FTA Fiscal Year 2019 Apportionments, Allocations and Program Information

Citation84 FR 31984
Record Number2019-14248
Published date03 July 2019
SectionNotices
CourtFederal Transit Administration,Transportation Department
Federal Register, Volume 84 Issue 128 (Wednesday, July 3, 2019)
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
                [Notices]
                [Pages 31984-32005]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-14248]
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                DEPARTMENT OF TRANSPORTATION
                Federal Transit Administration
                FTA Fiscal Year 2019 Apportionments, Allocations and Program
                Information
                AGENCY: Federal Transit Administration (FTA), DOT.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: This notice provides priorities for programs in fiscal year
                (FY) 2019, announces the full-year apportionments and allocations for
                grant programs, provides contract authority, and describes plans for
                several competitive programs.
                FOR FURTHER INFORMATION CONTACT: For general information about this
                notice, contact Kimberly Sledge, Director, Office of Transit Programs,
                at (202) 366-2053. Please contact the appropriate FTA Regional Office
                for any specific requests for information or technical assistance. FTA
                Regional Office contact information is available on FTA's website:
                www.transit.dot.gov. An FTA headquarters contact for each major program
                area is included in the discussion of that program in the text of this
                notice. FTA recommends stakeholders subscribe on FTA's website:
                www.transit.dot.gov to receive email notifications when new information
                is available.
                SUPPLEMENTARY INFORMATION:
                Table of Contents
                I. Overview
                II. FY 2019 Funding for FTA Programs
                 A. Funding Available Under Division G of the Consolidated
                Appropriations Act, 2019 (Pub. L. 116-6)
                 B. Oversight Takedown
                 C. FY 2019 Formula Apportionments: Data and Methodology
                III. FY 2019 Program Highlights
                 A. Emergency Relief Docket
                 B. Policy Priorities
                 1. Random Drug Testing
                 2. Public Transportation Agency Safety Plans
                 C. FY 2019 Competitive Program Funding
                IV. FY 2019 Program-Specific Information
                 A. Metropolitan Planning Program (49 U.S.C. 5303 and 5305(d))
                 B. State Planning and Research Program (49 U.S.C. 5304 and
                5305(e))
                 C. Urbanized Area Formula Program (49 U.S.C. 5307)
                 D. Fixed Guideway Capital Investment Grants Program (49 U.S.C.
                5309)
                 E. Formula Grants for the Enhanced Mobility of Seniors and
                Individuals With Disabilities Program (49 U.S.C. 5310)
                 F. Formula Grants for Rural Areas Program (49 U.S.C. 5311)
                 G. Rural Transportation Assistance Program (49 U.S.C.
                5311(b)(3))
                 H. Appalachian Development Public Transportation Assistance
                Program (49 U.S.C. 5311(c)(2))
                 I. Formula Grants for Public Transportation on Indian
                Reservations Program (49 U.S.C. 5311(j))
                 J. Public Transportation Innovation (49 U.S.C. 5312)
                 K. Technical Assistance and Workforce Development (49 U.S.C.
                5314)
                 L. Public Transportation Emergency Relief Program (49 U.S.C.
                5324)
                 M. State Safety Oversight Formula Program (49 U.S.C. 5329)
                 N. State of Good Repair Grants Program (49 U.S.C. 5337)
                 O. Grants for Buses and Bus Facilities Program (49 U.S.C. 5339)
                 P. Growing States and High-Density States Formula Factors (49
                U.S.C. 5340)
                 Q. Washington Metropolitan Area Transit Authority Grants
                V. FTA Policy and Procedures for FY 2019 Grants
                 A. Automatic Pre-Award Authority to Incur Project Costs
                 B. Letter of No Prejudice (LONP) Policy
                 C. FY 2019 Annual List of Certifications and Assurances
                 D. Civil Rights Requirements
                 E. Consolidated Planning Grants
                 F. Grant Application Procedures
                 G. Grant Management
                I. Overview
                 This document provides notice to stakeholders that FTA is
                apportioning the full Fiscal Year (FY) 2019 authorized contract
                authority through September 30, 2019 for FTA formula and competitive
                programs pursuant to Division G of the Consolidated Appropriations Act,
                2019 (Pub. L. 116-6). In addition, this document contains important
                information about FTA programs, statutory requirements, and policy
                priorities.
                 For each FTA program, FTA has provided information on the FY 2019
                authorized funding levels, the basis for apportionment or allocation of
                funds, requirements specific to the program, the period of availability
                of funds, and other program information. A separate section provides
                information on pre-award authority as well as other requirements
                applicable to FTA programs and grant administration. Finally, the
                notice includes a reference to tables on FTA's website that show new
                contract authority apportioned and made available through September 30,
                2019.
                 Information in this document includes references to existing FTA
                program guidance and circulars. Some information in FTA's guidance
                documents and circulars may have been superseded by new provisions in
                the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-
                94), but these guidance documents and circulars remain a resource for
                program management in most areas.
                II. FY 2019 Funding for FTA Programs
                A. Funding Available Under Division G of the Consolidated
                Appropriations Act, 2019
                 Division G of the Consolidated Appropriations Act, 2019 (Pub. L.
                116-6) (``Consolidated Appropriations Act,
                [[Page 31985]]
                2019'') makes $13.4 billion in funding available for FTA programs
                through September 30, 2019. The Consolidated Appropriations Act, 2019
                provides funding from the Mass Transit Account at the amounts
                authorized by the FAST Act for FY 2019, along with an additional $700
                million in general funds for transit infrastructure grants including:
                $350 million for Section 5339 Grants for Buses and Bus Facilities, $263
                million for the Section 5337 State of Good Repair grants program, $40
                million for the Section 5311 Formula Grants for Rural Areas, $40
                million for the Section 5340 High Density States Apportionments, $1
                million for the Section 5318 Bus Testing] Facility, and $6 million for
                low and no emission vehicle testing facilities. Current funding
                availability for each program is identified in section IV of this
                notice and in Table 1 located on FTA's FY 2019 Apportionment web page:
                www.transit.dot.gov/funding/apportionments.
                B. Oversight Takedown
                 Section 5338(f) of title 49, United States Code (all subsequent
                statutory references are to title 49, United States Code unless
                otherwise noted) provides for the following oversight takedowns of FTA
                programs: 0.5 percent of Metropolitan and Statewide Planning funds,
                0.75 percent of Urbanized Area Formula Grant funds, 1 percent of Fixed
                Guideway Capital Investment Grants funds, 0.5 percent of Formula Grants
                for the Enhanced Mobility of Seniors and Individuals with Disabilities
                funds, 0.5 percent of Formula Grants for Rural Areas funds, 1 percent
                of State of Good Repair Formula Grants funds, 0.75 percent of Grants
                for Buses and Bus Facilities funds, and 1 percent of funds for Capital
                and Preventive Maintenance Projects for grants to the Washington
                Metropolitan Area Transit Authority. FTA uses the funds to provide
                necessary oversight activities, such as oversight of the construction
                of any major capital project receiving Federal public transportation
                assistance; to conduct State Safety Oversight, drug and alcohol, civil
                rights, procurement systems, management, planning certification, and
                financial management reviews and audits; evaluations and analyses of
                grantee-specific problems and issues; and to generally provide
                technical assistance and correct deficiencies identified in compliance
                reviews and audits.
                C. FY 2019 Formula Apportionments: Data and Methodology
                1. Apportionment Tables
                 FTA publishes apportionment tables on its website for each program
                that reflects the funding level in the full-year appropriations act
                less oversight take-downs, as applicable. FTA has posted tables
                displaying the funds available to eligible states, tribes, and
                urbanized areas to www.transit.dot.gov/funding/apportionments. This
                website contains a page listing the apportionment and allocation tables
                for FY 2019, links to prior year formula apportionment notices and
                tables, and the National Transit Database (NTD) and Census data used to
                calculate the FY 2019 apportionments.
                2. National Transit Database (NTD) and Census Data Used in the FY 2019
                Apportionments
                 Consistent with past practices, the apportionments calculations for
                Sections 5307, 5311 (including 5311(j) (Tribal Transit)), 5329, 5337,
                and 5339 rely on the most-recent transit service data reported to the
                NTD, which for FY 2019 is the 2017 report year. In some cases, where an
                apportionment is based on the age of the system, the age is calculated
                as of September 30, 2018, the last day before FY 2019 began. Recipients
                or beneficiaries of either Section 5307 or 5311 funds are required to
                report to the NTD. Additionally, several transit operators report to
                the FTA's NTD on a voluntary basis. For the 2017 report year, the NTD
                includes data from 939 reporters in urbanized areas, 920 of which
                reported operating transit service. The NTD also includes data from
                1,495 providers of rural transit service, which includes 131 Indian
                Tribes providing transit service.
                 The 2010 Census data is used to determine population and population
                density for Sections 5303, 5305, 5307 and 5339 as well as rural
                population and rural land area for the 5311 program. The formulas for
                Sections 5307, 5311, and 5311(j) include tiers where funding is
                allocated based on the number of persons living in poverty, and the
                Section 5310 formula program allocates funding based on the population
                of older adults and people with disabilities. The Census Bureau no
                longer publishes decennial census data on persons living in poverty and
                persons with disabilities. As a result, since FY 2013, FTA has used the
                data for these populations available via the Census' American Community
                Survey (ACS). The NTD and Census data that FTA used to calculate the
                apportionments associated with this notice can be found on FTA's
                website: www.transit.dot.gov/funding/apportionments.
                 The FY 2019 apportionments use data on low-income persons, persons
                with disabilities, and older adults from the 2012-2016 ACS five-year
                data set, which was published in August 2017. This data represents the
                most recent five-year ACS estimates that are available as of October 1
                for the year being apportioned. As was the case in prior years, data on
                low-income persons comes from ACS Table B17024, ``Age by Ratio of
                Income to Poverty in the Last Twelve Months,'' and data on people with
                disabilities under 65 years old comes from ACS Table S1810,
                ``Disability Characteristics.'' Data on older adults (over 65 years
                old) comes from ACS Table B01001, ``Sex by Age.''
                III. FY 2019 Program Highlights
                A. Emergency Relief Docket
                 On March 7, 2019 FTA announced the establishment of an Emergency
                Relief Docket for calendar year 2019. See https://federalregister.gov/d/2019-04110 for more information. After an emergency or major
                disaster, if FTA requirements impede a grantee or subgrantee's ability
                to respond to the emergency or major disaster, a grantee or subgrantee
                may submit a request for temporary relief from FTA administrative and
                statutory requirements. A grantee or subgrantee seeking relief must
                submit a petition for waiver of FTA requirements at www.regulations.gov
                for posting in the docket (FTA-2019-0001). For additional information
                on the Emergency Relief Docket, please contact the appropriate FTA
                Regional Office.
                B. Policy Priorities
                 As FTA implements its programs, it is particularly focused on the
                following policy priority areas in FY 2019.
                1. Random Drug Testing
                 FTA is required to annually publish random testing rates for public
                transportation employees subject to the requirements of the FTA's Drug
                and Alcohol Testing regulation (49 CFR part 655). As mandated by its
                regulation, effective January 1, 2019, FTA increased the required
                minimum rate of random drug testing from 25 percent to 50 percent of
                covered employees for recipients of financial assistance under 49
                U.S.C. 5307, 5309, 5311, and 5339. The increase to the drug testing
                rate results from a recent rise in the proportion of violations
                identified through random drug testing. The
                [[Page 31986]]
                minimum random alcohol testing rate will remain at 10 percent.
                 For information related to drug and alcohol testing, please visit
                the FTA website: https://www.transit.dot.gov/drug-alcohol-program.
                2. Public Transportation Agency Safety Plans
                 Federal public transportation law at 49 CFR part 673 requires
                public transportation systems that receive Federal financial assistance
                under 49 U.S.C. Chapter 53 to develop Public Transportation Agency
                Safety Plans by July 20, 2020. Specifically, recipients of Section 5307
                Urbanized Area Formula Program funds and all rail fixed guideway public
                transportation systems that receive Federal financial assistance must
                develop a Public Transportation Agency Safety Plan that adopts and
                implements Safety Management System principles and methods. Recipients
                also must certify compliance with this regulation annually, update
                their Public Transportation Agency Safety Plan annually, set safety
                performance targets in their plans, and coordinate their Public
                Transportation Agency Safety Plan elements with other FTA programs and
                rules, as specified in 49 U.S.C. 5303, 5304, and 5329. For more
                information on the requirements, please visit the FTA website:
                www.transit.dot.gov/PTASP.
                C. FY 2019 Competitive Program Funding
                 FTA's competitive grants programs and the FY 2019 appropriated
                funding levels are identified in the chart below. FTA selects projects
                for funding after issuance of a Notice of Funding Opportunity.
                Additional information about each competitive program is in Section III
                of this notice.
                ------------------------------------------------------------------------
                 2019
                 appropriated
                 FY 2019 competitive programs Statute 49 U.S.C. funding level
                 (in millions)
                ------------------------------------------------------------------------
                Passenger Ferry Grant Program..... 5307(h)............. $30.00
                Innovative Coordinated Access and FAST Section 3006(b) 3.50
                 Mobility Grants Pilot Program.
                Tribal Transit.................... 5311(c)(1)(A)....... 5.00
                Grants for Buses and Bus 5339(b)............. 423.22
                 Facilities Competitive Program.
                Low or No Emission Grants 5339(c)............. 85.00
                 Competitive Program.
                TOD Planning Pilot Program........ MAP-21 Section 10.00
                 20005(b).
                ------------------------------------------------------------------------
                IV. FY 2019 Program-Specific Information
                A. Metropolitan Planning Program (49 U.S.C. 5303 and 5305(d))
                 Section 5305(d) authorizes Federal funding to support a
                cooperative, continuous, and comprehensive planning program for
                transportation investment decision-making at the metropolitan area
                level. The specific requirements of metropolitan transportation
                planning are set forth in 49 U.S.C. 5303 and further explained in 23
                CFR part 450, as incorporated by reference in 49 CFR part 613, Planning
                Assistance and Standards. The State DOTs are the designated recipients
                of Metropolitan Planning Programs (MPP) and State Planning and Research
                Program (SPRP) funds allocated by FTA, which are then sub-allocated to
                Metropolitan Planning Organizations (MPOs) for planning activities that
                support the economic vitality of the metropolitan area. The Secretary
                has the discretion to award MPP and SPRP assistance to States,
                authorities of States, MPOs, and local governmental authorities.
                 Each MPO must establish specific performance targets against system
                performance measures issued by U.S. DOT, and use these in tracking
                progress towards attaining critical outcomes. The MPO must coordinate
                with States and transit providers in setting these targets. MPOs must
                provide a system performance report that evaluates progress in meeting
                the performance targets in comparison with the system performance
                identified in prior reports.
                 MPP funding must support work resulting in balanced and
                comprehensive intermodal transportation planning for the movement of
                people and goods in the metropolitan area. Comprehensive transportation
                planning is not limited to transit planning or surface transportation
                planning, but also encompasses the relationships among land use and all
                transportation modes, without regard to the programmatic source of
                Federal assistance. MPP funds may be used for studies relating to
                management, mobility management, planning, operations, capital
                requirements, economic feasibility, performance-based planning, safety,
                and transit asset management. Funds may be used to develop or update
                the metropolitan planning agreements, and to evaluate previously funded
                projects or to conduct peer reviews and exchanges of technical data,
                information, or assistance, among MPOs and other transportation
                planners. Funds may be used for planning for multimodal transportation
                access to transit facilities; system planning; scenario planning;
                corridor-level alternative analysis; development of federally required
                documents; safety, security and emergency transportation planning;
                coordinated public transit human services transportation planning; and
                public participation in the transportation planning, including the
                development of the Public Participation Plan. An exhaustive list of
                eligible work activities is provided in FTA Circular 8100.1D, Program
                Guidance for Metropolitan Planning and State Planning and Research
                Program Grants, dated September 10, 2018.
