81_FR_43833 81 FR 43705 - Fourth Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy

81 FR 43705 - Fourth Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 128 (July 5, 2016)

Page Range43705-43707
FR Document2016-15801

The Federal Transit Administration (FTA) announces the allocation of $834,612,566 through the Public Transportation Emergency Relief Program (Emergency Relief Program, Catalogue of Federal Domestic Assistance #20.527) for recovery projects to three FTA recipients with estimated damages that exceed the amounts of funding previously made available: The Metropolitan Transportation Authority of New York, the New Jersey Transit Corporation, and the Port Authority of New York and New Jersey. Funds allocated in this notice are in addition to funds allocated on March 29, 2013 (78 FR 19357), May 29, 2013 (78 FR 32296), and November 5, 2014 (79 FR 65762), and brings the total amount of Hurricane Sandy Emergency Relief funds allocated by FTA to date to $10.088 billion. Of that amount, $5,196,184,125 has been allocated for emergency response, recovery, and rebuilding projects and $4,891,883,625 has been allocated for resilience projects, which are designed to protect transit systems in the Hurricane Sandy disaster area from damages associated with future storms. With this notice, FTA has now fully allocated all of the funding made available under the Disaster Relief Appropriations Act of 2013 (Appropriations Act, Pub. L. 113-2). FTA is allocating funds consistent with the requirements of the Appropriations Act, the FTA Emergency Relief Program 49 U.S.C. 5324, the Final Rule for the Emergency Relief Program, 49 CFR part 602, published in the Federal Register on October 7, 2014 (78 FR 23806), and all previously announced FTA policies and procedures for Hurricane Sandy Emergency Relief funding. In addition, this notice establishes a procedure for recipients to request the reallocation of funding previously allocated for resilience projects to fund eligible disaster recovery expenses in excess of the total amount of funding available from previous allocations, insurance payments, and the expected local cost share. Funds reallocated under this procedure must be used for disaster recovery expenses or be returned to FTA upon completion of the recovery effort. Reallocation requests are subject to the terms and conditions specified in this notice and must be approved by FTA. Unless specifically revised by this notice, all previously published program policies and requirements associated with Hurricane Sandy recovery and rebuilding funding remain in effect.

Federal Register, Volume 81 Issue 128 (Tuesday, July 5, 2016)
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43705-43707]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15801]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Fourth Allocation of Public Transportation Emergency Relief Funds 
in Response to Hurricane Sandy

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) announces the 
allocation of $834,612,566 through the Public Transportation Emergency 
Relief Program (Emergency Relief Program, Catalogue of Federal Domestic 
Assistance #20.527) for recovery projects to three FTA recipients with 
estimated damages that exceed the amounts of funding previously made 
available: The Metropolitan Transportation Authority of New York, the 
New Jersey Transit Corporation, and the Port Authority of New York and 
New Jersey. Funds allocated in this notice are in addition to funds 
allocated on March 29, 2013 (78 FR 19357), May 29, 2013 (78 FR 32296), 
and November 5, 2014 (79 FR 65762), and brings the total amount of 
Hurricane Sandy Emergency Relief funds allocated by FTA to date to 
$10.088 billion. Of that amount, $5,196,184,125 has been allocated for 
emergency response, recovery, and rebuilding projects and 
$4,891,883,625 has been allocated for resilience projects, which are 
designed to protect transit systems in the Hurricane Sandy disaster 
area from damages associated with future storms. With this notice, FTA 
has now fully allocated all of the funding made available under the 
Disaster Relief Appropriations Act of 2013 (Appropriations Act, Pub. L. 
113-2). FTA is allocating funds consistent with the requirements of the 
Appropriations Act, the FTA Emergency Relief Program 49 U.S.C. 5324, 
the Final Rule for the Emergency Relief Program, 49 CFR part 602, 
published in the Federal Register on October 7, 2014 (78 FR 23806), and 
all previously announced FTA policies and procedures for Hurricane 
Sandy Emergency Relief funding.
    In addition, this notice establishes a procedure for recipients to 
request the reallocation of funding previously allocated for resilience 
projects to fund eligible disaster recovery expenses in excess of the 
total amount of funding available from previous allocations, insurance 
payments, and the expected local cost share. Funds reallocated under 
this procedure must be used for disaster recovery expenses or be 
returned to FTA upon completion of the recovery effort. Reallocation 
requests are subject to the terms and conditions specified in this 
notice and must be approved by FTA.
    Unless specifically revised by this notice, all previously 
published program policies and requirements associated with Hurricane 
Sandy recovery and rebuilding funding remain in effect.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Office found at http://www.fta.dot.gov for application-specific 
information and other assistance needed in preparing an FTA grant 
application. For program-specific questions, please contact Adam 
Schildge, Office of Program Management, 1200 New Jersey Ave. SE., 
Washington, DC 20590, phone: (202) 366-0778, or email, 
[email protected]. For legal questions, contact Helen Serassio, 
Office of Chief Counsel, same address, phone: (202) 366-1974, or email, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Allocation of Hurricane Sandy Recovery Funding
II. Procedure for Reallocation of Resilience Funds for Disaster 
Recovery
III. Award Administration

