81_FR_93197 81 FR 92953 - Federal Fiscal Year 2017 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements

81 FR 92953 - Federal Fiscal Year 2017 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92953-92957
FR Document2016-30614

This notice announces the availability of the Federal Transportation Administration's (FTA) Fiscal Year (FY) 2017 Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements, which can be found at FTA's Web site, www.transit.dot.gov/ certs. This notice provides a condensed list of the pre-award Certifications and Assurances that may apply to an Applicant to FTA for federal assistance and the Award that may be made in FY 2017. This notice also describes both the Applicant and FTA's responsibilities with respect to the Certifications and Assurances and highlights the differences between the FY 2017 Certifications and Assurances and those published for FY 2016. Each Applicant to FTA for federal assistance must submit the Certifications and Assurances that apply to it and any Award for which it seeks federal assistance during FY 2017. An Applicant to FTA typically acts through its authorized representative (You). You, as the Applicant's Authorized Representative, must have the authority to sign the Applicant's Certifications and Assurances and to bind your Applicant's compliance with the Certifications and Assurances you select on its behalf. Your Applicant's Certifications and Assurances must be affirmed by your Applicant's attorney. This notice provides instructions on how and when you should submit your Applicant's Certifications and Assurances for FY 2017.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92953-92957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30614]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Federal Fiscal Year 2017 Annual List of Certifications and 
Assurances for Federal Transit Administration Grants and Cooperative 
Agreements

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of the Federal 
Transportation Administration's (FTA) Fiscal Year (FY) 2017 Annual List 
of Certifications and Assurances for FTA Grants and Cooperative 
Agreements, which can be found at FTA's Web site, www.transit.dot.gov/
certs. This notice provides a condensed list of the pre-award 
Certifications and Assurances that may apply to an Applicant to FTA for 
federal assistance and the Award that may be made in FY 2017. This 
notice also describes both the Applicant and FTA's responsibilities 
with respect to the Certifications and Assurances and highlights the 
differences between the FY 2017 Certifications and Assurances and those 
published for FY 2016. Each Applicant to FTA for federal assistance 
must submit the Certifications and Assurances that apply to it and any 
Award for which it seeks federal assistance during FY 2017. An 
Applicant to FTA typically acts through its authorized representative 
(You). You, as the Applicant's Authorized Representative, must have the 
authority to sign the Applicant's Certifications and Assurances and to 
bind your Applicant's compliance with the Certifications and Assurances 
you select on its behalf. Your Applicant's Certifications and 
Assurances must be affirmed by your Applicant's attorney. This notice 
provides instructions on how and when you should submit your 
Applicant's Certifications and Assurances for FY 2017.

DATES: Effective Date: These FY 2017 Certifications and Assurances are 
effective October 1, 2016, the first day of FY 2017.

FOR FURTHER INFORMATION CONTACT: The appropriate Regional or 
Metropolitan Office listed in this notice. For copies of related 
documents and information, see our Web site at www.transit.dot.gov/
certs or contact our Office of Administration at 202-366-4007.

Region 1: Boston

States served: Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island and Vermont. Telephone # 617-494-2055.

Region 2: New York

States served: New York and New Jersey. Telephone # 212-668-2170.

Region 3: Philadelphia

States served: Delaware, Maryland, Pennsylvania, Virginia, West 
Virginia, and the District of Columbia. Telephone # 215-656-7100.

Region 4: Atlanta

States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee, Territories served: 
Commonwealth of Puerto Rico and the U.S. Virgin Islands. Telephone # 
404-865-5600.

Region 5: Chicago

States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and 
Wisconsin. Telephone # 312-353-2789.

Region 6: Dallas/Ft. Worth

States served: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 
Telephone # 817-978-0550.

Region 7: Kansas City

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

Region 8: Denver

States served: Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. Telephone # 303 362-2400.

Region 9: San Francisco

States served: Arizona, California, Hawaii, and Nevada, Territories 
served: Guam, American Samoa, and the Northern Mariana Islands. 
Telephone # 415-734-9490.

Region 10: Seattle

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

Chicago Metropolitan Office

Area served: Chicago Metropolitan Area. Telephone # 312-353-2789.

Los Angeles Metropolitan Office

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

Lower Manhattan Recovery Office

Area served: Lower Manhattan. Telephone # 212-668-2170 212-668-1770.

