FTA permits: a. Electronic Submission in Team-Web. An Applicant registered in

TEAM-Web must submit its FTA Certifications and Assurances, as well as its applications for Federal assistance in TEAM-Web. FTA prefers that other Applicants for Federal assistance submit their FTA Certifications and Assurances through TEAM-Web.

The TEAM-Web ``Recipients'' option at the ``Cert's & Assurances'' tab of the ``View/Modify Recipients'' page contains fields for selecting among the twenty-four (24) categories of FTA Certifications and Assurances to be submitted. There is also a field for entering a single selection covering all twenty-four (24) categories of FTA

Certifications and Assurances.

Within the ``Cert's & Assurances'' tab is a field for the

Applicant's authorized representative to enter his or her personal identification number (PIN), which constitutes the Applicant's electronic signature for the FTA Certifications and Assurances selected. In addition, there is a field for the Applicant's attorney to enter his or her PIN, affirming the Applicant's legal authority to make and comply with the FTA Certifications and Assurances the Applicant has selected. The Applicant's authorized representative may enter his or her PIN in lieu of the Attorney's PIN, provided that the Applicant has a current Affirmation of Applicant's Attorney as set forth in Appendix

A of this Notice, written and signed by the attorney in Federal FY 2010.

For more information, the Applicant may contact the appropriate FTA

Regional Office or Metropolitan Office listed in this Notice or the

TEAM-Web Helpdesk. b. Paper Submission. Only if the Applicant is unable to submit its

FTA Certifications and Assurances in TEAM-Web may the Applicant submit its FTA Certifications and Assurances on paper.

If an Applicant is unable to submit its FTA Certifications and

Assurances electronically, it must mark the categories of FTA

Certifications and Assurances it is making on the Signature Page(s) in

Appendix A of this Notice and submit them to FTA. The Applicant may signify compliance with all categories by placing a single mark in the appropriate space or select the categories applicable to itself and its projects.

The Applicant must enter its signature on the Signature Page(s) and must provide an Affirmation of Applicant's Attorney pertaining to the

Applicant's legal capacity to make and comply with the Certifications and Assurances the Applicant has selected. The Applicant may enter its signature in lieu of its Attorney's signature in the Affirmation of

Applicant's Attorney section of the Signature Page(s), provided that the Applicant has on file the Affirmation of Applicant's Attorney as set forth in Appendix A of this Notice, written and signed by the attorney and dated in Federal FY 2010.

For more information, the Applicant may contact the appropriate FTA

Regional Office or Metropolitan Office listed in this Notice.

Authority. 49 U.S.C. chapter 53; the Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A Legacy for Users

(SAFETEA-LU), as amended by the SAFETEA-LU Technical Corrections

Act, 2008, Public Law 110-244, June 6, 2008; Title 23, United States

Code (Highways); other Federal laws administered by FTA; U.S. DOT and FTA regulations at Title 49, Code of Federal Regulations; and

FTA Circulars.

Issued in Washington, DC, this 8th day of October 2009.

Peter M. Rogoff,

Administrator.

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FR Doc. E9-24922 Filed 10-16-09; 8:45 am

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