                 For more information or questions on the Metropolitan Planning
                program, please contact Victor Austin at (202) 366-2996 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $139,087,757 to carry
                out section 5305. Of the amounts authorized for Section 5305, 82.72
                percent, or $115,053,393, is made available to the Metropolitan
                Planning Program in FY 2019 to provide financial assistance for
                metropolitan planning needs under Section 5303.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $115,053,393 is
                available to the Metropolitan Planning Program (Section 5305(d)) to
                support metropolitan transportation planning activities set forth in
                Section 5303. The total amount apportioned for the Metropolitan
                Planning Program to States for use by MPOs in urbanized areas (UZAs) is
                $114,478,126 as shown in the table below, after the deduction for
                oversight (authorized by Section 5338).
                [[Page 31987]]
                 Metropolitan Planning Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $115,053,393
                Oversight Deductions.................................... (575,267)
                 ---------------
                 Total Apportioned..................................... $114,478,126
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 Of the amounts authorized for Section 5305, 82.72 percent is made
                available to the Metropolitan Planning Program. As a subset of the
                Metropolitan Planning Program funds, FTA apportions 80 percent to the
                states by statutory formula based on the most recent decennial Census
                for each State's UZA population. The remaining 20 percent is provided
                to the States based on an FTA administrative formula to address
                planning needs in larger, more complex UZAs. The amount published for
                each State includes this supplemental allocation.
                4. Requirements
                 The States allocate Metropolitan Planning funds to MPOs in UZAs or
                portions thereof to provide funds for planning projects included in a
                one or two-year program of planning work activities (the Unified
                Planning Work Program, or UPWP) that includes multimodal systems
                planning activities spanning both highway and transit planning topics.
                Each State has either reaffirmed or developed, in consultation with its
                MPOs, an allocation formula among MPOs within the State, based on the
                2010 Census. The allocation formula among MPOs in each State may be
                changed annually, but any change requires approval by the FTA Regional
                Office before grant approval. Program guidance for the Metropolitan
                Planning Program is found in FTA Circular 8100.1D, Program Guidance for
                Metropolitan Planning and State Planning and Research Program Grants,
                dated September 10, 2018.
                5. Period of Availability
                 The Metropolitan Planning program funds apportioned in this notice
                are available for obligation during FY 2019 plus three additional
                fiscal years. Funds apportioned in FY 2019 must be obligated in grants
                by September 30, 2022. Any FY 2019 apportioned funds that remain
                unobligated at the close of business on September 30, 2022, will revert
                to FTA for reapportionment under the Metropolitan Planning Program.
                B. State Planning and Research Program (49 U.S.C. 5304 and 5305(e))
                 This program provides financial assistance to States for statewide
                transportation planning and other technical assistance activities,
                including supplementing the technical assistance program provided
                through the Metropolitan Planning program and planning support for non-
                urbanized areas. The specific requirements of Statewide transportation
                planning are set forth in 49 U.S.C. 5304 and further explained in 23
                CFR part 450 as referenced in 49 CFR part 613, Planning Assistance and
                Standards. State DOTs are required to reference performance measures
                and performance targets within the Statewide Planning process. This
                funding must support work resulting in balanced and comprehensive
                intermodal transportation planning for the movement of people and goods
                and has the same eligibilities as MPP funds.
                 For more information or questions on the State Planning and
                Research program, please contact Victor Austin at (202) 366-2996 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $24,034,364 in FY
                2019, to provide financial assistance for statewide planning and other
                technical assistance activities under Section 5305. As specified in
                law, this represents the 17.28 percent of the amounts available for
                Section 5305 that are allocated to the Statewide Planning and Research
                program.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $24,034,364 is
                available for the State Planning and Research Program (Section
                5305(e)). The total amount apportioned for the State Planning and
                Research Program (SPRP) is $23,914,193 as shown in the table below,
                after the deduction for oversight (authorized by Section 5338).
                 Statewide Transportation Planning Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $24,034,364
                Oversight Deductions.................................... (120,171)
                 ---------------
                 Total Apportioned..................................... 23,914,193
                ------------------------------------------------------------------------
                States' apportionments for this program are displayed in Table 2.
                3. Basis for Formula Apportionment
                 Of the amount authorized for Section 5305, 17.28 percent is
                allocated to the State Planning and Research program. FTA apportions
                funds to States by a statutory formula that is based on the most recent
                decennial Census data available, specifically, the State's UZA
                population as compared to the UZA population of all States.
                4. Requirements
                 Funds are provided to States for Statewide transportation planning
                programs. These funds may be used for a variety of purposes such as
                planning, technical studies and assistance, performance-based planning,
                demonstrations, and management training. In addition, a State may
                authorize a portion of these funds to be used to supplement
                Metropolitan Planning funds allocated by the State to its UZAs, as the
                State deems appropriate.
                 Program guidance for the State Planning and Research program is
                found in FTA Circular 8100.1D, Program Guidance for Metropolitan
                Planning and State Planning and Research Program Grants, dated
                September 10, 2018.
                5. Period of Availability
                 The State Planning and Research program funds apportioned in this
                notice are available for obligation during FY 2019 plus three
                additional fiscal years. Accordingly, funds apportioned in FY 2019 must
                be obligated in grants by September 30, 2022. Any FY 2019 apportioned
                funds that remain unobligated at the close of business on September 30,
                2022 will revert to FTA for reapportionment under the State Planning
                and Research program.
                C. Urbanized Area Formula Program (49 U.S.C. 5307)
                 The Urbanized Area Formula Program provides financial assistance to
                designated recipients in urbanized areas (UZAs) for capital investments
                in public transportation systems, planning, job access and reverse
                commute projects, and, in some cases, operating assistance. FTA
                apportions funds for this program through a statutory formula. Of the
                amount authorized for Section 5307 each year, $30 million is set aside
                for the competitive Passenger Ferry Grant Program (Ferry program), as
                authorized under 49 U.S.C. 5307(h). The Ferry program offers financial
                assistance to public ferry systems in urbanized areas for capital
                projects. Projects are selected annually through a funding competition.
                Additionally, 0.5 percent will be apportioned to eligible States for
                State Safety Oversight (SSO) Program grants, and 0.75 percent will be
                set aside for program oversight. Further information on the 0.5 percent
                apportionment to States for the State Safety Oversight Program is
                provided in section IV.M. of this notice.
                 For more information or questions on the Urbanized Area Formula
                Program, contact Tara Clark at (202) 366-2623 or [email protected].
                For more
                [[Page 31988]]
                information on the Ferry Program, contact Vanessa Williams at (202)
                366-4818 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $4,827,117,606 in FY
                2019 to provide financial assistance for urbanized areas under Section
                5307.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $5,262,516,268 is
                available for the Urbanized Area Formula program, which includes the
                addition of reapportioned funds and amounts apportioned to UZAs
                pursuant to the Section 5340 Growing States and High-Density States
                Formula factors. This amount to UZAs excludes the set-aside of $30
                million for the Ferry program, apportionments under the State Safety
                Oversight Program, and oversight (authorized by Section 5338), as shown
                in the table below:
                 Urbanized Area Formula Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available......................... \a\
                 $4,827,117,606
                Oversight Deduction................................... -36,203,382
                State Safety Oversight Program........................ -24,135,588
                Ferry Discretionary Program........................... -30,000,000
                5340 High Density States.............................. 308,004,054
                5340 Growing States................................... 209,758,739
                Reapportioned Funds................................... 7,974,839
                rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                 Total Apportioned................................... $5,262,516,268
                rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                ------------------------------------------------------------------------
                \a\ Includes 1.5 percent set-aside for Small Transit Intensive Cities
                 Formula Table 3 displays the amounts apportioned under the Urbanized
                 Area Formula Program.
                3. Basis for Formula Apportionment
                 FTA apportions Urbanized Area Formula Program funds based on
                statutory formulas. Congress established four separate formulas to
                apportion available funding: The Section 5307 Urbanized Area Formula
                Program formula, the Small Transit Intensive Cities (STIC) formula, the
                Growing States and High-Density States formula, and a formula based on
                low-income population.
                 Consistent with prior apportionment notices, Table 3 shows a total
                Section 5307 apportionment for each UZA, which includes amounts
                apportioned under each of these formulas. Detailed information about
                the formulas is provided in Table 4. For technical assistance purposes,
                the UZAs that receive STIC funds are listed in Table 6. FTA will
                provide breakouts of the funding allocated to each UZA under these
                formulas upon request to the FTA Regional Office.
                 FTA has calculated dollar unit values for the formula factors used
                in the Urbanized Area Formula Program apportionment calculations. These
                values represent the amount of money each unit of a factor is worth in
                this year's apportionment. The unit values change each year, based on
                all data used to calculate the apportionments, as well as the amount
                appropriated by Congress for the apportionment. The dollar unit values
                for FY 2019 are displayed in Table 5. To replicate the basic formula
                component of a UZA's apportionment, multiply the dollar unit value by
                the appropriate formula factor (i.e., the population, population x
                population density), and when applicable, data from the NTD (i.e.,
                route miles, vehicle revenue miles, passenger miles, and operating
                cost).
                a. Section 5307--Urbanized Area Formula
                 For UZAs between 50,000 and 199,999 in population, the Urbanized
                Area Formula is primarily based on population and population density.
                For UZAs with populations of 200,000 or more, the formula is based on
                population and population density, as well as a combination of bus
                revenue vehicle miles, bus passenger miles, bus operating costs, fixed
                guideway vehicle revenue miles, and fixed guideway route miles, either
                within the UZA or attributable to the UZA. The Urbanized Area Formula
                is defined in 49 U.S.C. 5336. Consistent with Section 5336(b), FTA has
                included 27 percent of the fixed guideway directional route miles and
                vehicle revenue miles from eligible urbanized area transit systems, but
                which were attributable to rural areas outside of the urbanized areas
                from which the system receives funds.
                b. Small Transit Intensive Cities Formula
                 Under the Small Transit Intensive Cities (STIC) formula, FTA
                apportions 2 percent of the funds made available for Section 5307 to
                UZAs that are under 200,000 in population and have public
                transportation service that operates at a level equal to or above the
                industry average for UZAs with a population of at least 200,000, but
                not more than 999,999. STIC funds are apportioned based on six
                performance categories: Passenger miles traveled per vehicle revenue
                mile, passenger miles traveled per vehicle revenue hour, vehicle
                revenue miles per capita, vehicle revenue hours per capita, passenger
                miles traveled per capita, and passengers per capita. In FY 2019, the
                STIC set aside increased from 1.5 percent to 2 percent. The data used
                to determine a UZA's eligibility under the STIC formula and to
                calculate the STIC apportionments was obtained from the NTD for the
                2017 reporting year. Because performance data change with each year's
                NTD reports, the UZAs eligible for STIC funds and the amount each
                receives may vary each year. UZAs that received funding through the
                STIC formula for FY 2019 are listed in Table 6.
                c. Section 5340--Growing States and High-Density States Formula
                 FTA also apportions funds to qualifying UZAs and States according
                to the Section 5340 Growing States and High-Density States formula, as
                shown in Table 3. More information on this program and its formula is
                found in Section IV.P. of this notice.
                d. Low-Income Population
                 Of the amount authorized and appropriated for the Urbanized Area
                Formula Program in each year, 3.07 percent is apportioned based on the
                low-income population. As specified in statute, FTA apportions 75
                percent of the available funds to UZAs with a population of 200,000 or
                more. Funds are apportioned based on the ratio of the number of low-
                income individuals in each UZA to the total number of low-income
                individuals in all urbanized areas of that size. FTA apportions the
                remainder of the funds (25 percent) to UZAs with populations of less
                than 200,000, per an equivalent formula. The low-income populations
                used for this calculation were based on the American Community Survey
                (ACS) data set for 2012-2016. This information is updated by the Census
                Bureau annually.
                4. Requirements
                 To comply with or maintain compliance with the Clean Air Act (CAA)
                or the Americans with Disabilities Act (ADA) of 1990, the maximum
                Federal share for the Urbanized Area Formula Program, including the
                Passenger Ferry Program, is 85 percent for the net project cost of
                acquiring vehicles (including clean-fuel or alternative fuel). The
                maximum Federal share is 90 percent of the net project cost for
                acquiring vehicle-related equipment or facilities (including clean-fuel
                or alternative-fuel vehicle-related equipment or facilities) for
                complying with or maintaining compliance with the CAA or ADA.
                 Program guidance for the Urbanized Area Formula Program is provided
                in FTA Circular 9030.1E, Urbanized Area Formula Program: Program
                Guidance
                [[Page 31989]]
                and Application Instructions, dated January 16, 2014.
                5. Period of Availability
                 Funds made available under the Urbanized Area Formula Program are
                available for obligation during the year of apportionment plus five
                additional years. Accordingly, funds apportioned in FY 2019 must be
                obligated by September 30, 2024. Any FY 2019 apportioned funds that
                remain unobligated at the close of business on September 30, 2024 will
                revert to FTA for reapportionment under the Urbanized Area Formula
                Program. Funds allocated under the Passenger Ferry program have the
                same period of availability as Section 5307. Accordingly, funds
                allocated in FY 2019 must be obligated by September 30, 2024. Any of
                the funds allocated in FY 2019 that remain unobligated at the close of
                business on September 30, 2024 will revert to FTA for reallocation
                under the Passenger Ferry program.
                D. Fixed Guideway Capital Investment Grants Program (49 U.S.C. 5309)
                 The Capital Investment Grants (CIG) Program includes four types of
                eligible projects: New Starts projects, Small Starts projects, Core
                Capacity Improvement projects, and Programs of Inter-related Projects.
                Funding is provided for construction of: (1) New fixed guideway systems
                or extensions to existing fixed guideway systems such as rapid rail
                (heavy rail), commuter rail, light rail, trolleybus (using overhead
                catenary), cable car, passenger ferries, and bus rapid transit
                operating on an exclusive transit lane for the majority of the corridor
                length during peak periods that also includes features that emulate the
                services provided by rail fixed guideway, including defined stations,
                traffic signal priority for public transit vehicles, and short headway
                bi-directional service for a substantial part of weekdays and weekends;
                (2) corridor-based bus rapid transit service that does not operate on
                an exclusive transit lane but includes features that emulate the
                services provided by rail fixed guideway, including defined stations,
                traffic signal priority for public transit vehicles, and short headway
                bi-directional services for a substantial part of weekdays; (3)
                projects that expand the capacity by at least 10 percent in an existing
                fixed guideway corridor that is at capacity today or will be in five
                years; and (4) programs of two or more interrelated projects as
                described above that have logical connectivity with one another and
                will all begin construction in a reasonable timeframe. FAST Act Section
                3005(b) authorizes an Expedited Project Delivery for the CIG Pilot
                Program.