I. Allocation of Hurricane Sandy Recovery Funding

    The FTA Emergency Relief (ER) Program provides FTA with the 
authority to reimburse emergency response and recovery costs for public 
transportation systems, including costs for projects to protect systems 
in danger of future damage (resilience projects), after an emergency or 
major disaster. The Disaster Relief Appropriations Act provides $10.9 
billion for FTA's Emergency Relief Program for recovery, relief, and 
resilience efforts in areas affected by Hurricane Sandy. However, as a 
result of the Balanced Budget and Emergency Deficit Control Act of 2011 
(Pub. L. 112-25) for fiscal year (FY) 2013, approximately five percent, 
or almost $545 million of the $10.9 billion, was subject to 
sequestration and is unavailable for Hurricane Sandy disaster relief, 
leaving approximately $10.349 billion available. In addition, $185 
million was transferred to the Federal Railroad Administration (FRA) 
leaving a balance of $10.164 billion. FTA has allocated the available 
funding in multiple tiers for emergency response, recovery and 
rebuilding, locally-prioritized resilience projects, competitively 
selected resilience projects, and through direct transfers to other DOT 
offices.

------------------------------------------------------------------------
                Purpose of allocation                  Amount allocated
------------------------------------------------------------------------
Response, Recovery and Rebuilding (including $834         $5,196,184,125
 million in this notice)............................
Locally-Prioritized Resilience......................       1,300,000,000

[[Page 43706]]

 
Competitive Resilience..............................       3,591,883,625
                                                     -------------------
  Total Allocations.................................  \1\ 10,088,067,750
------------------------------------------------------------------------
\1\ An additional $76,232,250 is available for oversight/administrative
  expenses for a total of $10,164,300,000.

    With this notice, FTA is allocating the remaining $834.6 million in 
available recovery funding on a proportional basis, based on previous 
FTA recovery allocations and detailed damage assessments submitted by 
the affected agencies that were prepared in cooperation with FTA and 
Federal Emergency Management Administration (FEMA) staff, including 
recently validated updates to these estimates. The damage assessments 
completed in the immediate aftermath of Hurricane Sandy estimated a 
recovery and rebuilding cost of $5.83 billion. During the summer of 
2015, FTA was notified by three of the affected transit agencies that 
the estimated cost of recovery and rebuilding has increased due to 
previously unknown latent damages, refinement of the cost estimates for 
recovery capital projects, and changes in the construction market since 
the original damage estimates were submitted. FTA required submission 
of the revised cost estimates by August 14, 2015. Based on those 
submittals, FTA independently verified the validity of proposed 
increases, and has determined that the estimated total cost of 
repairing the damage has increased by approximately $2.1 billion to a 
revised total estimated $7.9 billion.
    As this is the final allocation of funds, FTA is allocating these 
funds proportionally based on the current estimated unfunded recovery 
need for each agency, which takes into account the current revised 
estimated damage assessments as well as funds that have previously been 
allocated. Consistent with previous allocations and program policies, 
recovery funding allocated in this notice can be used for eligible 
recovery expenses in accordance with the Emergency Relief program 
requirements. This includes the recovery costs of transportation assets 
owned by other entities, to the extent those assets are used for public 
transportation purposes, and in a proportion consistent with written 
agreement(s) between the public transit agency and the owner of the 
asset.
    The approximately $834.6 million allocated in this notice includes 
approximately $817 million that was reserved for future allocation and 
a remaining balance of $17.473 million from the approximately $28 
million that FTA set aside in the March 29, 2013, Federal Register 
Notice of Allocation. Prior to determining the allocation amounts in 
this notice, FTA solicited requests for outstanding Hurricane Sandy 
disaster relief needs from other affected transit agencies. Based on 
the responses received, FTA has determined that there are no remaining 
disaster recovery needs beyond the three agencies included in this 
notice.