New York Metropolitan Office

Area served: New York Metropolitan Area.Telephone # 212-668-2170.

[[Page 92954]]

Philadelphia Metropolitan Office

Area served: Philadelphia Metropolitan Area. Telephone # 215-656-7100.

Washington DC Metropolitan Office

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

Puerto Rico Office

Area Served: Commonwealth of Puerto Rico. Telephone # 787-771-2537.

SUPPLEMENTARY INFORMATION: 

1. What are FTA's responsibilities?

    The second sentence of 49 U.S.C. 5323(n) states in pertinent part 
that, ``[t]he Secretary [of Transportation] shall publish annually a 
list of all certifications required under this chapter [49 U.S.C. 
chapter 53]. . . .'' The first sentence of 49 U.S.C. 5323(n) states 
that, ``[a] certification required under this chapter [53] and any 
additional certification or assurance required by law or regulation to 
be submitted to the Secretary [who delegated that authority to the 
Federal Transit Administrator] may be consolidated into a single 
document to be submitted annually as part of a grant application under 
this chapter [53].'' Therefore, FTA has assembled those Certifications 
and Assurances into the following twenty-three (23) categories:
    Category 01. Required Certifications and Assurances for Each 
Applicant,
    Category 02. Lobbying,
    Category 03. Procurement and Procurement Systems,
    Category 04. Private Sector Protections,
    Category 05. Rolling Stock Reviews and Bus Testing,
    Category 06. Demand Responsive Service,
    Category 07. Intelligent Transportation Systems,
    Category 08. Interest and Financing Costs and Acquisition of 
Capital Assets by Lease,
    Category 09. Transit Asset Management Plan and Public 
Transportation Agency Safety Plan,
    Category 10. Alcohol and Controlled Substances Testing,
    Category 11. Fixed Guideway Capital Investment Grants Program (New 
Starts, Small Starts, and Core Capacity Improvement),
    Category 12. State of Good Repair Program,
    Category 13. Grants for Buses and Bus Facilities and Low or No 
Emission Vehicle Deployment Grant Programs,
    Category 14. Urbanized Area Formula Grants Programs and Passenger 
Ferry Grant Program,
    Category 15. Enhanced Mobility of Seniors and Individuals with 
Disabilities Programs,
    Category 16. Rural and Appalachian Development Programs,
    Category 17. Tribal Transit Programs (Public Transportation on 
Indian Reservations Programs),
    Category 18. State Safety Oversight Grant Program,
    Category 19. Public Transportation Emergency Relief Program,
    Category 20. Expedited Project Delivery Pilot Program,
    Category 21. Infrastructure Finance Programs,
    Category 22. Paul S. Sarbanes Transit in Parks Program, and
    Category 23. Construction Hiring Preferences.
    Since 1995, FTA has consolidated the pre-award Certifications and 
Assurances required by law or regulation into a single document for 
publication in the Federal Register. To receive federal assistance 
appropriated or made available for the Grant, Cooperative Agreement, 
Loan, Loan Guarantee, Line of Credit, and Major Credit Instrument 
programs FTA/DOT administers, your Applicant must submit the annual 
Certifications and Assurances required for the type of federal 
assistance it seeks.
    These FY 2017 Certifications and Assurances supersede any 
Certifications and Assurances published in an earlier fiscal year. 
After publication in the Federal Register, each Applicant must submit 
applicable FY 2017 Certifications and Assurances before FTA may award 
federal assistance to support that Applicant's request.