                 For more information about the Capital Investment Grant program
                contact Elizabeth Day, Office of Capital Project Development, at (202)
                366-5159 or [email protected]. For information about published
                allocations contact Eric Hu, Office of Transit Programs, at (202) 366-
                0870 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $2,301,785,760 in FY
                2019, to provide financial assistance for Capital Investment Grants
                under Section 5309 and Section 3005(b) of the FAST Act.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $2,552,687,000 is
                available for Capital Investment Grants for the Fixed Guideway Capital
                Investment Grants Program and the FAST Act Section 3005(b) Expedited
                Project Delivery for CIG Pilot Program. The Consolidated Appropriations
                Act, 2019 requires that $2,169,783,950 of the amount available must be
                obligated by December 31, 2020. The funds are allocated in the
                following manner: $1,265,670,000 for New Starts projects; $635,000,000
                for Core Capacity projects; $526,500,000 for Small Starts projects;
                $100,000,000 for FAST Act Section 3005(b) Expedited Project Delivery
                for CIG Pilot Program projects and $25,517,000 for Oversight. The total
                amount available for projects is $2,527,170,000 as shown in the table
                below, after the deduction for oversight (authorized by Section 5338).
                 Capital Investment Grants Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available......................... $2,552,687,000
                Oversight Deduction................................... (25,517,000)
                 -----------------
                 * Total Apportioned................................. $2,527,170,000
                ------------------------------------------------------------------------
                * Of the total amount apportioned, $2,169,783,950 shall be obligated by
                 December 31, 2020.
                3. Basis for Allocation
                 Funds are allocated on a competitive basis and subject to program
                evaluation.
                4. Requirements
                 Projects become candidates for funding under the Capital Investment
                Grants Program by successfully completing steps in the process defined
                in Section 5309 and obtaining a satisfactory rating under the
                statutorily defined criteria. For New Starts and Core Capacity
                Improvement projects, the steps in the process include project
                development, engineering, and construction. For Small Starts projects,
                the steps in the process include project development and construction.
                For programs of interrelated projects, the steps in the process depend
                on the combination of project types included. FTA issued a Request for
                Expressions of Interest to Participate in the FAST Act Section 3005(b)
                Expedited Project Delivery Pilot Program in the Federal Register on
                September 12, 2018, with submissions due on November 13, 2018.
                5. Period of Availability
                 Capital Investment Grant program funds apportioned in this notice
                are available for obligation during FY 2019 plus three additional
                fiscal years. Accordingly, funds apportioned in FY 2019 must be
                obligated in grants by September 30, 2022, except $2,169,783,950 that
                must be obligated by December 31, 2020.
                E. Formula Grants for the Enhanced Mobility of Seniors and Individuals
                With Disabilities Program (49 U.S.C. 5310)
                 The Section 5310 Enhanced Mobility of Seniors and Individuals with
                Disabilities Program provides formula funding to states and urbanized
                areas for meeting the transportation needs of older adults and people
                with disabilities when the public transportation service provided is
                unavailable, insufficient, or inappropriate to meet these needs. The
                program aims to improve mobility for seniors and individuals with
                disabilities by removing barriers to transportation service and
                expanding transportation mobility options. The Pilot Program for
                Innovative Coordinated Access and Mobility Program (Pilot Program) was
                established by Section 3006(b) of the FAST Act. The purpose of the
                program is to assist in financing innovative projects for the
                transportation disadvantaged that improve the coordination of
                transportation services and non-emergency medical transportation (NEMT)
                services, including, for example, the deployment of coordination
                technology, and projects that create or increase access to community
                One-Call/One-Click Centers.
                 For more information or questions on the Enhanced Mobility of
                Seniors and Individuals with Disabilities program, please contact Kelly
                Tyler at (202) 366-3102 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $279,646,188 in FY
                2019 to provide formula funding to designated
                [[Page 31990]]
                recipients and states for meeting the transportation needs of older
                adults and people with disabilities. The law also authorizes $3.50
                million for the competitive Pilot Program.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $279,646,188 is
                available for the Section 5310 formula program. The total amount
                apportioned is $281,247,957 after the oversight deduction of $1,398,231
                as shown in the table below, and a total of $3,500,000 is available for
                the competitive Pilot Program.
                Formula Grants for the Enhanced Mobility of Seniors and Individuals With
                 Disabilities Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $279,646,188
                Oversight Deduction..................................... (1,398,231)
                 ---------------
                 Total Apportioned..................................... $278,247,957
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 Sixty percent of the funds are apportioned among designated
                recipients for urbanized areas with a population of 200,000 or more
                individuals. Twenty percent of the funds are apportioned among the
                States for urbanized areas with a population of at least 50,000 but
                less than 200,000. Twenty percent of the funds are apportioned among
                the States for rural areas, defined as areas with a population less
                than 50,000. Census Data on Older Adults and People with Disabilities
                is used for the Section 5310 program apportionments. FY 2019
                Apportionments Table 8 displays the amounts apportioned under the
                Enhanced Mobility of Seniors and Individuals with Disabilities Program.
                Under the Section 5310 formula, funds are allocated using Census data
                on older adults (i.e., persons 65 and older) and people with
                disabilities. However, beginning in 2010, the Census Bureau stopped
                collecting this demographic information as part of its decennial
                census. Data on seniors and people with disabilities is now only
                available from the American Community Survey (ACS), which is conducted
                and published on a rolling basis. FTA's FY 2019 Section 5310
                apportionments incorporate ACS data published in August 2017. Data on
                seniors comes from the ACS 2012-2016 five-year data set, Table B01001,
                ``Sex by Age.'' Data on persons with disabilities comes from the ACS
                2012-2016 five-year data set, Table S1810, ``Disability
                Characteristics.''
                4. Requirements
                 At least 55 percent of program funds must be used on traditional
                Section 5310 projects such as buses and vans; wheelchair lifts, ramps,
                and securement devices; or transit-related information technology
                systems including scheduling, routing, one-call systems. Mobility
                management programs are also defined as capital projects for purposes
                of this provision. The acquisition of transportation services under a
                contract, lease, or other arrangement is also eligible; both the
                capital and operating costs associated with contracted service are
                eligible capital expenses for purposes of this provision. The capital
                eligibility of acquisition of services is limited to the Section 5310
                program. The remaining 45 percent of a recipient's 5310 funds may be
                used for capital expenses or operating assistance.
                a. Eligible Recipients
                 Eligible recipients include States for rural and small urban areas
                and designated recipients for large urban areas; or a State or local
                governmental entity that operates a public transportation service. For
                urbanized areas, less than 200,000 in population and in the rural
                areas, the State is the designated recipient for Section 5310. Current
                Section 5310 designations remain in effect until changed by the
                Governor of a State by officially notifying the appropriate FTA
                Regional Administrator of re-designation. A State or local governmental
                entity that operates a public transportation service may be a direct
                recipient for Section 5310 funds.
                 For urbanized areas over 200,000 in population, the recipient
                charged with administering the Section 5310 Program must be officially
                designated in accordance with the planning process, by the Governor of
                a State, responsible local officials, and publicly owned operators of
                public transportation prior to grant award (See the definition of
                designated recipient, 49 U.S.C. 5302(4)). Designated recipients are
                responsible for administering the program. Eligible subrecipients
                include State or local governmental authorities, private nonprofit
                agencies, and operators of public transportation that receive a grant
                indirectly through a recipient. For the 55 percent of funds that must
                be used for capital projects, eligible subrecipients include private
                nonprofit organizations as well as State or local governmental
                authorities that are either approved by the State to coordinate
                services for seniors and people with disabilities, or which certify to
                the Governor that no nonprofit organizations are readily available in
                the area to provide the service.
                b. Local Match
                 Capital assistance is provided at 80 percent Federal share; 20
                percent local share. Operating assistance requires a 50 percent local
                match. Funds provided under other Federal programs (other than those of
                the DOT, except for the Federal Lands Transportation Program) may be
                used as local match for funds provided under Section 5310, and revenue
                from service contracts may be used as local match.
                c. Planning and Consultation
                 The coordinated planning provision requires that all projects be
                included in the local coordinated human service-public transportation
                plan. The plan must be developed and adopted with representation from
                seniors, individuals with disabilities, representatives of public,
                private, nonprofit transportation and human services providers, and
                other members of the public.
                d. State and Project Management Plans
                 States, designated recipients, and State or local governmental
                entities that operate a public transportation service that are
                responsible for implementing the Section 5310 program are required to
                document their approach to managing the program. The Management Plans
                serve as the basis for FTA management reviews of the program, and
                provide public information on the administration of the programs.
                e. Program of Projects (POP)
                 Designated recipients are required to develop a Program of Projects
                (POP) with the grant application and submit it to the FTA Regional
                Office. The POP should be developed with respect to the coordinated
                plan, long range plan, and the transportation improvement plan. For
                additional guidance in developing the required POP, see Chapter IV of
                the FTA Circular 9070.1G, Enhanced Mobility of Seniors and Individuals
                with Disabilities Program Guidance and Application Instructions, dated
                July 7, 2014.
                5. Period of Availability
                 The Enhanced Mobility of Seniors and Individuals with Disabilities
                program funds apportioned in this notice are available for obligation
                during FY 2019 plus two additional fiscal years. Accordingly, funds
                apportioned in FY 2019 must be obligated in grants by September 30,
                2021. Any FY 2019 apportioned funds that remain unobligated at the
                close of business on September 30, 2021, will revert to FTA
                [[Page 31991]]
                for reapportionment among the States and urbanized areas.
                6. Other Program Information
                 A State may transfer apportioned funds between small urbanized
                areas and rural areas if it can certify that the needs are being met in
                the area to which the funds were originally apportioned. The State can
                transfer the funds (rural and small urbanized area) to any area within
                the state if a statewide program for Section 5310 is established.
                Section 5310 funds may not be transferred to other FTA programs, and
                Section 5310 funds apportioned to large urbanized areas may not be
                transferred to other areas. Section 5310 program recipients may partner
                with meal delivery programs such as the Older Americans Act (OAA)-
                funded meal programs (to find local programs, visit: www.Eldercare.gov)
                and the USDA Summer Food Service Program https://www.fns.usda.gov/sfsp/summer-food-service-program. Transit service providers receiving 5310
                funds may coordinate and assist in providing meal delivery services on
                a regular basis if this does not conflict with the provision of transit
                services.
                 Program Guidance is found in FTA Circular 9070.1G, Enhanced
                Mobility of Seniors and Individuals with Disabilities Program Guidance
                and Application Instructions, dated July 7, 2014.
                F. Formula Grants for Rural Areas Program (49 U.S.C. 5311)
                 The Formula Grants for Rural Areas program provides formula funding
                to States and Indian tribes for supporting public transportation in
                areas with a population of less than 50,000. Funding may be used for
                capital, operating, planning, job access and reverse commute projects,
                and State administration expenses. Eligible subrecipients include State
                and local governmental authorities, Indian Tribes, private non-profit
                organizations, and private intercity bus companies. Indian Tribes are
                also eligible direct recipients under the Formula Grants for Rural
                Areas program, both for funds apportioned to the States and for
                projects apportioned or selected to be funded with funds set aside from
                the Tribal Transit Program.
                 For more information about the Formula Grants for Rural Areas
                program, please contact [Eacute]lan Flippin at (202) 366-3800 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $659,322,031 to
                provide financial assistance for rural areas under the Formula Grants
                for Rural Areas program. This amount includes $35 million for the
                Tribal Transit program; $20 million for the Appalachian program;
                $13,186,441 for the Rural Transit Assistance program; and $591,135,590
                for the Rural Formula program. This amount excludes funding for the
                Section 5340 Growing States Apportionments.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $630,335,590 is
                available for the Rural Area Programs. The total amount apportioned to
                the program is $716,416,160 as shown in the table below, after the
                addition of $6,024,853 in reapportioned funds and $83,552,327 for the
                Section 5340(c) Growing States, and the oversight deduction authorized
                by Section 5338.
                 Grants for Rural Areas Formula Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $630,335,590
                Oversight Deduction..................................... (3,496,610)
                5340 Growing States..................................... 83,552,327
                Reapportioned Funds..................................... 6,024,853
                 ---------------
                 Total Apportioned..................................... 716,416,160
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 FTA apportions the Formula Grants for Rural Areas program funds to
                states by a statutory formula using the latest available U.S. decennial
                census data. Most of the Formula Grants for Formula Grants for Rural
                Areas program funds (83.15 percent) are apportioned based on land area
                and population factors. In the first tier, no state may receive more
                than 5 percent of the amount apportioned based on land area. The
                remaining funds (16.85 percent) are apportioned based on land area,
                vehicle revenue miles, and the proportion of low-income individuals. In
                the second tier, no state may receive more than 5 percent of the amount
                apportioned based on land area, or more than 5 percent of the amounts
                apportioned for vehicle revenue miles. In addition to funds made
                available under Section 5311, FTA adds amounts apportioned based on
                rural population per the growing states formula factors of 49 U.S.C.
                5340 to the amounts apportioned to the states under the Section 5311
                formula. Before FTA apportions Section 5311 funds to the states, FTA
                subtracts funding from the total available amounts for the Appalachian
                Development Transportation Assistance Program, the Tribal Transit
                Program, the Rural Transportation Assistance Program (RTAP), and FTA
                oversight activities.
                 Data from the National Transit Database (NTD) 2017 Report Year was
                used for this apportionment, including data from directly-reporting
                Indian tribes. Data from public transportation systems that reported as
                urbanized area systems, but not attributable to an urbanized area, was
                also included. The Formula Grants for Rural Areas program includes
                three takedowns: The Appalachian Development Public Transportation
                Assistance Program; the Rural Transportation Assistance Program (RTAP);
                and the Tribal Transit Program. These separate programs are described
                in the sections that follow.
                4. Requirements
                 The Formula Grants for Rural Areas program provides funding for
                capital, operating, planning, job access and reverse commute projects,
                and administration expenses for public transit service in rural areas
                under 50,000 in population. The planning activities undertaken with
                Formula Grants for Rural Areas program funds are in addition to those
                awarded to the State under Section 5305 and must be used specifically
                for the needs of rural areas.
                a. Intercity Bus Transportation
                 Each State must spend no less than 15 percent of its annual Formula
                Grants for Rural Areas program apportionment for the development and
                support of intercity bus transportation, unless it can certify, after
                consultation with affected intercity bus service providers, that the
                intercity bus service needs of the State are adequately met. FTA
                encourages consultation with other stakeholders, such as communities
                affected by loss of intercity service. The cost of an unsubsidized
                portion of privately provided intercity bus service that connects
                feeder service, including all operating and capital costs of such
                service whether or not offset by revenue from such service, may be used
                as in-kind local match for the intercity bus projects.
                b. State Administration
                 States may elect to use up to 10 percent of their apportionment at
                100 percent Federal share to administer the Formula Grants for Rural
                Areas program and provide technical assistance to subrecipients.
                Technical assistance includes project planning, program and management
                development, public transportation coordination activities, and
                research the State considers appropriate to promote effective delivery
                of public transportation to rural areas.
                [[Page 31992]]
                c. Other Requirements
                 The Federal share for capital assistance is 80 percent and for
                operating assistance is 50 percent, except that States eligible for the
                sliding scale match under FHWA programs may use that match ratio for
                Formula Grants for Rural Areas program capital projects and 62.5
                percent of the sliding scale capital match ratio for operating
                projects. Each State prepares an annual program of projects, which must
                provide for fair and equitable distribution of funds within the State,
                including Indian reservations, and must provide for maximum feasible
                coordination with transportation services assisted by other Federal
                sources.
                 Additional program guidance for the Formula Grants for Rural Areas
                program is found in FTA Circular 9040.1G, Formula Grants for Rural
                Areas: Program Guidance and Application Instructions, dated November
                24, 2014, and is supplemented by additional information that may be
                posted to FTA's website.