                                        Federal Transit Administration FTA Section 5324 Emergency Relief Program
                                                 [Allocations for Hurricane Sandy recovery, by agency *]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Additional
              State(s)                        Agency          Discretionary funding ID (current  Previous recovery     recovery and    Total allocations
                                                                         allocation)                allocations        restoration
--------------------------------------------------------------------------------------------------------------------------------------------------------
NY..................................  New York Metropolitan   D2016-SAND-003...................     $2,896,771,774       $432,019,737     $3,328,791,511
                                       Transportation
                                       Authority.
NY, NJ..............................  Port Authority of New   D2016-SAND-004...................      1,073,024,652        299,760,847      1,372,785,499
                                       York and New Jersey.
NJ..................................  New Jersey Transit      D2016-SAND-005...................        341,990,757        102,831,982        444,822,739
                                       Corporation.
Mult................................  Other affected          .................................         49,784,376                  0         49,784,376
                                       agencies.
                                                             -------------------------------------------------------------------------------------------
    Grand total.....................  ......................  .................................      4,361,571,559        834,612,566      5,196,184,125
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ Allocation amounts reflect reductions due to sequestration. Recovery funds include capital and operating assistance

II. Procedure for Reallocation of Resilience Funds for Disaster 
Recovery

A. Policy

    FTA has determined that certain transit agencies have estimated 
total recovery and rebuilding costs that exceed the amount of funding 
made available for disaster recovery under the FTA ER Program. These 
damage estimates have increased due to the discovery of latent damages, 
refinement to project cost estimates, and changes in the construction 
market since the original estimates were submitted. The need for 
Federal assistance has also increased due to the use by recipients of 
statutory alternatives to local cost sharing and the undetermined 
status of insurance proceeds. Additionally, FTA has previously 
allocated funding to these agencies for resilience projects designed to 
protect the transit systems from damages associated with future natural 
disasters; however, a portion of this resilience funding has not yet 
been obligated or disbursed.
    Based on a review of the remaining unfunded disaster recovery 
needs, FTA will allow recipients the option to request a reallocation 
of unliquidated resilience funding for their remaining unfunded 
disaster recovery expenses.
    Each agency may request the reallocation of resilience funds up to 
a maximum amount that is based on most recent damage cost estimates 
submitted by the agencies as of August 14, 2015, and validated by FTA, 
insurance payments that have been received to date, and an expectation 
that agencies will provide a local cost share equal to at least 10 
percent of the total cost of Hurricane Sandy disaster recovery. The 
estimated maximum amount each agency may request to reallocate for FTA 
ER funding is shown in the table below. However, these amounts may 
increase or decrease based on additional validated recovery costs and/
or the receipt of additional insurance proceeds.

------------------------------------------------------------------------
                                         Estimated maximum amount of
               Agency                    resilience funds that may be
                                           reallocated ($ million)
------------------------------------------------------------------------
MTA-NY.............................  800.7
Port Authority.....................  466.6
New Jersey Transit.................  187.6
------------------------------------------------------------------------

    A transit agency's request for reallocation of resilience funds may 
include eligible repair work to transportation assets not owned by the 
transit agency, but used by it, if the transit agency provides 
documentation that: Demonstrates that the damage was caused by 
Hurricane Sandy; that the

[[Page 43707]]

asset is used for public transportation purposes; and; that the 
proposed share of the project cost is consistent with written 
agreement(s) between the public transit agency and the owner of the 
asset.
    In determining whether to approve a reallocation request, FTA will 
review the eligibility of the proposed project for Hurricane Sandy 
recovery funding. The reallocation request must include information 
sufficient for FTA to make the following determinations:
     The proposed project is a capital recovery project that 
addresses damage caused directly by Hurricane Sandy.
     The proposed recovery project is documented in previously 
validated damage estimates (original or revised) or in new 
documentation demonstrating that the damage was caused by Hurricane 
Sandy.
     For proposed recovery projects that include costs 
associated with repairing transportation assets owned by other 
entities, the applicant must provide documentation showing that the 
asset is used for public transportation purposes, and that the proposed 
share of the project cost is consistent with written agreement(s) 
between the public transit agency and the owner of the asset.
     The proposed recovery project complies with the 
Appropriations Act, the FTA's Emergency Relief Program Final Rule and 
applicable FTA guidance.
     If funds will be reallocated from a resilience project for 
which FTA has disbursed funding, the applicant must demonstrate that 
that the funds disbursed to date will support a resilience project of 
independent utility, consistent with the scope of the competitive 
funding application if applicable.
     The request must also include documentation explaining why 
the applicant has prioritized the recovery project over the resilience 
project.
    The eligibility of recovery projects for reallocated funding is 
consistent with previous eligibilities for recovery funding under this 
program. Funds reallocated under this procedure may only be used for 
the recovery project or projects listed in the reallocation request.