2. What is the legal effect of these certifications and assurances?

    a. Pre-Award Representations. These Certifications and Assurances 
are pre-award representations typically required by federal law or 
regulation that your Applicant must submit before FTA may provide 
federal assistance for its Award. In general, these FY 2017 
Certifications and Assurances are effective October 1, 2016, except as 
FTA determines otherwise in writing.
    Upon publication in the Federal Register, FTA may not provide 
federal assistance until you submit your Applicant's FY 2017 
Certifications and Assurances.
    b. Binding Commitment. Your Applicant must comply with any 
Certifications or Assurances you make on its behalf, irrespective of 
whether you remain your Applicant's authorized representative. When you 
submit its Certifications and Assurances to FTA, both you and your 
Applicant are agreeing to comply with those terms.
    c. Length of Commitment. Your Applicant's FY 2017 Certifications 
and Assurances remain in effect until its Award is closed or the end of 
the useful life of its federally assisted assets, whichever is later. 
If your Applicant provides different Certifications and Assurances in a 
later fiscal year, the later Certifications and Assurances will usually 
apply, except as FTA determines otherwise in writing.
    d. Duration. You and your Applicant may use the FY 2017 
Certifications and Assurances at FTA's Web site, www.transit.dot.gov/
certs to support applications for federal assistance until FTA issues 
its FY 2018 Certifications and Assurances.
    e. The FY 2017 Certifications and Assurances Are Not a Complete 
List of Federal Requirements. FTA cautions that the FY 2017 
Certifications and Assurances focus mainly on those representations 
that your Applicant is required to submit to FTA before FTA may award 
federal assistance. Consequently, these Certifications and Assurances 
do not include many other federal requirements that will apply to your 
Applicant and its Award. Your Applicant is responsible for compliance 
with all applicable federal requirements.
    f. Federal Requirements. In addition to the information in this 
notice and FTA's FY 2017 Apportionments Notice, which will be published 
separately from this notice, FTA also strongly encourages you and your 
Applicant's staff and prospective and current Third Party Participants 
to review all federal legislation, regulations, safety directives, and 
guidance that apply to them and to your Applicant's proposed Award. The 
FY 2017 Master Agreement identifies many of those requirements and 
applicable guidance, and may be accessed at www.transit.dot.gov.
    g. Penalties for False or Fraudulent Statements. If you provide any 
false or fraudulent statement to the Federal Government on behalf of 
your Applicant or yourself, you may incur both federal civil and 
criminal penalties under the following statutes: (1) The Program Fraud 
Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq., (2) 
U.S. Department of Transportation (U.S. DOT) regulations, ``Program 
Fraud Civil Remedies,'' 49 CFR part 31, and (3) Section 5323(l)(1) of 
title 49, United States Code, which authorizes federal criminal 
penalties and termination of federal assistance if you provide, on 
behalf of your Applicant or yourself, a false or fraudulent 
certificate, submission, or statement in connection

[[Page 92955]]

with the Federal Transit Program authorized by 49 U.S.C. chapter 53.