                5. Period of Availability
                 The Formula Grants for Rural Areas program funds apportioned in
                this notice are available for obligation during FY 2019 plus two
                additional fiscal years. Accordingly, funds apportioned in FY 2019 must
                be obligated in grants by September 30, 2021. Any FY 2019 apportioned
                funds that remain unobligated at the close of business on September 30,
                2021, will revert to FTA for reapportionment under the Formula Grants
                for Rural Areas program.
                6. Other Program Information
                 Revenue from the sale of advertising and concessions may be used as
                local match.
                G. Rural Transportation Assistance Program (49 U.S.C. 5311(b)(3))
                 This program provides funding to assist in the design and
                implementation of training and technical assistance projects, research,
                and other support services tailored to meet the needs of transit
                operators in rural areas.
                 For more information about Rural Transportation Assistance Program
                (RTAP), please contact [Eacute]lan Flippin at (202) 366-3800 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorized $13,186,440, or two
                percent of the funds made available for the Formula Grants for Rural
                Areas program, to be made available for the Rural Transportation
                Assistance Program (RTAP). Of the two percent takedown, 15 percent is
                reserved for the National RTAP program. The remainder is available for
                allocation to the States.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $13,986,441 is
                available for the RTAP Program. The total amount apportioned for RTAP
                is $11,888,475 as shown in the table below, after the deduction for
                National RTAP.
                 Rural Transportation Assistance Program (RTAP)
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $13,986,441
                National RTAP........................................... (2,097,966)
                 ---------------
                 Total Apportioned..................................... 11,888,475
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 FTA allocates RTAP funds to the States by an administrative
                formula. First, FTA allocates $65,000 to each State and $10,000 to each
                territory, and then allocates the balance based on rural population in
                the 2010 census.
                4. Requirements
                 Eligible RTAP expenses include the design and implementation of
                training and technical assistance projects, research, and other support
                services tailored to meet the needs of transit operators in rural
                areas. States may use the funds to undertake research, training,
                technical assistance, and other support services to meet the needs of
                transit operators in rural areas. These funds are to be used in
                conjunction with a State's administration of the Formula Grants for
                Rural Areas program, but also may support the rural components of the
                Section 5310 program.
                5. Period of Availability
                 The RTAP funds apportioned in this notice are available for
                obligation during FY 2019 plus two additional fiscal years.
                Accordingly, funds apportioned in FY 2019 must be obligated in grants
                by September 30, 2021.
                6. Other Program Information
                 The National RTAP project is administered by cooperative agreement
                and re-competed at five-year intervals. In 2014, FTA awarded a
                cooperative agreement to the Neponset Valley Transportation Management
                Association to administer the National RTAP Program. The National RTAP
                projects are guided by a project review board that consists of managers
                of rural transit systems and State DOT RTAP programs. National RTAP
                resources also support the biennial Transportation Research Board
                National Conference on Rural Public and Intercity Bus Transportation
                and other research and technical assistance projects of a national
                scope. The National RTAP project will be recompeted in FY 2019.
                H. Appalachian Development Public Transportation Assistance Program (49
                U.S.C. 5311(c)(2))
                 This program is a take-down under the Formula Grants for Rural
                Areas program to provide additional funding to support public
                transportation in the Appalachian region. There are sixteen eligible
                States that receive an allocation under this provision. The State
                allocations are shown in the Formula Grants for Rural Areas program
                table posted on FTA's website on the FY 2019 Apportionments page.
                 For more information about the Appalachian Development Public
                Transportation Assistance Program, please contact [Eacute]lan Flippin
                at (202) 366-3800 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $20 million in each of
                FY 2016 through FY 2020 as a take-down under the Formula Grants for
                Rural Areas program to support public transportation in the Appalachian
                region.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $20 million is
                available.
                 Appalachian Development Public Transportation Assistance Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $20,000,000
                 Total Apportioned..................................... 20,000,000
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 FTA apportions the funds using percentages established under
                Section 9.5(b) of the Appalachian Regional Commission Code (subtitle IV
                of title 40). Allocations are based in general on each State's
                remaining estimated need to complete eligible sections of the
                Appalachian Development Highway System as determined from the latest
                percentages of available cost estimates for completion of the System.
                Such cost estimates are produced at approximate five-year intervals.
                Allocations contain upper and lower limits in amounts determined by the
                Commission and are made in accordance with legislative instructions.
                4. Requirements
                 Funds apportioned under this program may be used for purposes
                [[Page 31993]]
                consistent with the Formula Grants for Rural Areas program to support
                public transportation in the Appalachian region. Funds can be applied
                for in the State's annual Formula Grants for Rural Areas program grant.
                 Appalachian program funds that cannot be used for operating may be
                used for a highway project under certain circumstances. States should
                contact their regional office if they intend to request a transfer.
                Additional information about the requirements for this section can be
                found in Chapter VII of FTA Circular 9040.1G, Formula Grants for Rural
                Areas: Program Guidance and Application Instructions, dated November
                24, 2014.
                5. Period of Availability
                 The Appalachian program funds apportioned in this notice are
                available for obligation during FY 2019 plus two additional fiscal
                years, consistent with that established for the Formula Grants for
                Rural Areas program.
                I. Formula Grants for Public Transportation on Indian Reservations
                Program (49 U.S.C. 5311(j))
                 The Public Transportation on Indian Reservations Program, or Tribal
                Transit Program (TTP), totals $35 million, of which $30 million is for
                a formula program and $5 million is for a competitive grant program. It
                is funded as a takedown from funds made available for the Formula
                Grants for Rural Areas program. Formula factors include vehicle revenue
                miles and the number of low-income individuals residing on tribal lands
                (defined as American Indian Areas, Alaska Native Areas, and Hawaiian
                Home Lands). Eligible direct recipients are Federally recognized Indian
                tribes and Alaskan Native Villages providing public transportation in
                rural areas. The TTP funds are allocated for grants to eligible
                recipients for any purpose eligible under Formula Grants for Rural
                Areas program, which includes capital, operating, planning, and job
                access and reverse commute projects.
                 For more information about the Tribal Transit Program, contact
                Jasmine Clemons, Office of Transit Programs at (202) 366-2343 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $35 million in FY 2019
                to provide assistance to the tribes.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $30 million is
                available for the formula program and $5 million for the competitive
                program.
                 Formula Grants for Public Transportation on Indian Reservations Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $30,000,000
                 Total Apportioned..................................... 30,000,000
                ------------------------------------------------------------------------
                 Public Transportation on Indian Reservations Program Competitive Grants
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $5,000,000
                 Total Apportioned..................................... 5,000,000
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 Funding is allocated by formula and distributed to eligible Indian
                tribes providing public transportation on tribal lands. The formula
                apportionment shown in Table 10 is based on a statutory formula which
                includes three tiers. Tiers 1 and 2 are based on data reported to NTD
                by Indian tribes; Tier 3 is based on 2012-2016 American Community
                Survey data. The three tiers for the formula are: Tier 1--50 percent
                based on vehicle revenue miles reported to the NTD; Tier 2--25 percent
                provided in equal shares to Indian tribes reporting at least 200,000
                vehicle revenue miles to the NTD; Tier 3--25 percent based on Indian
                tribes providing public transportation on tribal lands (American Indian
                Areas, Alaska Native Areas, and Hawaiian Home Lands) on which more than
                1,000 low income individuals reside. If more than one eligible tribe
                provides public transportation services on tribal lands in a single
                Tribal Statistical Area, and the tribes cannot determine how to
                allocate Tier 3 funds, FTA will allocate the funds based on the
                relative portion of transit (as defined by unlinked passenger trips)
                operated by each tribe, as reported to the NTD.
                4. Requirements
                 Formula funds apportioned under this program can be used for
                purposes consistent with the Formula Grants for Rural Areas program to
                support public transportation on Indian Reservations in rural areas.
                Funds allocated under the competitive program must be used consistent
                with the tribe's proposal and the allocation notice published in the
                Federal Register, which is used to announce the selected projects.
                Eligible recipients under both the competitive and formula program
                include federally recognized Indian tribes or Alaska native villages,
                groups, or communities as identified by the U.S. Department of the
                Interior Bureau of Indian Affairs (BIA). A tribe must have the legal,
                financial, and technical capabilities to receive and administer Federal
                funds.
                 Section 5335 requires NTD reporting for all recipients of Section
                5311 funds. This reporting requirement continues to apply to the Tribal
                Transit Program. Tribes that provide public transportation in rural
                areas are reminded to report annually so they are included in the TTP
                formula apportionments. To be considered in the FY 2019 formula
                apportionments, tribes should have submitted their reports to the NTD
                no later than April 30, 2017; voluntary reporting to the NTD is also
                encouraged. Additionally, to be considered for the FY 2020 formula
                apportionment funds, tribes would have submitted their reports to the
                NTD no later than April 30, 2018. Tribes needing assistance with
                reporting to the NTD should contact the NTD Helpline at 1-888-252-0936
                or [email protected].
                5. Period of Availability
                 The TTP formula program funds apportioned in this notice are
                available for obligation during FY 2019 plus two additional fiscal
                years. Accordingly, funds apportioned in FY 2019 must be obligated in
                grants by September 30, 2021. Any FY 2019 apportioned funds that remain
                unobligated at the close of business on September 30, 2021, will revert
                to FTA for reapportionment under the TTP formula program. Competitive
                TTP funds are available for obligation during the FY in which funds are
                awarded to projects plus two additional years.
                6. Other Program Information
                 Section 207 of title 23, United States Code establishes a Tribal
                Transportation Self-Governance Program (Self Governance Program). The
                Self Governance Program will establish specific criteria for
                determining eligibility for a tribe to participate in the program. A
                Negotiated Rulemaking to implement this program in consultation with
                tribal representatives and other interested stakeholders is under
                development.
                 The funds set aside for the TTP are not meant to replace or reduce
                funds that Indian tribes receive from States through the Formula Grants
                for Rural Areas program but are to be used to enhance public
                transportation on Indian reservations and transit serving tribal
                communities. Funds allocated to Indian tribes by the States may be
                included in the State's Formula Grants for Rural Areas program
                application or may be awarded by FTA in a grant directly to the Indian
                tribe. FTA encourages Indian tribes intending to apply to FTA as
                [[Page 31994]]
                direct recipients to contact the appropriate FTA Regional Office at the
                earliest opportunity.
                 All TTP grantees must comply with all applicable Federal statutes,
                regulations, executive orders, FTA circulars, and other Federal
                requirements in carrying out the project supported by the FTA grant. To
                assist tribes with understanding these requirements, FTA regularly
                conducts Tribal Transit Technical Assistance Workshops. FTA has also
                expanded its technical assistance to tribes receiving funds under this
                program by undertaking Tribal Transit Technical Assistance Assessments.
                Through these assessments, FTA collaborates with tribal transit leaders
                to review processes and identify areas in need of improvement and then
                assist with solutions to address these needs--all in a supportive and
                mutually beneficial manner. These assessments include discussions of
                compliance areas pursuant to the Master Agreement, a site visit,
                promising practices reviews, and technical assistance from FTA and its
                contractors. FTA will post information about upcoming workshops to its
                website and will disseminate information about the reviews through its
                Regional offices. FTA has regional tribal transit liaisons in each of
                the FTA Regional Offices that are available to assist tribes with
                applying for and managing FTA grants. Tribes are encouraged to work
                directly with their regional tribal transit liaison.
                J. Public Transportation Innovation (49 U.S.C. 5312)
                 Public Transportation Innovation is FTA's research program with the
                overarching statutory goal to improve public transportation. The law
                specifies research focus areas, including providing more effective and
                efficient public transportation service; mobility management; system
                capacity; advanced vehicle design; asset maintenance; construction and
                project management; environment and energy efficiency; and safety
                improvements.
                 FTA may make grants, enter into contracts, cooperative agreements,
                and other agreements to carry out the research, development,
                demonstration, and deployment projects, including research and
                technology of national significance to public transportation.
                 Within this section are three distinct programs: (a) A Research,
                Development, Demonstration, Deployment, and Evaluation program (49
                U.S.C. 5312(b-e)); (b) a Low or No Emission Vehicle Component
                Assessment Program (LoNo-CAP) (49 U.S.C. 5312(h)); and (c) a Transit
                Cooperative Research Program (49 U.S.C. 5312(i)). Eligible recipients
                can be departments, agencies, and governmental agencies, including
                Federal Laboratories; state and local entities; providers of public
                transportation; private or non-profit organizations; institutions of
                higher education; and technical community colleges. Each program area
                has specific requirements relating to the type of organization that may
                receive a grant or enter an agreement.
                 The types of research eligible for funding are broad and include:
                Opportunities to enhance public transportation operational
                effectiveness and efficiency; improve services; leverage new types of
                vehicle technologies; utilize transformative technologies to improve
                public transportation; field new mobility models; and support increased
                safety.
                 For more information about the Public Transportation Innovation
                program, contact Edwin Rodriguez, Office of Research, Demonstration and
                Innovation at (202) 366-0671 or [email protected].
                 For more information on the LoNo-CAP program, please contact Sam
                Yimer at (202) 366-1321 or [email protected] or visit:
                www.transit.dot.gov/research-innovation/lonocap.
                1. Authorized Amounts
                 Federal public transportation law authorizes $28 million in FY 2019
                funding for the Public Transportation Innovation program.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $34 million is
                available for the Public Transportation Innovation program. The total
                amounts apportioned to each subcomponent of the program is shown below
                in the table.
                 Public Transportation Innovation Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Research, Development, Demonstration, Deployment, & $20,000,000
                 Evaluation.............................................
                Low or No Emission Vehicle Component Testing............ 3,000,000
                Transit Cooperative Research Program (TCRP)............. 5,000,000
                Low or No Emission Bus Testing.......................... 6,000,000
                 ---------------
                 Total Apportioned..................................... 34,000,000
                ------------------------------------------------------------------------
                3. Basis for Allocation
                 Public Transportation Innovation funds are allocated according to
                the authorized purposes and amounts described above. The Secretary may
                make grants and enter contracts, cooperative agreements, and other
                agreements for research, development, demonstration, and deployment
                projects, and evaluation of research and technology of national
                significance to public transportation, that the Secretary determines
                will improve public transportation. For FY 2019, FTA intends to fund
                projects and activities consistent with its research priorities of
                mobility innovation, infrastructure, and safety. Projects may be
                selected through Notices of Funding Opportunity (NOFO), or Requests for
                Proposals (RFPs), or sole-sourced. FTA awards to a diverse set of
                recipients and issues different types of research agreements, including
                grants, cooperative agreements, contracts, or interagency agreements.
                Potential recipients can register to receive notification of funding
                opportunities under this program on Grants.gov.
                 FTA awards an annual cooperative agreement to the National
                Academies of Sciences, Engineering, and Medicine to administer the
                TCRP. FTA solicited proposals for the LoNo-CAP in Fall 2016. Awards
                were made to Auburn University and The Ohio State University in
                September 2017. Both facilities are preparing to test Low and No
                emissions components and are expected to receive $6 million by the end
                of FY 2019.
                4. Requirements
                 Eligible expenses include activities involving (a) research,
                innovation, development, demonstration, deployment, evaluation; (b) low
                or no emission vehicle component testing; and (c) transit cooperative
                research.
                 The Federal share for the Research, Innovation, Development,
                Deployment, and Demonstration program shall not exceed 80 percent
                unless there is substantial public interest or benefit or it is
                approved by the Secretary. The remaining 20 percent can be met with in-
                kind resources. In some cases, FTA may require a higher non-Federal
                share if FTA determines a recipient would obtain a clear and direct
                financial benefit from the project, or if the non-Federal share is an
                evaluation factor under a competitive selection process.