B. Requirements

    Agencies that wish to request a reallocation of resilience funds 
must provide:
     The name, location, and description of the recovery 
project(s) for which funds are requested to be reallocated to.
     Documentation identifying the project in the most recent 
validated Hurricane Sandy damage assessment, or if new, documentation 
showing that the project is an eligible disaster recovery expense 
resulting directly from damages caused by Hurricane Sandy. Such 
documentation may include FEMA draft project worksheets from the period 
immediately after the disaster, engineering estimates that indicate the 
source of damages and the scope and projected cost of necessary repair 
work, or other similar documents.
     A statement why the requested project is a priority over 
the resilience project losing the funds.
     The source of resilience funds (local priority resilience 
or competitive resilience) that will be returned to the program, as 
well as the location and description of any resilience project(s) from 
which funds will be withdrawn and the status of those projects.
     If applicable, a copy of the subject agreement with a 
third party entity if the proposed project includes an asset owned by a 
third party, including the methodology for determining the allocation 
of costs associated with repairing the relevant asset.
     If FTA funds have been disbursed for a resilience project 
from which the agency proposes to return funds for reallocation, the 
application must indicate the amount of funds not disbursed for the 
project, the amount of those funds to be retained for additional work 
on the project, the status of the project, and an explanation of 
whether or how any funds retained and the disbursed funds will be used 
to complete a resilience project with independent utility.
    All requests for reallocation of funds for recovery projects must 
be submitted to FTA no later than September 30, 2016. All requests must 
be submitted through the FTA Emergency Relief docket under FTA-2016-
0001. FTA will post the agency response to reallocation requests to the 
docket.

III. Coordination With the Federal Emergency Management Agency (FEMA)

    The Disaster Relief Appropriations Act of 2013 appropriated funding 
to FTA for transit systems affected by Hurricane Sandy, and a 
Memorandum of Agreement between FTA and FEMA establishes FTA as the 
primary payor of expenses incurred by public transportation agencies as 
a result of a major disaster. FTA and FEMA continue to coordinate on 
funding for Sandy damages, and FEMA has advised that where FTA has made 
available funding that by FTA's estimation fully satisfies the Federal 
share of 90% of the maximum amount of funding needed for public transit 
disaster recovery expenses required by Hurricane Sandy damage, 
additional funding from FEMA is not eligible.

IV. Award Administration

    All previously published program policies and requirements 
associated with Hurricane Sandy recovery and rebuilding funding remain 
in effect.

    Issued in Washington, DC.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016-15801 Filed 7-1-16; 8:45 am]
 BILLING CODE P



                                                                                           Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices                                                                          43705

                                                 APPENDIX TO NOTICE OF APPLICATION FOR APPROVAL OF MOTOR CARRIERS TO UTILIZE AMERICAN PYROTECHNICS ASSO-
                                                    CIATION’S (APA) EXEMPTION FROM THE 14-HOUR RULE DURING 2016 INDEPENDENCE DAY CELEBRATIONS—Contin-
                                                    ued
                                                                                    Motor carrier                                                          Street address                       City, state, zip code                  DOT No.

                                                42.   Sorgi American Fireworks Michigan, LLC ..........................                         935 Wales Ridge Rd ..............         Wales, MI 48027 .....................           2475727
                                                43.   Spielbauer Fireworks Co, Inc .............................................                220 Roselawn Blvd .................       Green Bay, WI 54301 .............                046479
                                                44.   Spirit of 76 ..........................................................................   6401 West Hwy 40 .................        Columbia, MO 65202 ..............               2138948
                                                45.   Starfire Corporation ............................................................         682 Cole Road ........................    Carrolltown, PA 15722 ............               554645
                                                46.   Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc.                                 2235 Vermont Route 14 South               East Montpelier, VT 05651 .....                  310632
                                                47.   Western Display Fireworks, Ltd ..........................................                 10946 S. New Era Rd ............          Canby, OR 97013 ...................              498941
                                                48.   Western Enterprises, Inc ....................................................             P.O. Box 160 ..........................   Carrier, OK 73727 ..................             203517
                                                49.   Wolverine Fireworks Display, Inc .......................................                  205 W Seidlers .......................    Kawkawlin, MI .........................          376857
                                                50.   Young Explosives Corp ......................................................              P.O. Box 18653 ......................     Rochester, NY 14618 .............                450304
                                                51.   Zambelli Fireworks MFG, Co., Inc ......................................                   P.O. Box 1463 ........................    New Castle, PA 16103 ...........                 033167
                                                   * Not included in 2015 list of approved carriers.