3. What are your responsibilities?

    a. Make sure that all involved with your Applicant's Award 
understand the federal requirements that will apply to your Applicant 
and its Award. FTA strongly advises you, as your Applicant's authorized 
representative, to read this notice and the Certifications and 
Assurances on the FTA Web site www.transit.dot.gov before selecting 
Certifications and Assurances on behalf of your Applicant. FTA also 
advises you to read the information accompanying the apportionment 
tables when FTA publishes its FY 2017 Apportionment Notices.
    Your Applicant is responsible for compliance with all federal 
requirements that apply to itself and its Award. Other entities and 
people, including Subrecipients, Third Party Contractors, and Third 
Party Subcontractors (Third Party Participants) can adversely affect 
your Applicant's ability to comply with those federal requirements. 
Accordingly, all Third Party Participants involved in its Award need to 
know and should agree to comply with the federal requirements that 
affect your Applicant's Award and themselves, as Third Party 
Participants.
    b. Subrecipient and Other Third Party Participation. Except when 
FTA has determined otherwise in writing, your Applicant is ultimately 
responsible for compliance with all Certifications and Assurances that 
you select on its behalf, even if the Award and some or all of the 
activities therein will be carried out by Subrecipients or other Third 
Party Participants. Therefore, FTA strongly recommends that you take 
appropriate measures to ensure that Subrecipients and other Third Party 
Participants involved in carrying out your Applicant's Award do not 
take actions that will cause your Applicant to violate the 
representations made in its Certifications and Assurances.
    c. Submit Your Applicant's Certifications and Assurances. You must 
submit all Categories of the FY 2017 Certifications and Assurances that 
apply to your Applicant and the Award(s) it seek in FY 2017. For your 
convenience, FTA recommends that you submit all twenty-three (23) 
Categories of Certifications and Assurances. Those provisions of the 
Certifications and Assurances that do not apply to your Applicant or 
its Award will not be enforced.
    d. Submit Your Applicant's Required Documentation. You must ensure 
that your Applicant has submitted to FTA a correct, current version of 
the following documents: (1) Authorizing Resolution; (2) Opinion of 
Counsel; and (3) Designation of Signature Authority. A new Authorizing 
Resolution may be needed if a previous Authorizing Resolution does not 
cover the work in the new application. A new Opinion of Counsel may be 
needed if your Applicant's legal status has changed. FTA requires that 
the Designation of Signature Authority reflect the current status of 
the appropriate officials with authority to bind your Applicant. Should 
you already have documentation on file reflecting the correct status of 
your Applicant's officials, further action to simply update the 
Designation of Signature Authority is not required. Sample templates 
for the above documents may be accessed at https://www.transit.dot.gov/
trams. You must upload any updated documents concurrently with your 
Certifications and Assurances.
    e. Obtain the Affirmation of Your Applicant's Attorney. You must 
obtain an affirmation of your Applicant's Attorney, signed in FY 2017, 
stating that your Applicant has sufficient authority under its state 
and local laws to certify its compliance with the FY 2017 
Certifications and Assurances that you have selected on its behalf; the 
Certifications and Assurances have been legally made and constitute 
legal and binding obligations on your Applicant; and there is no 
legislation or litigation pending or imminent that might adversely 
affect the validity of these Certifications and Assurances, or of the 
performance of your Applicant's FTA assisted Award. Your Applicant's 
Attorney must sign this affirmation during FY 2017. An Affirmation of 
your Applicant's Attorney dated in a previous fiscal year is 
insufficient, unless FTA expressly determines otherwise in writing.
    f. When to Submit.
    (1) If your Applicant is applying for federal assistance under any 
of FTA's competitive capital programs (e.g., New Starts, Small Starts, 
or Core Capacity Improvement) or formula programs, FTA expects to 
receive your Applicant's FY 2017 Certifications and Assurances within 
ninety (90) days from the date FTA opens its new electronic award and 
management system, Transit Award Management System (TrAMS) or soon 
after the submittal of your Applicant's request for federal assistance 
for FY 2017.
    (2) If your Applicant seeks federal assistance from an FTA program 
other than a formula program or a discretionary capital or operating 
program, e.g., for a Public Transportation Innovation (formerly, 
Research, Development, Demonstration, and Deployment) Award, FTA 
expects to receive your Applicant's FY 2017 Certifications and 
Assurances with the submission of its Application for federal 
assistance or an amendment soon thereafter.

4. Where are FTA's FY 2017 certifications and assurances?

    FTA's FY 2017 Certifications and Assurances are available at:
    a. FTA's Web site, www.transit.dot.gov, and
    b. TrAMS, including at https://www.transit.dot.gov/trams.

5. What changes have been made since the FY 2016 certifications and 
assurances were published?

    The most significant changes are:
    a. In the Preface, we added master credit agreement and State 
Infrastructure Bank (SIB) to the list of instruments to which the 
Master Agreement applies.
    b. In Category 1.E, ``Suspension and Debarment Certification,'' we 
have added two new certifications: Category 1.E.2, ``Tax Liability,'' 
and Category 1.E.3, ``Felony Convictions.''
    c. In Category 5.B, ``Bus Testing,'' we note that FTA regulations, 
``Bus Testing,'' 49 CFR part 665 are now consistent with 49 U.S.C. 
5318.
    d. In Category 8.B, ``Acquisition of Capital Assets by Lease,'' we 
have added an exception to our Capital Leases regulations to provide an 
exception for rolling stock and related equipment subject to the 
provisions of section 3019(c) of the FAST Act.
    e. In Category 9.A, ``Transit Asset Management Plan,'' we have 
added references to FTA regulations, ``Transit Asset Management,'' 49 
CFR part 625.
    f. In Category 9.B, ``Public Transportation Safety,'' FTA is 
required to establish a comprehensive Public Transportation Safety 
Program. Three provisions of this Program include the National Public 
Transportation Safety Plan, the Public Transportation Safety 
Certification Training Program, and the Public Transportation Agency 
Safety Plan (See 49 U.S.C. 5329(b) through (d)). FTA believes 
consolidating these provisions into one certification is appropriate 
for the FY 2017 List of Certifications and Assurances.
    g. We added a new Category 9.C, ``State Safety Oversight 
Requirements,'' which references to 49 U.S.C. 5329(e) and FTA 
regulations, ``State Safety Oversight,'' 49 CFR part 674.
    h. In Category 11, ``Fixed Guideway Capital Investment Grants 
Program (New Starts, Small Starts, and Core