                 The Low or No Emission Vehicle Component Testing (LoNo-CAP) is a
                voluntary program in which FTA pays 50 percent of the testing fees and
                the entity requesting testing pays 50 percent of the fees.
                 Eligible activities under LoNo-CAP include testing and assessing
                voluntarily submitted LoNo components for transit buses, publishing the
                results
                [[Page 31995]]
                of these LoNo component assessments, and preparing an annual report to
                Congress summarizing the results of the component assessments. For more
                information on the LoNo-CAP program, visit www.transit.dot.gov/research-innovation/lonocap.
                 All research recipients are required to work with FTA to develop
                approved Statements of Work. Application instructions and program
                management guidelines are set forth in FTA Circular C 6100.1E,
                Research, Technical Assistance and Training Program: Application
                Instructions and Program Management Guidelines dated May 11, 2015.
                5. Period of Availability
                 Funding is available until expended.
                6. Other Program Information
                 FTA publishes annual research reports on projects, evaluations, and
                benefits of its research portfolio. The reports can be accessed on
                FTA's website at www.transit.dot.gov/research-innovation/fta-reports-and-publications. Section 6019(b) of the FAST Act establishes new
                requirements for annual modal research plans in 49 U.S.C. 6501.
                 TCRP is a cooperative effort of three organizations: FTA; the
                National Academies, acting through the Transportation Research Board
                (TRB); and the Transit Development Corporation, Inc. (TDC), a nonprofit
                educational and research organization established by the American
                Public Transportation Association (APTA). FTA funds the TCRP through a
                cooperative agreement. The TCRP is governed by an independent board,
                the TCRP Oversight and Project Selection (TOPS) Committee. The TOPS
                Committee sets priorities to decide what research studies will be
                undertaken and annually selects projects. The FY 2019 selected projects
                can be found at: http://onlinepubs.trb.org/onlinepubs/tcrp/docs/finalannouncement2019.pdf.
                 For more information about TCRP, please contact Faith Hall at (202)
                366-9055 or [email protected].
                 Pursuant to the Small Business Innovation Development Act, of 1982
                (Pub. L. 97-219, amending 15 U.S.C. 638) and reauthorized through FY
                2022 by the National Defense Authorization Act for Fiscal Year 2017
                (Pub. L. 114-328, 1834), 3.2 percent of the 5312 funds must be set
                aside for the Department's Small Business Innovation Research Program
                (SBIR) to address high priority research that will demonstrate
                innovative, economic, accurate, and durable technologies, devices,
                applications, or solutions to significantly improve current transit-
                related service, including transit vehicle operation, safety,
                infrastructure and environmental sustainability, mobility, rider
                experience, or broadband communication. Information on current and past
                SBIR projects can be found on the DOT SBIR website: www.volpe.dot.gov/work-with-us/small-business-innovation-research.
                 For more information about SBIR, please contact Kenneth Blacks at
                (202) 366-7106 or [email protected].
                K. Technical Assistance and Workforce Development (49 U.S.C. 5314)
                 The Technical Assistance and Workforce Development program, 49
                U.S.C. 5314, has three types of programs: Technical assistance and
                standards development; human resources and training; and the National
                Transit Institute (NTI). FTA funds projects across these areas to
                achieve statutory goals to assist the public transportation industry to
                more effectively and efficiently provide public transportation service;
                develop standards and best practices; provide specific technical
                assistance in several areas, including complying with the Americans
                with Disabilities Act and human services transportation coordination as
                well as meeting the transportation needs of older adults. Key focus
                areas for human resources and training are employment training;
                outreach to aid in recruiting public transportation workers, especially
                to increase employment for certain targeted groups; frontline workforce
                development; and advanced training for new and emerging technology
                areas such as low and no emission bus maintenance. The NTI's goal is to
                develop and conduct training and educational programs for Federal,
                State, and local transportation employees and others engaged in public
                transportation work.
                 For more information or questions about the Technical Assistance
                and Workforce Development programs, please contact Betty Jackson,
                Office of Research, Demonstration, and Innovation at (202) 366-1730 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $9 million in contract
                authority for the Technical Assistance and Workforce Development
                Program, of which $4 million is authorized for NTI. An additional $5
                million is authorized to be appropriated from the general fund.
                2. FY 2019 Funding Availability
                 In FY 2019 under the Consolidated Appropriations Act, 2019, $14
                million is available for the Technical Assistance and Workforce
                Development program, as shown in the table below. Of the available
                amounts $4 million is available for the NTI. The Consolidated
                Appropriations Act directs not less than $1.5 million be available for
                a cooperative agreement to assist small-urban, rural, and tribal public
                transit recipients and planning organizations with applied innovation
                and capacity-building that is not duplicative of the activities of
                National RTAP or other FTA research activities.
                 Technical Assistance and Workforce Development
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $14,000,000
                 Total Apportioned..................................... 14,000,000
                ------------------------------------------------------------------------
                3. Basis for Allocation
                 Under the Technical Assistance and Workforce Development Program,
                $4 million is authorized for the NTI and the remaining funds are
                available to support the FTA and USDOT strategic plan for technical
                assistance, standards development, and workforce development. Projects
                may be selected through sole source, NOFOs, or RFPs. Potential
                recipients can register to receive notification of funding availability
                under this program on Grants.gov. Once selected, FTA enters cooperative
                agreements, grants, contracts, or other agreements to award funds and
                manage the projects carried out under this section.
                4. Requirements
                 Eligible expenses include activities involving: (a) Technical
                assistance; (b) standards development; and (c) human resources and
                training, including workforce development programs and activities.
                Eligible technical assistance activities may include activities to
                support: (a) Compliance with the ADA; (b) compliance with coordinating
                planning and human services transportation; (c) meeting the
                transportation needs of elderly individuals; (d) increasing transit
                ridership in coordination with MPOs and other entities, particularly
                around transit-oriented development; (e) addressing transportation
                equity with regard to the effect that transportation planning,
                investment, and operations have for low-income and minority
                individuals; (f) facilitating best practices to promote bus driver
                safety; (g) compliance with Buy America requirements and pre- and post-
                award
                [[Page 31996]]
                audits; (h) assisting with the development and deployment of low and no
                emission vehicles or components for vehicles; and (i) other technical
                assistance activities that are necessary to advance the interests of
                public transportation.
                 Eligible standards development activities include the development
                of voluntary and consensus-based standards and best practices by the
                industry including those needed for safety, fare collection,
                intelligent transportation systems, accessibility, procurement,
                security, asset management, operations, maintenance, vehicle
                propulsion, communications, and vehicle electronics.
                 Eligible human resources and training activities include (a)
                employment training programs; (b) outreach programs to increase
                employment for veterans, females, individuals with disabilities, and
                minorities in public transportation; (c) research on public
                transportation personnel and training needs; (d) training and
                assistance for veteran and minority business opportunities; and (e)
                consensus-based national training standards and certifications in
                partnership with industry stakeholders. FTA funding directly allocated
                for these eligible purposes must be conducted through a competitive
                frontline workforce development program as required by Section 5314.
                Should FTA allocate funds for these purposes, it will advertise the
                available funding in a NOFO on Grants.gov and on its website. In
                addition, recipients of funds under Sections 5307, 5337, and 5339 may
                use 0.5 percent of their available funds to pay for workforce
                development activities (up to an 80 percent Federal share). There is a
                separate eligibility to use 0.5 percent of available funds under the
                sections above for training through the NTI.
                 The Federal share of the cost of a project carried out using a
                grant under this section shall not exceed 80 percent. However, for the
                human resources and training, including the Innovative Public
                Transportation Frontline Workforce Development Program, the Federal
                share cannot exceed 50 percent. The Federal share for other types of
                awards will be stated in the agreement. In some cases, FTA may require
                a higher non-Federal share if FTA determines a recipient would obtain a
                clear and direct financial benefit from the project, or if the non-
                Federal share is an evaluation factor under a competitive selection
                process.
                 The non-Federal share of the cost of a project carried out under
                these sections (Technical Assistance and Standards and Technical
                Assistance and Training) may be derived from in-kind contributions as
                defined in the most current version of FTA Circular 5010, ``Award
                Management Guidelines'' found on FTA's web page at www.transit.dot.gov.
                Application instructions and program management guidelines are set
                forth in FTA Circular 6100.1E, ``Research, Technical Assistance and
                Training Programs: Application Instructions and Program Management
                Guidelines'' dated May 11, 2015.
                 All recipients of Section 5314 funds are required to work with FTA
                to develop approved statements of work. There is no match requirement
                for the NTI.
                5. Period of Availability
                 FTA establishes the period in which the funds must be obligated to
                each project. If the funds are not obligated within that time, they
                revert to FTA for reallocation under the program.
                6. Other Program Information
                 FTA publishes an annual report to Congress on the technical
                assistance and standards activities that receive assistance under this
                section. Additionally, FTA must report annually on the Frontline
                Workforce Development Program. FTA reports can be found on FTA's
                website at www.transit.dot.gov.
                L. Public Transportation Emergency Relief Program (49 U.S.C. 5324)
                 FTA's Emergency Relief (ER) Program is authorized to provide
                funding for public transportation expenses incurred because of an
                emergency or major disaster. Funds appropriated for this program are
                used to assist in responding to a declared emergency or disaster.
                Eligible expenses include emergency operating expenses, such as
                evacuations, rescue operations, and expenses incurred to protect assets
                in advance of a disaster, as well as capital projects to protect,
                repair, reconstruct, or replace equipment and facilities of a public
                transportation system that the Secretary determines is in danger of
                suffering serious damage or has suffered serious damage because of an
                emergency.
                 Additionally, transit agencies in the affected areas may request
                relief from certain FTA administrative and regulatory requirements for
                costs incurred in support of evacuations, rescue efforts, and the
                efficient shut down and resumption of transit services during and after
                the storm. Requests for relief from these requirements may be submitted
                to FTA's Emergency Relief Docket at https://www.regulations.gov/. The
                docket number for calendar year 2019 is FTA-2019-0001.
                 FTA encourages transit agencies in affected areas to become
                familiar with FTA's Emergency Relief Program Manual as well as other
                resources and best practices, available at www.transit.dot.gov/emergencyrelief. When Congress appropriates funding for FTA's Emergency
                Relief Program, or at FEMA's direction, FTA will work with agencies to
                assess the impacts of the storm, including emergency operations and any
                potential damages to transit rolling stock or facilities.
                 Recipients of FTA funding affected by a declared emergency or
                disaster are also authorized to use funds apportioned under Sections
                5307 and 5311 for emergency purposes under the provisions of FTA's
                Emergency Relief Program. Recipients are advised that formula funds
                disbursed to a grantee for emergency purposes will not be replaced or
                restored if funding is subsequently made available through FTA under
                the ER Program or by the Federal Emergency Management Agency (FEMA).
                 In the event of a disaster affecting a public transportation
                system, the affected recipient should contact its FTA Regional Office
                as soon as practicable to determine whether Emergency Relief Program
                funds are available, and to notify FTA that it plans to seek
                reimbursement for emergency operations and/or repairs that have already
                taken place or are in process. If Emergency Relief funds are
                unavailable, the recipient may seek reimbursement from FEMA. Properly
                documented costs for which the grantee has not received reimbursement
                from FEMA may later be reimbursed by grants made either from Emergency
                Relief Program funding (if appropriated) or from Sections 5307 and 5311
                program funding, once the eligible recipient formally applies to FTA
                for reimbursement and FTA determines that the expenses are eligible for
                emergency relief.
                 More information on the Emergency Relief Program and FTA's response
                to disasters are available on the FTA website at www.transit.dot.gov/emergencyrelief.
                 For more information or questions on this program, please contact
                John Bodnar at (202) 366-9091 or [email protected].
                M. State Safety Oversight Formula Program (49 U.S.C. 5329)
                 The State Safety Oversight Formula Program provides funding to
                support States with rail fixed guideway public transportation systems
                (rail transit
                [[Page 31997]]
                systems) to develop and carry out State Safety Oversight (SSO) Programs
                consistent with the requirements of 49 U.S.C. 5329.
                 For more information or questions on the Public Transportation
                Safety program, please contact Kimberly Burtch at (202) 366-0816 or
                [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $24,135,588 in FY 2019
                to provide funding to support States in developing and carrying out the
                SSO Program.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $24,135,588 is
                available for the State Safety Oversight (SSO) Formula program as shown
                in the table below.
                 State Safety Oversight Formula Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $24,135,588
                 Total Apportioned..................................... 24,135,588
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 FTA will continue to allocate funds to the States by an
                administrative formula, which is detailed in the Federal Register
                notice apportioning SSO Formula Grant Program FY 2013 and FY 2014 funds
                (79 FR 13380, March 10, 2014). Grant funds for the SSO program are
                apportioned to eligible States using a three-tier formula based on
                statutory requirements, which apportion sixty percent (60 percent) of
                available funds based on rail transit system passenger miles traveled
                (PMT), vehicle revenue miles (VRM), and directional route miles (DRM);
                twenty percent (20 percent) of available funds equally to each eligible
                State; and twenty percent (20 percent) based on the number of rail
                transit systems in each state.
                4. Requirements
                 FTA requires each applicant to demonstrate in its grant application
                that its proposed grant activities will develop, lead to, or carry out
                a SSO program that meets the requirements under 49 U.S.C. 5329(e).
                Grant funds may be used for program operational and administrative
                expenses, including employee training activities. Please see the
                Federal Register notice which apportioned SSO Formula Grant Program FY
                2013 and FY 2014 funds (79 FR 13380, March 10, 2014) for more
                information.
                5. Period of Availability
                 SSO Formula Grant Program funds are available for the year of
                apportionment plus, two additional years. Any FY 2019 funds that remain
                unobligated at the close of business on September 30, 2021 will revert
                to FTA for reapportionment under the SSO Formula Grant Program.
                N. State of Good Repair Program (49 U.S.C. 5337)
                 The State of Good Repair Program provides financial assistance to
                designated recipients in Urbanized Areas (UZAs) with fixed guideway and
                high-intensity motorbus systems for capital investments that maintain,
                rehabilitate, and replace aging transit assets and bring fixed guideway
                and high intensity motorbus systems into a state of good repair. FTA
                apportions funds for this program through a statutory formula using
                data reported to the National Transit Database (NTD).
                 For more information or questions on the State of Good Repair
                program, please contact Eric Hu at (202) 366-0870 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $2,638,366,859 in FY
                2019 for the State of Good Repair Program.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $2,901,366,859 is
                available for the State of Good Repair Program. The total amount
                apportioned is $2,872,353,190 after the deduction for oversight as
                shown in the table below.