                                                [FR Doc. 2016–15797 Filed 6–29–16; 4:15 pm]                               FTA is allocating funds consistent with                          Table of Contents
                                                BILLING CODE 4910–EX–P                                                    the requirements of the Appropriations                           I. Allocation of Hurricane Sandy Recovery
                                                                                                                          Act, the FTA Emergency Relief Program                                  Funding
                                                                                                                          49 U.S.C. 5324, the Final Rule for the                           II. Procedure for Reallocation of Resilience
                                                DEPARTMENT OF TRANSPORTATION                                              Emergency Relief Program, 49 CFR part                                  Funds for Disaster Recovery
                                                                                                                          602, published in the Federal Register                           III. Award Administration
                                                Federal Transit Administration                                            on October 7, 2014 (78 FR 23806), and
                                                                                                                          all previously announced FTA policies                            I. Allocation of Hurricane Sandy
                                                Fourth Allocation of Public
                                                                                                                          and procedures for Hurricane Sandy                               Recovery Funding
                                                Transportation Emergency Relief
                                                                                                                          Emergency Relief funding.
                                                Funds in Response to Hurricane Sandy                                                                                                          The FTA Emergency Relief (ER)
                                                                                                                             In addition, this notice establishes a
                                                AGENCY: Federal Transit Administration                                    procedure for recipients to request the                          Program provides FTA with the
                                                (FTA), DOT.                                                               reallocation of funding previously                               authority to reimburse emergency
                                                                                                                          allocated for resilience projects to fund                        response and recovery costs for public
                                                ACTION: Notice.
                                                                                                                          eligible disaster recovery expenses in                           transportation systems, including costs
                                                SUMMARY:   The Federal Transit                                            excess of the total amount of funding                            for projects to protect systems in danger
                                                Administration (FTA) announces the                                        available from previous allocations,                             of future damage (resilience projects),
                                                allocation of $834,612,566 through the                                    insurance payments, and the expected                             after an emergency or major disaster.
                                                Public Transportation Emergency Relief                                    local cost share. Funds reallocated                              The Disaster Relief Appropriations Act
                                                Program (Emergency Relief Program,                                        under this procedure must be used for                            provides $10.9 billion for FTA’s
                                                Catalogue of Federal Domestic                                             disaster recovery expenses or be                                 Emergency Relief Program for recovery,
                                                Assistance #20.527) for recovery                                          returned to FTA upon completion of the                           relief, and resilience efforts in areas
                                                projects to three FTA recipients with                                     recovery effort. Reallocation requests are                       affected by Hurricane Sandy. However,
                                                estimated damages that exceed the                                         subject to the terms and conditions                              as a result of the Balanced Budget and
                                                amounts of funding previously made                                        specified in this notice and must be                             Emergency Deficit Control Act of 2011
                                                available: The Metropolitan                                               approved by FTA.                                                 (Pub. L. 112–25) for fiscal year (FY)
                                                Transportation Authority of New York,                                        Unless specifically revised by this                           2013, approximately five percent, or
                                                the New Jersey Transit Corporation, and                                   notice, all previously published                                 almost $545 million of the $10.9 billion,
                                                the Port Authority of New York and                                        program policies and requirements                                was subject to sequestration and is
                                                New Jersey. Funds allocated in this                                       associated with Hurricane Sandy                                  unavailable for Hurricane Sandy
                                                notice are in addition to funds allocated                                 recovery and rebuilding funding remain                           disaster relief, leaving approximately
                                                on March 29, 2013 (78 FR 19357), May                                      in effect.                                                       $10.349 billion available. In addition,
                                                29, 2013 (78 FR 32296), and November                                                                                                       $185 million was transferred to the
                                                                                                                          FOR FURTHER INFORMATION CONTACT:                                 Federal Railroad Administration (FRA)
                                                5, 2014 (79 FR 65762), and brings the
                                                                                                                          Contact the appropriate FTA Regional                             leaving a balance of $10.164 billion.
                                                total amount of Hurricane Sandy
                                                                                                                          Office found at http://www.fta.dot.gov                           FTA has allocated the available funding
                                                Emergency Relief funds allocated by
                                                                                                                          for application-specific information and                         in multiple tiers for emergency
                                                FTA to date to $10.088 billion. Of that
                                                                                                                          other assistance needed in preparing an                          response, recovery and rebuilding,
                                                amount, $5,196,184,125 has been
                                                                                                                          FTA grant application. For program-                              locally-prioritized resilience projects,
                                                allocated for emergency response,
                                                                                                                          specific questions, please contact Adam                          competitively selected resilience
                                                recovery, and rebuilding projects and
                                                                                                                          Schildge, Office of Program                                      projects, and through direct transfers to
                                                $4,891,883,625 has been allocated for
                                                                                                                          Management, 1200 New Jersey Ave. SE.,                            other DOT offices.
                                                resilience projects, which are designed
                                                                                                                          Washington, DC 20590, phone: (202)
                                                to protect transit systems in the
sradovich on DSK3GDR082PROD with NOTICES




                                                                                                                          366–0778, or email,                                                Purpose of allocation              Amount allocated
                                                Hurricane Sandy disaster area from
                                                                                                                          Adam.Schildge@dot.gov. For legal
                                                damages associated with future storms.
                                                                                                                          questions, contact Helen Serassio, Office                        Response, Recovery
                                                With this notice, FTA has now fully                                                                                                          and Rebuilding (in-
                                                                                                                          of Chief Counsel, same address, phone:
                                                allocated all of the funding made                                                                                                            cluding $834 million
                                                                                                                          (202) 366–1974, or email,
                                                available under the Disaster Relief                                                                                                          in this notice) .............          $5,196,184,125
                                                                                                                          Helen.Serassio@dot.gov.
                                                Appropriations Act of 2013                                                                                                                 Locally-Prioritized Resil-
                                                (Appropriations Act, Pub. L. 113–2).                                      SUPPLEMENTARY INFORMATION:                                         ience ..........................        1,300,000,000