                 State of Good Repair Program
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................ $2,901,366,859
                Oversight Deduction.................................. (29,013,669)
                rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                 Total Apportioned.................................. 2,872,353,190
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 FTA apportions State of Good Repair Program funds per a statutory
                formula. Funds are apportioned to urbanized areas with fixed guideway
                or high-intensity motorbus systems that have been in operation for at
                least seven years. This means that only segments of fixed guideway and
                high-intensity motorbus systems that entered revenue service on or
                before September 30, 2011 are included in the formula, as identified in
                the NTD. Funds apportioned to urbanized areas with fixed guideway are
                determined by two equal elements: (1) A fixed proportion, based on the
                proportion an urbanized area would have received in FY 2011 to the
                total amount apportioned to all urbanized areas in the FY 2011 Fixed
                Guideway Modernization program using the fixed guideway definition
                defined in prior law; and (2) a variable proportion, based on the
                proportion of vehicle revenue miles and directional route miles
                attributed to an urbanized area relative to all urbanized areas, with
                revenue miles weighted for 60 percent of this element and directional
                miles weighted for 40 percent of this element. Funds apportioned to
                urbanized areas with motorbus systems are 60 percent based on revenue
                miles and 40 percent based on route miles that attributed to an
                urbanized area relative to all urbanized areas. The fixed guideway tier
                is apportioned 97.15 percent of the total appropriation, and the
                remaining 2.85 percent is apportioned to the high-intensity motorbus
                tier.
                4. Requirements
                 In addition to the program guidance found in the FTA Circular
                5300.1, ``State of Good Repair Grants Program: Guidance and application
                Instructions,'' all recipients must comply with the regulation at 49
                CFR part 625, issued under the authority of Section 5326 for the
                Transit Asset Management plan (TAM).
                5. Period of Availability
                 The State of Good Repair Program funds apportioned in this notice
                are available for obligation during FY 2019 plus three additional
                years. Accordingly, funds apportioned in FY 2019 must be obligated in
                grants by September 30, 2022. Any FY 2019 apportioned funds that remain
                unobligated at the close of business on September 30, 2022 will revert
                to FTA for reappointment under the State of Good Repair Program.
                6. Other Program Information
                 In July 2016, FTA published a Final Rule (49 CFR part 625) for
                Transit Asset Management (81 FR 48890, July 26, 2016). Each grantee had
                to have a TAM plan in place by October 1, 2018 unless FTA granted it an
                extension. Beginning in FY 2019, all projects funded under the State of
                Good Repair Program must appear in the investment prioritization of the
                grantee's TAM plan.
                O. Grants for Buses and Bus Facilities Program (49 U.S.C. 5339)
                 The Grants for Buses and Bus Facilities Program provides financial
                assistance to states, local governmental entities that operate fixed
                route bus service, and designated recipients for capital investments in
                public transportation systems to replace,
                [[Page 31998]]
                rehabilitate, lease, and purchase buses and related equipment and to
                construct bus-related facilities, including technological changes or
                innovations to modify low or no emission vehicles or facilities.
                Funding is provided through Section 5339(a) formula allocations,
                Section 5339(b) competitive grants, and Section 5339(c) low or no
                emission grants.
                 For more information or questions on the Grants for Buses and Bus
                Facilities Formula Program, please contact John Bodnar at (202) 366-
                9091 or [email protected]. For information or questions regarding the
                competitive Buses and Bus Facilities Infrastructure Investment Program
                please contact Mark G. Bathrick at (202) 366-9955 or
                [email protected]. For information or questions regarding the
                competitive Low or No Emissions Grant Program, contact Tara Clark at
                (202) 366-2623 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $454,964,489 for the
                Grants for Buses and Bus Facilities Formula program and $322,059,980
                for the Grants for Buses and Bus Facilities Competitive program, of
                which $55,000,000 is available for the Low or No Emissions program in
                FY 2019 to provide financial assistance for the Grants for Buses and
                Bus Facilities Program.
                2. Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $614,964,489 is
                available for the Grants for Buses and Bus Facilities Formula Program,
                $512,059,980 is available for the Grants for Buses and Bus Facilities
                Competitive Program of which $85,000,000 is available for the Low or No
                Emission Grants Program.
                 After the 0.75 percent take-down for oversight, $610,352,255 is
                available for the Grants for Buses and Bus Facilities Formula Program,
                $423,219,530 is available for the Grants for Buses and Bus Facilities
                Competitive Program, and $85,000,000 is available for the Low or No
                Emission Grants Program. The amounts are shown in the table below.
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                 Formula Grants for Buses and Bus Facilities
                ------------------------------------------------------------------------
                Total Formula Appropriation available................... $614,964,489
                Oversight Deduction..................................... (4,612,234)
                rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                 Total Formula Apportioned............................. $610,352,255
                ------------------------------------------------------------------------
                 Low or No Emission Grants for Buses and Bus Facilities
                ------------------------------------------------------------------------
                Total Appropriation available........................... $85,000,000
                Total Low or No Apportioned............................. $85,000,000
                ------------------------------------------------------------------------
                 Competitive Grants for Buses and Bus Facilities
                ------------------------------------------------------------------------
                Total Competitive Appropriation available............... 512,059,980
                Oversight Deduction..................................... (3,840,450)
                Low or No Emission Grants............................... (85,500,000)
                 ---------------
                 Total Bus Competition Apportioned..................... $423,219,530
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 Section 5339(a) Buses and Bus Facilities Program formula funds are
                apportioned to States, territories, and designated recipients based on
                a statutory formula. Under the national distribution, each State is
                allocated $3.5 million and each territory is allocated $1 million for
                use anywhere in the State or territory for FY 2019. The remainder of
                the available funding is then apportioned to UZAs based on population,
                vehicle revenue miles, and passenger miles using the same apportionment
                formula and allocation process as the Urbanized Area Formula Program.
                Funds for UZAs under 200,000 in population are apportioned to the State
                for allocation to eligible recipients within such areas of the State at
                the Governor's discretion. Funds for UZAs with populations of 200,000
                or more are apportioned directly to one or more designated recipient(s)
                within each UZA for allocation to eligible projects and recipients
                within the UZA.
                 FTA allocates funds under the competitive Section 5339(b) and
                5339(c) programs on an annual basis based on a notice of funding
                opportunity, which contains detailed guidance on applicant eligibility,
                project eligibility, evaluation criteria, and application requirements.
                4. Requirements
                 Eligible recipients for Section 5339(a) formula grants include: (1)
                Designated recipients that allocate funds to fixed route bus operators,
                and (2) States and local governmental entities that operate fixed route
                bus service. Eligible subrecipients include public agencies or private
                nonprofit organizations engaged in public transportation, including
                those providing services open to a segment of the general public as
                defined by age, disability, or low income. The definition of eligible
                recipients applies to funding apportioned in previous fiscal years that
                remain available for obligation. The requirements of the Urbanized Area
                Formula Program apply to recipients of Section 5339 funds within an
                urbanized area. The requirements of Formula Grants for Rural Areas
                program apply to recipients of Section 5339 funds within rural areas.
                 Under prior law, only designated recipients were eligible direct
                recipients of Section 5339(a) funds. Given that State and local
                government entities that operate fixed route service are now eligible
                direct recipients of Section 5339(a) funds, FTA does not require
                designated recipients to maintain program management plans (PMPs) if
                they do not manage any sub-awards of Section 5339 funds.
                 For additional program requirements, refer to FTA Circular 5100,
                ``Buses and Bus Facilities Formula Program: Guidance and Application
                Instructions.''
                5. Period of Availability
                 The Bus and Bus Facilities Program formula funds apportioned in
                this notice are available for obligation during FY 2019 plus three
                additional years. Accordingly, funds apportioned in FY 2019 must be
                obligated in grants by September 30, 2022. Any FY 2019 apportioned
                funds that remain unobligated at the close of business on September 30,
                2022 will revert to FTA for reapportionment under the Buses and Bus
                Facilities Formula Program. Competitive program funds authorized under
                Sections 5339(b) and 5339(c) follow the same period of availability and
                reapportionment policy based on the selection date.
                P. Growing States and High-Density States Formula Factors (49 U.S.C.
                5340)
                 Federal public transportation law authorizes the use of formula
                factors to distribute additional funds to the Section 5307 Urbanized
                Area Formula program and Section 5311 Formula Grants for Rural Areas
                program for growing states and high-density states. FTA will continue
                to publish single urbanized and rural apportionments that show the
                total amount for Section 5307 and 5311 programs that includes Section
                5340 apportionments for these programs.
                 For more information or questions on this program, please contact
                Tara Clark at (202) 366-2623 or [email protected].
                1. Authorized Amounts
                 Federal public transportation law authorizes $561,315,120 for
                apportionment in FY 2019 for the Growing States and High-Density States
                Formula factors.
                2. FY 2019 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $601,315,120
                [[Page 31999]]
                is available for the Growing States and High-Density States formula.
                 Growing States and High-Density States Formula Factors
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Growing States.......................................... $293,311,066
                High-Density States..................................... 308,004,054
                 ---------------
                 Total Apportioned..................................... 601,315,120
                ------------------------------------------------------------------------
                3. Basis for Formula Apportionment
                 Under the Growing States portion of the Section 5340 formula, FTA
                projects each State's 2025 population by comparing each State's
                apportionment year population (as determined by the Census Bureau) to
                the State's 2010 Census population and extrapolating to 2025 based on
                each State's rate of population growth between 2010 and the
                apportionment year. Each State receives a share of Growing States funds
                based on its projected 2025 population relative to the nationwide
                projected 2025 population.
                 Once each State's share is calculated, funds attributable to that
                State are divided into an urbanized area allocation and a non-urbanized
                area allocation based on the percentage of each State's 2010 Census
                population that resides in urbanized and non-urbanized areas. Urbanized
                Areas receive portions of their State's urbanized area allocation based
                on the 2010 Census population in that urbanized area relative to the
                total 2010 Census population in all urbanized areas in the State. These
                amounts are added to the Urbanized Area's Section 5307 apportionment.
                 The States' rural area allocation is added to the allocation that
                each State receives under the Formula Grants for Rural Areas program.
                 The High-Density States portion of the Section 5340 formula are
                allocated to urbanized areas in States with a population density equal
                to or greater than 370 persons per square mile. Based on this threshold
                and 2010 Census data, the States that qualify are Maryland, Delaware,
                Massachusetts, Connecticut, Rhode Island, New York, and New Jersey. The
                amount of funds provided to each of these seven States is allocated
                based on the population density of the individual State relative to the
                population density of all seven States. Once funds are allocated to
                each State, funds are then allocated to urbanized areas within the
                States based on an individual urbanized area's population relative to
                the population of all urbanized areas in that State.
                Q. Washington Metropolitan Area Transit Authority Grants
                 Section 601 of the Passenger Rail Investment and Improvement Act of
                2008 (PRIIA) authorized an aggregate amount of $1.5 billion to be
                available in increments over 10 fiscal years beginning in fiscal year
                2009 to assist the Washington Metropolitan Transit Authority (WMATA) in
                implementing its Capital Improvement Program and preventive maintenance
                projects. Although authorized in FY 2009, funding was appropriated
                beginning in FY 2010. Therefore, the incremental funding spans FY 2010
                thru FY 2019.
                 For more information or questions on the Washington Metropolitan
                Area Transit Authority Grants program, please contact Eric Hu at (202)
                366-0870 or [email protected] or Timothy Steinitz at (215) 656-7253 or
                [email protected].
                1. Authorized Amounts
                 Section 601 of PRIIA authorizes $150,000,000.
                2. FY 2109 Funding Availability
                 Under the Consolidated Appropriations Act, 2019, $150,000,000 is
                available. The total amount available is $148,500,000 after the
                deduction for oversight as shown in the table below.
                 Washington Metropolitan Area Transit Authority Grants
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Total Appropriation available........................... $150,000,000
                Oversight Deduction..................................... (1,500,000)
                 ---------------
                 Total Apportioned..................................... 148,500,000
                ------------------------------------------------------------------------
                3. Basis for Allocation
                 The funding is authorized under Section 601, Authorization for
                Capital and Preventive Maintenance Projects for Washington Metropolitan
                Area Transit Authority, of the Passenger Rail Investment and
                Improvement Act of 2008, (Pub. L. 110-432) Division B, Title VI.
                4. Requirements
                 Grants may be provided for capital and preventive maintenance
                expenditures for WMATA after it has been determined that WMATA has
                placed the highest priority on investments that will improve the safety
                of the system, including, but not limited, to fixing the track signal
                system, replacing 1000 series railcars, installing guarded turnouts,
                buying equipment for wayside worker protection, and installing rollback
                protection on cars that are not equipped with the safety feature. FTA
                will communicate further program requirements directly to WMATA. The
                maximum Federal share for each project shall be for 50 percent of the
                net project cost of the project, and matching funds shall be provided
                in cash from sources other than Federal funds or revenues from the
                operation of public transportation systems.
                5. Period of Availability
                 Funds appropriated for WMATA under Section 601 of PRIIA shall
                remain available until expended.
                V. FTA Policy and Procedures for FY 2019 Grants
                A. Automatic Pre-Award Authority To Incur Project Costs
                1. Caution to New Grantees
                 While FTA provides pre-award authority to incur expenses before
                grant award for formula programs, it recommends that first-time grant
                recipients NOT utilize this automatic pre-award authority without
                verifying with the appropriate FTA Regional Office that all pre-
                requisite requirements have been met. Commonly, a new grantee may
                misunderstand pre-award authority conditions and be unaware of all the
                applicable FTA requirements that must be met in order to be reimbursed
                for project expenditures incurred in advance of grant award. FTA
                programs have specific statutory requirements that are often different
                from those for other Federal grant programs with which new grantees may
                be familiar. If funds are expended for an ineligible project or
                activity, or for an eligible activity but at an inappropriate time
                (e.g., prior to NEPA completion), FTA will be unable to reimburse the
                project sponsor and, in certain cases, the entire project may be
                rendered ineligible for FTA assistance.
                2. Policy
                 FTA provides pre-award authority to incur expenses before grant
                award for certain program areas described below. This pre-award
                authority allows grantees to incur certain project costs before grant
                approval and retain the eligibility of those costs for subsequent
                reimbursement after grant approval. The grantee assumes all risk and is
                responsible for ensuring that all conditions are met to retain
                eligibility. This pre-award spending authority permits an eligible
                grantee to incur costs on an eligible transit capital, operating,
                planning, or administrative project without prejudice to possible
                future Federal participation in the cost of the project. In this
                notice, FTA provides
                [[Page 32000]]
                pre-award authority through the authorization period of the FAST Act
                (October 1, 2015 through September 30, 2020) for capital assistance
                under all formula programs, so long as the conditions described below
                are met. FTA provides pre-award authority for planning and operating
                assistance under the formula programs without regard to the period of
                the authorization. All pre-award authority is subject to conditions and
                triggers stated below:
                a. Operating, Planning, or Administrative Assistance
                 FTA does not impose additional conditions on pre-award authority
                for operating, planning, or administrative assistance under the formula
                grant programs. Grantees may be reimbursed for expenses incurred before
                grant award so long as funds have been expended in accordance with all
                Federal requirements, would have been allowable if incurred after the
                date of award, and the grantee is otherwise eligible to receive the
                funding. In addition to cross-cutting Federal grant requirements,
                program specific requirements must be met. For example, a State of Good
                Repair Formula Grants project on or after October 1, 2018 must be
                included in the grantee's certified TAM Plan, a planning project must
                be included in a Unified Planning Work Program (UPWP); a Section 5310
                project be included in a coordinated public transit-human services
                transportation plan (coordinated plan) and selected by the designated
                recipient before incurring expenses, and expenditures on State
                Administration expenses under State Administered programs must be
                consistent with the State Management Plan (as defined in FTA Circular
                9040.1G, Chapter 6). Designated recipients for Section 5310 have pre-
                award authority for the ten percent of the apportionment they may use
                for program administration.
                b. Transit Capital Projects
                 For transit capital projects, the date that costs may be incurred
                varies depending on the type of activity and its potential to have a
                significant impact on the human and natural environment as described
                under conditions in section 3 below. Before an applicant may incur
                costs when pre-award authority has not been granted, it must first
                obtain a written Letter of No Prejudice (LONP) from FTA. To obtain an
                LONP, a grantee must submit a written request accompanied by adequate
                information and justification to the appropriate FTA regional office,
                as described in section 4 below.
                c. Public Transportation Innovation, Technical Assistance and Workforce
                Development
                 Unless provided for in an announcement of project selections, pre-
                award authority does not apply to Section 5312 Public Transportation
                Innovation projects or Section 5314 Technical Assistance and Workforce
                Development projects. Before an applicant may incur costs for
                activities under these programs, it must first obtain a written LONP
                from FTA. To obtain an LONP, a grantee must submit a written request
                accompanied by adequate information and justification to the
                appropriate FTA headquarters office. Information about LONP procedures
                may be obtained from the appropriate headquarters office.