                                           VerDate Sep<11>2014         17:27 Jul 01, 2016       Jkt 238001      PO 00000       Frm 00136        Fmt 4703    Sfmt 4703   E:\FR\FM\05JYN1.SGM        05JYN1


                                                43706                                     Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices

                                                  Purpose of allocation                  Amount allocated                  rebuilding has increased due to                                       the Emergency Relief program
                                                                                                                           previously unknown latent damages,                                    requirements. This includes the
                                                Competitive Resilience                          3,591,883,625              refinement of the cost estimates for                                  recovery costs of transportation assets
                                                                                                                           recovery capital projects, and changes in                             owned by other entities, to the extent
                                                   Total Allocations ........               1 10,088,067,750
                                                                                                                           the construction market since the                                     those assets are used for public
                                                  1 An additional $76,232,250 is available for                             original damage estimates were                                        transportation purposes, and in a
                                                oversight/administrative expenses for a total of                           submitted. FTA required submission of                                 proportion consistent with written
                                                $10,164,300,000.                                                           the revised cost estimates by August 14,                              agreement(s) between the public transit
                                                                                                                           2015. Based on those submittals, FTA                                  agency and the owner of the asset.
                                                   With this notice, FTA is allocating the                                 independently verified the validity of
                                                remaining $834.6 million in available                                      proposed increases, and has determined                                   The approximately $834.6 million
                                                recovery funding on a proportional                                         that the estimated total cost of repairing                            allocated in this notice includes
                                                basis, based on previous FTA recovery                                      the damage has increased by                                           approximately $817 million that was
                                                allocations and detailed damage                                            approximately $2.1 billion to a revised                               reserved for future allocation and a
                                                assessments submitted by the affected                                      total estimated $7.9 billion.                                         remaining balance of $17.473 million
                                                agencies that were prepared in                                               As this is the final allocation of funds,                           from the approximately $28 million that
                                                cooperation with FTA and Federal                                           FTA is allocating these funds                                         FTA set aside in the March 29, 2013,
                                                Emergency Management Administration                                        proportionally based on the current                                   Federal Register Notice of Allocation.
                                                (FEMA) staff, including recently                                           estimated unfunded recovery need for                                  Prior to determining the allocation
                                                validated updates to these estimates.                                      each agency, which takes into account                                 amounts in this notice, FTA solicited
                                                The damage assessments completed in                                        the current revised estimated damage                                  requests for outstanding Hurricane
                                                the immediate aftermath of Hurricane                                       assessments as well as funds that have                                Sandy disaster relief needs from other
                                                Sandy estimated a recovery and                                             previously been allocated. Consistent                                 affected transit agencies. Based on the
                                                rebuilding cost of $5.83 billion. During                                   with previous allocations and program                                 responses received, FTA has determined
                                                the summer of 2015, FTA was notified                                       policies, recovery funding allocated in                               that there are no remaining disaster
                                                by three of the affected transit agencies                                  this notice can be used for eligible                                  recovery needs beyond the three
                                                that the estimated cost of recovery and                                    recovery expenses in accordance with                                  agencies included in this notice.

                                                                               FEDERAL TRANSIT ADMINISTRATION FTA SECTION 5324 EMERGENCY RELIEF PROGRAM
                                                                                                                     [Allocations for Hurricane Sandy recovery, by agency *]

                                                                                                                                             Discretionary funding                                            Additional
                                                                                                                                                                                    Previous recovery
                                                        State(s)                                     Agency                                            ID                                                   recovery and             Total allocations
                                                                                                                                                                                       allocations
                                                                                                                                              (current allocation)                                           restoration

                                                NY ........................    New York Metropolitan Transpor-                              D2016–SAND–003 ....                        $2,896,771,774          $432,019,737            $3,328,791,511
                                                                                 tation Authority.
                                                NY, NJ ..................      Port Authority of New York and                               D2016–SAND–004 ....                         1,073,024,652             299,760,847           1,372,785,499
                                                                                 New Jersey.
                                                NJ .........................   New Jersey Transit Corporation .....                         D2016–SAND–005 ....                           341,990,757             102,831,982             444,822,739
                                                Mult ......................    Other affected agencies ..................                   ....................................           49,784,376                       0              49,784,376

                                                      Grand total ....         ..........................................................   ....................................        4,361,571,559             834,612,566           5,196,184,125
                                                   * Allocation    amounts reflect reductions due to sequestration. Recovery funds include capital and operating assistance