                3. Conditions
                 The conditions under which pre-award authority may be utilized are
                specified below:
                 a. Pre-award authority is not a legal or implied commitment that
                the subject project will be approved for FTA assistance or that FTA
                will obligate Federal funds. Furthermore, it is not a legal or implied
                commitment that all items undertaken by the applicant will be eligible
                for inclusion in the project.
                 b. All FTA statutory, procedural, and contractual requirements must
                be met.
                 c. No action will be taken by the grantee that prejudices the legal
                and administrative findings that FTA must make in order to approve a
                project.
                 d. Local funds expended by the grantee after the date of the pre-
                award authority will be eligible for credit toward local match or
                reimbursement if FTA later makes a grant or grant amendment for the
                project. Local funds expended by the grantee before the date of the
                pre-award authority will not be eligible for credit toward local match
                or reimbursement. Furthermore, the expenditure of local funds or the
                undertaking of certain activities that would compromise FTA's ability
                to comply with Federal environmental laws (e.g., project implementation
                activities such as land acquisition, demolition, or construction before
                the date of pre-award authority) may render the project ineligible for
                FTA funding.
                 e. The Federal amount of any future FTA assistance awarded to the
                grantee for the project will be determined based on the overall scope
                of activities and the prevailing statutory provisions with respect to
                the Federal/local match ratio at the time the funds are obligated.
                 f. For funds to which the pre-award authority applies, the
                authority expires with the lapsing of the fiscal year funds.
                 g. When a grant for the project is subsequently awarded, the grant
                and the Federal Financial Report in TrAMS must indicate the use of pre-
                award authority.
                 h. Environmental Requirements.
                 All Federal environmental requirements must be met at the
                appropriate time for a project to remain eligible for Federal funding.
                Designated recipients may incur costs for design and environmental
                review activities for all formula funded projects from the date of the
                authorization of the formula funds or for discretionary funded projects
                other than those funded by the Capital Investment Grants (CIG) program
                from the date of the announcement of the competitive allocation of
                funds for the project.
                 For projects that qualify for a categorical exclusion (CE) pursuant
                to 23 CFR 771.118(c), designated recipients may start activities and
                incur costs under pre-award authority for property acquisition,
                demolition, construction, and acquisition of vehicles, equipment, or
                construction materials from the date of the authorization of formula
                funds or the date of the announcement of competitive allocations for
                the project.
                 FTA recommends that a grant applicant considering a CE pursuant to
                23 CFR 771.118(c) contact FTA's Regional Office for assistance in
                determining the appropriate environmental review process and level of
                documentation necessary before incurring the above-mentioned costs,
                especially when the grant applicant believes a CE at 23 CFR
                771.118(c)(8), (9), (10), (12), or (13) applies to its project. If FTA
                subsequently finds that a project does not qualify for a CE under 23
                CFR 771.118(c) and the sponsor has already undertaken activities under
                pre-award authority, the project will be ineligible for FTA assistance.
                 For all other non-CIG projects that do not qualify for a CE under
                23 CFR 771.118(c), grant applicants may take action and incur costs for
                property acquisition, demolition, construction, and acquisition of
                vehicles, equipment, or construction materials from the date that FTA
                completes the environmental review process required by NEPA and its
                implementing regulations, 23 U.S.C. 139, and other environmental laws,
                by its issuance of a 23 CFR 771.118(d) categorical exclusion
                determination, a finding of no significant impact (FONSI), a combined
                final environmental impact statement (FEIS)/record of decision (ROD),
                or a ROD.
                 i. Planning and other requirements.
                 Formula funds must be authorized or appropriated and competitive
                project
                [[Page 32001]]
                allocations published or announced before pre-award authority can be
                considered. The requirements that a capital project be included in a
                locally adopted Metropolitan Transportation Plan, the metropolitan
                transportation improvement program, and the federally approved
                statewide transportation improvement program (23 CFR part 450) must be
                satisfied before the grantee may advance the project beyond planning
                and preliminary design with non-federal funds under pre-award
                authority. If the project is located within an EPA-designated non-
                attainment or maintenance area for air quality, the conformity
                requirements of the Clean Air Act, 40 CFR part 93, must also be met
                before the project may be advanced into implementation-related
                activities under pre-award authority triggered by the completion of the
                NEPA process. For a planning project to have pre-award authority, the
                planning project must be included in a MPO-approved UPWP that has been
                coordinated with the State.
                 j. Federal procurement procedures, as well as the whole range of
                applicable Federal requirements (e.g., Buy America, Davis-Bacon Act,
                and Disadvantaged Business Enterprise) must be followed for projects in
                which Federal funding will be sought in the future. Failure to follow
                any such requirements could make the project ineligible for Federal
                funding. In short, the administrative flexibility allowed by pre-award
                authority requires a grantee to make certain that no Federal
                requirements are circumvented.
                 k. All program specific requirements must be met. For example,
                projects under Section 5310 must comply with specific program
                requirements, including coordinated planning. Before incurring costs,
                grantees are strongly encouraged to consult with the appropriate FTA
                Regional Office regarding the eligibility of the project for future FTA
                funds and for questions on environmental requirements, or any other
                Federal requirements that must be met.
                4. Pre-Award Authority for the Fixed Guideway Capital Investment Grants
                Program
                 Projects proposed for Section 5309 CIG program funds are required
                to follow a multi-step, multi-year process defined in law. For New
                Starts and Core Capacity projects, this process includes three phases:
                Project development (PD), engineering, and construction. For Small
                Starts projects, this process includes two phases: PD and construction.
                After receiving a letter from the project sponsor requesting entry into
                the PD phase, FTA must respond in writing within 45 days whether the
                information was sufficient for entry. If FTA's correspondence indicates
                the information was sufficient and the New Starts, Small Starts or Core
                Capacity project enters PD, FTA extends pre-award authority at that
                time to the project sponsor to incur costs for PD activities. PD
                activities include the work necessary to complete the environmental
                review process and as much engineering and design activities as the
                project sponsor believes are necessary to support the environmental
                review process. Upon completion of the environmental review process
                with a combined FEIS/ROD, ROD, FONSI, or CE determination by FTA for a
                New Starts, Small Starts, or Core Capacity Improvement project, FTA
                extends pre-award authority to the project sponsor to incur costs for
                as much engineering and design as needed to develop a reasonable cost
                estimate and financial plan for the project, utility relocation, and
                real property acquisition and associated relocations for any property
                acquisitions not already accomplished as a separate project for
                hardship or protective purposes or right-of-way under 49 U.S.C.
                5323(q).
                 For Small Starts projects, upon completion of the environmental
                review process and confirmation from FTA that the overall project
                rating is at least a Medium, FTA extends pre-award authority for
                vehicle purchases. Upon receipt of a letter notifying a New Starts or
                Core Capacity project sponsor of the project's approval into the
                engineering phase, FTA extends pre-award authority for vehicle
                purchases as well as any remaining engineering and design, demolition,
                and procurement of long lead items for which market conditions play a
                significant role in the acquisition price. The long lead items include,
                but are not limited to, procurement of rails, ties, and other
                specialized equipment, and commodities.
                 Please contact the FTA Regional Office for a determination of
                activities not listed here, but which meet the intent described above.
                FTA provides this pre-award authority in recognition of the long-lead
                time and complexity involved with purchasing vehicles as well as their
                relationship to the ``critical path'' project schedule. FTA cautions
                grantees that do not currently operate the type of vehicle proposed in
                the project about exercising this pre-award authority. FTA encourages
                these sponsors to wait until later in the process when project plans
                are more fully developed. FTA reminds project sponsors that the
                procurement of vehicles must comply with all Federal requirements,
                including, but not limited to, competitive procurement practices, the
                Americans with Disabilities Act, Disadvantaged Business Enterprise
                program requirements and Buy America. FTA encourages project sponsors
                to discuss the procurement of vehicles with FTA in regard to Federal
                requirements before exercising pre-award authority. Because there is
                not a formal engineering phase for Small Starts projects, FTA does not
                extend pre-award authority for demolition and procurement of long lead
                items. Instead, this work must await receipt of a construction grant
                award or an expedited grant agreement.
                a. Real Property Acquisition
                 As stated above, FTA extends pre-award authority for the
                acquisition of real property and real property rights for CIG projects
                (New or Small Starts or Core Capacity) upon completion of the
                environmental review process for that project. The environmental review
                process is completed when FTA signs a combined FEIS/ROD, ROD, FONSI, or
                makes a CE determination. With the limitations and caveats described
                below, real estate acquisition may commence, at the project sponsor's
                risk. To maintain eligibility for a possible future FTA grant award,
                any acquisition of real property or real property rights must be
                conducted in accordance with the requirements of the Uniform Relocation
                Assistance and Real Property Acquisition Policies Act (URA) and its
                implementing regulations, 49 CFR part 24. This pre-award authority is
                strictly limited to costs incurred: (i) To acquire real property and
                real property rights in accordance with the URA regulation; and (ii) to
                provide relocation assistance in accordance with the URA regulation.
                This pre-award authority is limited to the acquisition of real property
                and real property rights that are explicitly identified in the draft
                environmental impact statement (DEIS), FEIS, environmental assessment
                (EA), or CE documentation, as needed for the selected alternative that
                is the subject of the FTA-signed combined FEIS/ROD, ROD, FONSI, or CE
                determination. This pre-award authority regarding property acquisition
                that is granted at the completion of the environmental review process
                does not cover site preparation, demolition, or any other activity that
                is not strictly necessary to comply with the URA, with one exception--
                namely when a building that has been acquired, vacated, and awaits
                demolition poses a potential fire safety hazard or other hazard to the
                community in which it is located, or is susceptible to unauthorized
                occupants. Demolition of
                [[Page 32002]]
                the building is also covered by this pre-award authority upon FTA's
                written agreement that the adverse condition exists. Pre-award
                authority for property acquisition is also provided when FTA makes a CE
                determination for a protective buy or hardship acquisition in
                accordance with 23 CFR 771.118(d)(3). Pre-award authority for property
                acquisition is also provided when FTA completes the environmental
                review process for the acquisition of right-of-way as a separate
                project in accordance with 49 U.S.C. 5323(q). When a tiered
                environmental review in accordance with 23 CFR 771.111(g) is used, pre-
                award authority is NOT provided upon completion of the first-tier
                environmental document except when the Tier-1 ROD or FONSI signed by
                FTA explicitly provides such pre-award authority for a particular
                identified acquisition. Project sponsors should use pre-award authority
                for real property acquisition relocation assistance with a clear
                understanding that it does not constitute a funding commitment by FTA.
                FTA provides pre-award authority upon completion of the environmental
                review process for real property acquisition and relocation assistance
                for displaced persons and businesses in accordance with the
                requirements of the URA.
                b. Reimbursement of Costs Incurred Under Pre-Award Authority
                 Although FTA provides pre-award authority for property acquisition,
                long lead items, demolition, utility relocation, and vehicle purchases
                upon completion of the environmental review process, FTA does not award
                Federal funding for these activities conducted under pre-award
                authority until the project receives a CIG program construction grant.
                This is to ensure that Federal funds are not risked on a project whose
                advancement into construction is not yet assured.
                c. National Environmental Policy Act (NEPA) Activities
                 NEPA requires that certain projects proposed for FTA funding
                assistance be subjected to a public and interagency review of the need
                for the project, its environmental and community impacts, and
                alternatives to avoid and reduce adverse impacts. Projects of more
                limited scope also need a level of environmental review to determine
                whether there are significant environmental impacts or confirmation
                that a CE applies. FTA's regulation titled ``Environmental Impact and
                Related Procedures,'' at 23 CFR part 771 states that the costs incurred
                by a grant applicant for the preparation of environmental documents
                requested by FTA are eligible for FTA financial assistance (23 CFR
                771.105(f)). Accordingly, FTA extends pre-award authority for costs
                incurred to comply with NEPA regulations and to conduct NEPA-related
                activities, effective as of the earlier of the following two dates: (1)
                The date of the Federal approval of the relevant STIP or STIP amendment
                that includes the project or any phase of the project, or that includes
                a project grouping under 23 CFR 450.216(j) that includes the project;
                or (2) the date that FTA approves the project into the project
                development phase of the CIG program. The grant applicant must notify
                the FTA Regional Office to initiate the Federal environmental review
                process in accordance with the ``Dear Colleague'' letter from the FTA
                Administrator dated February 24, 2011. NEPA-related activities include,
                but are not limited to, public involvement activities, historic
                preservation reviews, Section 4(f) evaluations, wetlands evaluations,
                endangered species consultations, and biological assessments. This pre-
                award authority is strictly limited to costs incurred to conduct the
                NEPA process and associated engineering, and to prepare environmental,
                historic preservation and related documents. When a New Starts, Small
                Starts, or Core Capacity project is granted pre-award authority for the
                environmental review process, the reimbursement for NEPA activities
                conducted under pre-award authority may be sought at any time through
                Section 5307 (Urbanized Area Formula Program) or the flexible highway
                programs (e.g., Surface Transportation Program or Congestion Mitigation
                and Air Quality Improvement Program). Reimbursement from the Section
                5309 CIG program for NEPA activities conducted under pre-award
                authority is provided only for expenses incurred after entry into the
                project development phase and only once a construction grant agreement
                is signed. As with any pre-award authority, FTA reimbursement for costs
                incurred is not guaranteed.
                d. Other Activities Requiring Letter of No Prejudice (LONP)
                 Except as discussed in paragraphs i through iii above, a CIG
                project sponsor must obtain a written LONP from FTA before incurring
                costs for any activity not covered by pre-award authority. To obtain an
                LONP, an applicant must submit a written request accompanied by
                adequate information and justification to the appropriate FTA Regional
                Office, as described in B below.
                B. Letter of No Prejudice (LONP) Policy
                1. Policy
                 LONP authority allows an applicant to incur costs on a project
                utilizing non-Federal resources, with the understanding that the costs
                incurred subsequent to the issuance of the LONP may be reimbursable as
                eligible expenses or eligible for credit toward the local match should
                FTA approve the project for a grant award at a later date. LONPs are
                applicable to projects and project activities not covered by automatic
                pre-award authority. The majority of LONPs will be for Section 5309 CIG
                program projects undertaking activities not covered under automatic
                pre-award authority. LONPs may be issued for formula funds beyond the
                life of the current authorization or FTA's extension of automatic pre-
                award authority; however, the LONP is limited to a five-year period,
                unless otherwise authorized in the LONP. Receipt of Federal funding
                under any program is not implied or guaranteed by an LONP.
                2. Conditions and Federal Requirements
                 The conditions and requirements for pre-award authority specified
                in section V.4.ii and V.4.iii above apply to all LONPs. Because project
                implementation activities may not be initiated before completion of the
                environmental review process, FTA will not issue an LONP for such
                activities until the environmental review process has been completed
                with a combined FEIS/ROD, ROD, FONSI, or CE determination.