                                                II. Procedure for Reallocation of                                          natural disasters; however, a portion of                              increase or decrease based on additional
                                                Resilience Funds for Disaster Recovery                                     this resilience funding has not yet been                              validated recovery costs and/or the
                                                                                                                           obligated or disbursed.                                               receipt of additional insurance
                                                A. Policy                                                                     Based on a review of the remaining                                 proceeds.
                                                   FTA has determined that certain                                         unfunded disaster recovery needs, FTA
                                                transit agencies have estimated total                                      will allow recipients the option to                                                                Estimated maximum
                                                recovery and rebuilding costs that                                         request a reallocation of unliquidated                                                             amount of resilience
                                                exceed the amount of funding made                                          resilience funding for their remaining                                        Agency                funds that may be
                                                available for disaster recovery under the                                                                                                                                          reallocated
                                                                                                                           unfunded disaster recovery expenses.                                                                     ($ million)
                                                FTA ER Program. These damage                                                  Each agency may request the
                                                estimates have increased due to the                                        reallocation of resilience funds up to a                              MTA–NY .................    800.7
                                                discovery of latent damages, refinement                                    maximum amount that is based on most                                  Port Authority ..........   466.6
                                                to project cost estimates, and changes in                                  recent damage cost estimates submitted                                New Jersey Transit          187.6
                                                the construction market since the                                          by the agencies as of August 14, 2015,
                                                original estimates were submitted. The                                     and validated by FTA, insurance
                                                                                                                                                                                                    A transit agency’s request for
                                                need for Federal assistance has also                                       payments that have been received to
                                                                                                                                                                                                 reallocation of resilience funds may
                                                increased due to the use by recipients of                                  date, and an expectation that agencies
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                                                statutory alternatives to local cost                                       will provide a local cost share equal to                              include eligible repair work to
                                                sharing and the undetermined status of                                     at least 10 percent of the total cost of                              transportation assets not owned by the
                                                insurance proceeds. Additionally, FTA                                      Hurricane Sandy disaster recovery. The                                transit agency, but used by it, if the
                                                has previously allocated funding to                                        estimated maximum amount each                                         transit agency provides documentation
                                                these agencies for resilience projects                                     agency may request to reallocate for                                  that: Demonstrates that the damage was
                                                designed to protect the transit systems                                    FTA ER funding is shown in the table                                  caused by Hurricane Sandy; that the
                                                from damages associated with future                                        below. However, these amounts may


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                                                                                 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices                                                 43707

                                                asset is used for public transportation                  if new, documentation showing that the                required by Hurricane Sandy damage,
                                                purposes; and; that the proposed share                   project is an eligible disaster recovery              additional funding from FEMA is not
                                                of the project cost is consistent with                   expense resulting directly from damages               eligible.
                                                written agreement(s) between the public                  caused by Hurricane Sandy. Such
                                                                                                                                                               IV. Award Administration
                                                transit agency and the owner of the                      documentation may include FEMA draft
                                                asset.                                                   project worksheets from the period                      All previously published program
                                                   In determining whether to approve a                   immediately after the disaster,                       policies and requirements associated
                                                reallocation request, FTA will review                    engineering estimates that indicate the               with Hurricane Sandy recovery and
                                                the eligibility of the proposed project for              source of damages and the scope and                   rebuilding funding remain in effect.
                                                Hurricane Sandy recovery funding. The                    projected cost of necessary repair work,                Issued in Washington, DC.
                                                reallocation request must include                        or other similar documents.                           Carolyn Flowers,
                                                information sufficient for FTA to make                      • A statement why the requested
                                                                                                                                                               Acting Administrator.
                                                the following determinations:                            project is a priority over the resilience
                                                                                                                                                               [FR Doc. 2016–15801 Filed 7–1–16; 8:45 am]
                                                   • The proposed project is a capital                   project losing the funds.
                                                recovery project that addresses damage                      • The source of resilience funds (local            BILLING CODE P