                3. Request for LONP
                 Before incurring costs for project activities not covered by
                automatic pre-award authority, the project sponsor must first submit a
                written request for an LONP, accompanied by adequate information and
                justification, to the appropriate regional office and obtain written
                approval from FTA. FTA approval of an LONP is determined on a case-by-
                case basis. Federal funding under the CIG program is not implied or
                guaranteed by an LONP. Specifically, when requesting an LONP, the
                applicant shall provide the following items:
                 a. Description of the activities to be covered by the LONP.
                 b. Justification for advancing the identified activities. The
                justification should include an accurate assessment of the consequences
                to the project scope, schedule, and budget should the LONP not be
                approved.
                 c. Allocated level of risk and contingency for the activity
                requested.
                [[Page 32003]]
                C. FY 2019 Annual List of Certifications and Assurances
                 Section 5323(n) requires FTA to publish annually a list of all
                certifications required under Chapter 53 concurrently with the
                publication of this annual apportionment notice. The 2019 version of
                FTA's Certifications and Assurances is available on FTA's website. FTA
                cannot make an award or an amendment to an award unless the recipient
                has executed the latest version of FTA's Certifications and Assurances.
                FTA encourages recipients of formula funding to execute the new
                Certifications and Assurances within 90 days of this notice, to prevent
                any delay to application processing.
                D. Civil Rights Requirements
                1. Civil Rights Overview
                 Recipients must carry out provisions of the Americans with
                Disabilities act (ADA) of 1990, Section 504 of the Rehabilitation Act
                of 1973, as amended, and the Department of Transportation's
                implementing regulations at 49 CFR parts 27, 37, 38, and 39. FTA's ADA
                Circular (4710.1) provides guidance for carrying out the regulatory
                requirements of the ADA. In addition, recipients must regularly prepare
                and submit civil rights program plans and reports to establish
                voluntary compliance and document policies and practices in the areas
                of Title VI, DBE and EEO. The current status of civil rights programs
                can be found on each recipient's Civil Rights Information page of
                TrAMS. New program plans and program updates must be submitted there as
                well. Before submitting an application for funding, recipients should
                consult with FTA Circulars and guidance and submit the following
                programs, as applicable:
                 a. Title VI of the Civil Rights Act of 1964: The Department of
                Transportation's Title VI implementing regulations are found in 49 CFR
                part 21. FTA's Title VI Circular (4702.1B) provides guidance for
                carrying out the regulatory requirements.
                 b. Disadvantaged Business Enterprise (DBE) program and triennial
                goal: The Department of Transportation's DBE implementing regulations
                are found in 49 CFR part 26 and provide guidance for carrying out the
                regulatory requirements and developing the triennial DBE goal.
                 c. Title VII of the Civil Rights Act of 1964, Equal Employment
                Opportunity (EEO): The Department of Transportation's EEO implementing
                regulations are found in 49 CFR part 21. FTA's EEO Circular (4704.1A)
                provides guidance for carrying out the regulatory requirements.
                2. Disadvantaged Business Enterprise Program--Transit Vehicle
                Manufacturers (TVM)
                 Recipients exercising pre-award authority are expected to comply
                with the DBE regulations. The Department of Transportation's DBE
                program helps small businesses owned by socially and economically
                disadvantaged individuals to compete in the marketplace, and is
                designed to support the people who create jobs--our nation's
                entrepreneurs. When procuring vehicles, 49 CFR 26.49 requires that
                transit vehicle manufacturers (TVMs) ``must establish and submit for
                FTA's approval an annual overall percentage goal'' and ``one that has
                been approved or has not been disapproved, at the time solicitations
                are made eligible for bid.''
                 It is the recipient's responsibility to ensure that the TVM has
                submitted a goal to FTA and FTA has either approved it or not
                disapproved it. A recipient may verify a TVM has submitted a DBE goal
                to FTA for its review by checking the FTA Eligible TVMs List located at
                www.transit.dot.gov/tvm. A recipient may request from FTA verification
                of the eligibility of a TVM not included on FTA's website. Please email
                your request to [email protected], and FTA will respond via
                email within five business days. Failure by a recipient to verify a
                TVM's eligibility to bid on an FTA-assisted contract prior to award
                cannot be cured after award of the contract and will likely result in
                FTA declining to provide federal funding for the vehicle procurement.
                 Furthermore, recipients are also reminded of the requirement in 49
                CFR 26.49(a)(4), which states, ``FTA recipients are required to submit
                within 30 days of making an award, the name of the successful bidder,
                and the total dollar value of the contract in the manner prescribed in
                the grant agreement.'' Recipients are to report to FTA all vehicle
                purchases, post-production alterations, and retrofit procurements
                within the 30 days of award using the electronic Transit Vehicle Award
                Reporting form found at www.transit.dot.gov/dbe. Vehicles purchased
                solely for personal use and/or purchased ``off the lot'' do not need to
                be reported. Recipients that receive the funds directly from FTA must
                report on behalf of their subrecipients as well. Only the subrecipients
                that received the federal funds directly from FTA are responsible for
                reporting the vehicle awards to FTA.
                E. Consolidated Planning Grants
                 FTA and FHWA planning funds under both the Metropolitan Planning
                and State Planning and Research Programs can be consolidated into a
                single consolidated planning grant, awarded by either FTA or FHWA. The
                Consolidated Planning Grants (CPG) eliminate the need to monitor
                individual fund sources, if several have been used, and ensures that
                the oldest funds will always be used first.
                 Under the CPG, States can report metropolitan planning program
                expenditures, to comply with the Uniform Guidance 2 CFR 200, subpart F,
                for both FTA and FHWA under the Catalogue of Federal Domestic
                Assistance number for FTA's Metropolitan Planning Program (20.505).
                Additionally, for States with an FHWA Metropolitan Planning (PL) fund-
                matching ratio greater than 80 percent, the State can waive the 20
                percent local share requirement, with FTA's concurrence, to allow FTA
                funds used for metropolitan planning in a CPG to be granted at the
                higher FHWA rate. For some States, this Federal match rate can exceed
                90 percent.
                 States interested in transferring planning funds between FTA and
                FHWA should contact the FTA Regional Office or FHWA Division Office for
                more detailed procedures. The FHWA Order 4551.1 dated August 12, 2013,
                on ``Funding Transfers to Other Agencies and Among Title 23 Programs''
                provides guidance and more detailed information.
                 For further information on CPGs, contact Ann Souvandara, Office of
                Budget and Policy, FTA, at (202) 366-0649 or [email protected].
                F. Grant Application Procedures
                 All applications for FTA funds should be submitted to the
                appropriate FTA Regional Office. All applications are filed
                electronically. FTA continues to award and manage grants and
                cooperative agreements using the Transit Award Management System
                (TrAMS). Information on accessing and using TrAMS, including a list of
                FTA points of contact for the system, can be found on FTA's website at
                https://www.transit.dot.gov/TrAMS.
                 FTA regional staff are responsible for working with grantees to
                review and process grant applications. For an application to be
                considered complete and ready for FTA to assign a Federal Award
                Identification Number (FAIN), enabling submission in TrAMS, and
                submission to the Department of Labor, when applicable, the following
                requirements must be met:
                [[Page 32004]]
                 1. Recipient has registered in the System for Award Management
                (SAM) and its registration is current with an active status. To
                register an entity or check the status and renew registration, visit
                the SAM website at https://www.sam.gov/SAM/.
                 2. Recipient's contact information, including Dun and Bradstreet
                Data Universal Numbering System (DUNS), is correct. To request a DUNS
                number, call Dun & Bradstreet at 1-866-705-5711 or visit the website at
                http://fedgov.dnb.com/webform.
                 3. Recipient has properly submitted its annual certifications and
                assurances.
                 4. Recipient's Civil Rights submissions are current.
                 5. After October 1, 2018, the grantee has a Transit Asset
                Management plan in place that meets the requirements of 49 CFR part
                625, or is covered by a compliant Group Plan.
                 6. Documentation is on file to support recipient's status as either
                a designated recipient for the program and area or a direct recipient.
                 7. Funding is available, including any flexible funds included in
                the budget, and split letters or suballocation letters on file, where
                applicable, to support the amount requested in the grant application.
                 8. The activity is listed in a currently approved Transportation
                Improvement Program (TIP); Statewide Transportation Improvement Program
                (STIP), or Unified Planning Work Program (UPWP).
                 9. All eligibility issues are resolved.
                 10. Required environmental findings are made.
                 11. The application contains a well-defined scope of work,
                including at least one project with accompanying project narratives, at
                least one budget scope code and an activity line item, Federal and non-
                Federal funding amounts, and milestones.
                 12. Major Capital Projects as defined by 49 CFR part 633 ``Project
                Management Oversight'' must document FTA has reviewed the project
                management plan and provided approval.
                 13. Milestone information is complete. FTA will also review status
                of other open grants reports to confirm financial and milestone
                information is current on other open awards.
                 FTA must also provide Congressional notification before awarding
                competitive grants.
                 Other important issues that impact FTA grant processing activities
                in addition to the list above are discussed below.
                a. Award Budgets--Scope Codes and Activity Line Items (ALI) Codes;
                Financial Purpose Codes
                 FTA uses Scope and ALI Codes in the award budgets to track
                disbursements, monitor program trends, report to Congress, and to
                respond to requests from the Inspector General and the Government
                Accountability Office, as well as to manage grants. The accuracy of the
                data is dependent on the careful and correct use of codes.
                b. Designated and Direct Recipients Documentation
                 For its formula programs, FTA primarily apportions funds to the
                designated recipient in the large UZAs (areas over 200,000), or for
                areas under 200,000 (small UZAs and rural areas), it apportions the
                funds to the Governor, or its designee (e.g., State DOT). Depending on
                the program, as described in the individual program sections found in
                Section IV of this notice, further suballocation of funds may be
                permitted to eligible recipients who may then apply directly to FTA for
                the funding as direct recipients.
                 For the programs in which FTA may make grants to eligible direct
                recipients, other than the designated recipient(s), recipients are
                reminded that documentation must be on file to support: (1) The status
                of the recipient either as a designated recipient or direct recipient;
                and (2) the allocation of funds to the direct recipient.
                 Documentation to support existing designated recipients for the UZA
                must also be on file at the time of the first application in FY 2019.
                Split letters and/or suballocation letters (Governor's Apportionment
                letters), must also be on file to support grant applications from
                direct recipients. Once suballocation letters for FY 2019 funding are
                finalized they should be uploaded as part of the application into
                TrAMS.
                 The Direct Recipient is required to upload to TrAMS a copy of the
                suballocation letter (Letter) indicating their allocation of funding,
                for the appropriate fund program, when the applicant transmits their
                application for initial review. The Letter must be signed by the
                Designated Recipient, or as applicable in accordance with their
                planning requirements. If there are two Designated Recipients, both
                entities must sign the Letter. The Letter must: (1) Indicate the
                allocations to the respective Direct Recipients listed in the letter;
                (2) incorporate language above the signatories to reflect this
                agreement; and (3) make clear that the Direct Recipient will assume
                any/all responsibility associated with the award for the funds. When
                drafting the Letter, Designated Recipients may use the template
                language below:
                 ``As identified in this Letter, the Designated Recipient(s)
                authorize the reassignment/reallocation of [enter fund source; e.g.
                Section 5307 funds] to the Direct Recipient(s) named herein. The
                undersigned agree to the amounts allocated/reassigned to each direct
                Recipient. Each Direct Recipient is responsible for its application to
                the Federal Transit Administration to receive such funds and assumes
                the responsibilities associated with any award for these funds.''
                1. Payments
                 Once a grant has been awarded and executed, requests for payment
                can be processed. To process payments, FTA uses ECHO-Web, an internet
                accessible system that provides grantees the capability to submit
                payment requests online, as well as receive user-IDs and passwords via
                email. New applicants should contact the appropriate FTA Regional
                Office to obtain and submit the registration package necessary for set-
                up under ECHO-Web.
                2. Oversight
                 FTA is responsible for conducting oversight activities to help
                ensure that grant recipients use FTA Federal financial assistance in a
                manner consistent with its intended purpose and in compliance with
                regulatory and statutory requirements. FTA conducts periodic oversight
                reviews to assess grantee compliance with applicable Federal
                requirements. Each Urbanized Area Formula Program recipient is reviewed
                every three years as part of FTA's Triennial Review; and States and
                state-wide public transportation agencies are reviewed periodically to
                assess the management practices and program implementation of FTA
                state-wide programs (e.g., Planning, Rural Areas, Enhanced Mobility of
                Seniors and Individuals with Disabilities Programs). Other more
                detailed reviews are scheduled based on an annual grantee oversight
                assessment. Important objectives of FTA's oversight program include,
                but are not limited to: Determining grantee compliance with Federal
                requirements; identifying technical assistance needs, and delivering
                technical assistance to meet those needs; spotting emerging issues with
                grantees; recognizing when there is a need for more in-depth reviews in
                the areas of procurement, financial management, and civil rights; and
                identifying grantees with recurring or systemic issues.
                [[Page 32005]]
                3. Technical Assistance
                 As noted throughout the notice, recipients should review FTA's
                program circulars for general program guidance. FTA headquarters and
                regional staff will be pleased to answer questions and provide any
                technical assistance needed to apply for FTA program funds and manage
                grants. At its discretion, FTA may also use program oversight
                consultants to provide technical assistance to grantees on a case by
                case basis. This notice and the program guidance circulars identified
                in this document may be accessed on FTA's website: www.transit.dot.gov.
                G. Grant Management
                1. Grant Reporting
                 FTA grantees are required to report on their grants. It is critical
                to ensure reports demonstrate that reasonable progress is being made on
                projects. At a minimum, all awards require a Federal Financial Report
                (FFR) and a Milestone Progress Report (MPR) on an annual basis. Some
                reports are required quarterly depending on the recipient and the type
                of projects funded under the grant and FTA's risk-based reporting
                policy that went into effect on October 1, 2017. The requirements for
                these reports and other reporting requirements can be found in the
                latest version of FTA Circular 5010. FTA staff, auditors, and
                contractors rely on the information provided in the FFR and MPR to
                review and report on the status of both financial and project-level
                activities contained in the grant. It is critical that recipients
                provide accurate and complete information in these reports and submit
                them by the required due date. Failure to report and/or demonstrate
                reasonable progress on projects can result in suspension or premature
                closeout of a grant.
                2. Inactive Grants and Grant Closeout
                 In FY 2019, FTA will continue to focus on identifying and working
                with recipients to close inactive grants. If appropriate, FTA will act
                to closeout and deobligate funds from these grants if reasonable
                progress is not made. The efficient use of funds will further FTA's
                fulfillment of its mission to provide efficient and effective public
                transportation systems for the nation.
                 In October 2018, FTA identified a list of grants that were awarded
                on or prior to September 30, 2015 that had not disbursed funds since
                September 30, 2017 or had never disbursed funds. FTA Regional Offices
                will contact grant recipients with grants that meet these criteria, to
                close the grant and deobligate any remaining funds unless the grantee
                can provide information that demonstrates projects funded by the grant
                remain active and there is a realistic schedule to expedite completion
                of the projects.
                 Issued in Washington, DC.
                K. Jane Williams,
                Acting Administrator.
                [FR Doc. 2019-14248 Filed 7-2-19; 8:45 am]
                 BILLING CODE 4910-57-P
                

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