                                                caused directly by Hurricane Sandy.                      priority resilience or competitive
                                                   • The proposed recovery project is                    resilience) that will be returned to the
                                                                                                         program, as well as the location and                  DEPARTMENT OF TRANSPORTATION
                                                documented in previously validated
                                                damage estimates (original or revised) or                description of any resilience project(s)              Maritime Administration
                                                in new documentation demonstrating                       from which funds will be withdrawn
                                                that the damage was caused by                            and the status of those projects.                     U.S. Merchant Marine Academy Board
                                                Hurricane Sandy.                                            • If applicable, a copy of the subject             of Visitors Meeting
                                                   • For proposed recovery projects that                 agreement with a third party entity if
                                                include costs associated with repairing                  the proposed project includes an asset                AGENCY:   Maritime Administration, DOT.
                                                transportation assets owned by other                     owned by a third party, including the                 ACTION:   Meeting notice.
                                                entities, the applicant must provide                     methodology for determining the
                                                                                                         allocation of costs associated with                   SUMMARY:    The U.S. Department of
                                                documentation showing that the asset is                                                                        Transportation, Maritime
                                                used for public transportation purposes,                 repairing the relevant asset.
                                                                                                            • If FTA funds have been disbursed                 Administration (MARAD) announces
                                                and that the proposed share of the                                                                             that the following U.S. Merchant Marine
                                                project cost is consistent with written                  for a resilience project from which the
                                                                                                         agency proposes to return funds for                   Academy (‘‘Academy’’) Board of
                                                agreement(s) between the public transit                                                                        Visitors (BOV) meeting will take place:
                                                agency and the owner of the asset.                       reallocation, the application must
                                                                                                                                                                 1. Date: July 13, 2016.
                                                   • The proposed recovery project                       indicate the amount of funds not
                                                                                                                                                                 2. Time: 1:30 p.m.
                                                complies with the Appropriations Act,                    disbursed for the project, the amount of                3. Location: Capital Visitors Center,
                                                the FTA’s Emergency Relief Program                       those funds to be retained for additional             Washington, DC. Room to be
                                                Final Rule and applicable FTA                            work on the project, the status of the                determined.
                                                guidance.                                                project, and an explanation of whether                  4. Purpose of the Meeting: The
                                                   • If funds will be reallocated from a                 or how any funds retained and the                     purpose of this meeting is to brief BOV
                                                resilience project for which FTA has                     disbursed funds will be used to                       members on the Academy Advisory
                                                disbursed funding, the applicant must                    complete a resilience project with                    Board’s annual report to the Secretary of
                                                demonstrate that that the funds                          independent utility.                                  Transportation and the status of
                                                disbursed to date will support a                            All requests for reallocation of funds             reaccreditation.
                                                resilience project of independent utility,               for recovery projects must be submitted                 5. Public Access to the Meeting: This
                                                consistent with the scope of the                         to FTA no later than September 30,                    meeting is open to the public. Seating is
                                                competitive funding application if                       2016. All requests must be submitted                  on a first-come basis. Members of the
                                                applicable.                                              through the FTA Emergency Relief                      public wishing to attend the meeting
                                                   • The request must also include                       docket under FTA–2016–0001. FTA will                  will need to show photo identification
                                                documentation explaining why the                         post the agency response to reallocation              in order to gain access to the meeting
                                                applicant has prioritized the recovery                   requests to the docket.                               location.
                                                project over the resilience project.                     III. Coordination With the Federal                    FOR FURTHER INFORMATION CONTACT: The
                                                   The eligibility of recovery projects for              Emergency Management Agency
                                                reallocated funding is consistent with                                                                         BOV’s Designated Federal Officer and
                                                                                                         (FEMA)                                                Point of Contact Brian Blower; 202 366–
                                                previous eligibilities for recovery
                                                funding under this program. Funds                           The Disaster Relief Appropriations                 2765; Brian.Blower@dot.gov.
                                                reallocated under this procedure may                     Act of 2013 appropriated funding to                   SUPPLEMENTARY INFORMATION: Any
                                                only be used for the recovery project or                 FTA for transit systems affected by                   member of the public is permitted to file
                                                projects listed in the reallocation                      Hurricane Sandy, and a Memorandum                     a written statement with the Academy
                                                request.                                                 of Agreement between FTA and FEMA                     BOV. Written statements should be sent
                                                                                                         establishes FTA as the primary payor of               to the Designated Federal Officer at:
                                                B. Requirements                                          expenses incurred by public                           Brian Blower; 1200 New Jersey Ave SE.,
                                                  Agencies that wish to request a                        transportation agencies as a result of a              W28–313, Washington, DC 20590 or via
                                                                                                         major disaster. FTA and FEMA continue                 email at Brian.Blower@dot.gov. (Please
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                                                reallocation of resilience funds must
                                                provide:                                                 to coordinate on funding for Sandy                    contact the Designated Federal Officer
                                                  • The name, location, and description                  damages, and FEMA has advised that                    for information on submitting comments
                                                of the recovery project(s) for which                     where FTA has made available funding                  via fax.) Written statements must be
                                                funds are requested to be reallocated to.                that by FTA’s estimation fully satisfies              received no later than three working
                                                  • Documentation identifying the                        the Federal share of 90% of the                       days prior to the next meeting in order
                                                project in the most recent validated                     maximum amount of funding needed for                  to provide time for member
                                                Hurricane Sandy damage assessment, or                    public transit disaster recovery expenses             consideration. By rule, no member of


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Document Created: 2016-07-01 23:49:53
Document Modified: 2016-07-01 23:49:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactContact the appropriate FTA Regional Office found at http://www.fta.dot.gov for application-specific information and other assistance needed in preparing an FTA grant application. For program-specific questions, please contact Adam Schildge, Office of Program Management, 1200 New Jersey Ave. SE., Washington, DC 20590, phone: (202) 366-0778, or email, [email protected] For legal questions, contact Helen Serassio,
FR Citation81 FR 43705 

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