[[Page 92956]]

Capacity Improvement),'' we have added a reference to:
    (1) FTA Regulations, ``Transit Asset Management,'' 49 CFR part 625, 
and
    (2) The updated ``Final Interim Policy Guidance, Federal Transit 
Administration Capital Investment Grant Program,'' June 2016.
    i. In Category 12, ``State of Good Repair Program,'' we have added 
a reference to FTA Regulations, ``Transit Asset Management,'' 49 CFR 
part 625.
    j. In Category 13.A, ``Grants for Buses and Bus Facilities 
Program,'' we have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives in effect or when issued, that implement the 
Public Transportation Safety Programs authorized by 49 U.S.C. 5329, and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    k. In Category 13.B, ``Low or No Emission Vehicle Deployment,'' we 
have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    l. In Category 14.A, ``Urbanized Area Formula Grants Program,'' we 
have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    m. In Category 14.B, ``Passenger Ferry Grant Program,'' we have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    n. In Category 15, ``Enhanced Mobility of Seniors and Individuals 
with Disabilities Programs,'' we have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    o. In Category 16.A, ``Formula Grants for Rural Areas Programs,'' 
we have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    p. In Category 16.B, ``Appalachian Development Public 
Transportation Program,'' we have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    q. In Category 17, ``Tribal Transit Programs (Public Transportation 
on Indian Reservations Programs,'' we have added a reference to FTA 
Regulations, ``Transit Asset Management,'' 49 CFR part 625.
    r. In Category 18, ``State Safety Oversight Grant Program,'' we 
have:
    (1) Explained that, depending on how far the Recipient has 
progressed in developing a State Safety Oversight program fully 
compliant with 49 CFR part 674, the following FTA regulations will 
apply:
    (a) The Recipient agrees that FTA regulations, ``State Safety 
Oversight,'' 49 CFR part 674, will apply when its State Safety 
Oversight program is fully compliant with FTA's requirements, but
    (b) The Recipient agrees that FTA regulations, ``Rail Fixed 
Guideway Systems; State Safety Oversight,'' 49 CFR part 659, will 
continue to apply to those states that have not yet implemented a fully 
compliant Public Transportation Safety Program.
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    s. In Category 20, ``Expedited Project Delivery Pilot Program,'' we 
have added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    t. In Category 21.A, ``Transportation Infrastructure Finance and 
Innovation Act (TIFIA) Program,'' we have:
    (1) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (2) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.
    u. In Category 21.B, ``State Infrastructure Banks (SIB) Program, we 
have:
    (1) Noted that the U.S. DOT Build America Bureau will enter into 
SIB Cooperative Agreements with the state,
    (2) Added references to 49 U.S.C. 5329(b) guidance and other final 
regulations and directives, in effect or when issued, that implement 
the Public Transportation Safety Programs authorized by 49 U.S.C. 5329, 
and
    (3) Added a reference to FTA Regulations, ``Transit Asset 
Management,'' 49 CFR part 625.

6. How do you submit the certifications and assurances?

    a. Electronic Submission. Except in rare circumstances and if 
permitted by FTA, you must submit your Applicant's FY 2017 
Certifications and Assurances and your attorney's Affirmation in TrAMS. 
To submit the Certifications and Assurances, you must be registered in 
TrAMS. TrAMS contains fields for individually selecting among the 
twenty-three (23) Categories of Certifications and Assurances that 
apply to your Applicant and also a designated field for selecting all 
twenty-three (23) Categories, of which only the requirements that apply 
to you or your Applicant will be enforced.
    As an authorized representative of the Applicant, you must enter 
your personal identification number (PIN), which is your electronic 
signature, in TrAMS. The Attorney must enter his or her PIN in TrAMS, 
affirming your Applicant's legal authority to make and comply with the 
Certifications and Assurances you have selected on its behalf. You may 
enter your PIN in place of the Attorney's PIN, provided that your 
Applicant has on file and uploads to TrAMS a similar affirmation that 
has been written, dated, and signed by its Attorney in FY 2017.
    b. Paper Submission. Only in very limited circumstances may your 
Applicant submit its FY 2017 Certifications and Assurances solely on 
paper. For example if the Applicant has demonstrated that it is unable 
to submit its Certifications and Assurances electronically in TrAMS or 
is a one-time recipient, and if FTA has agreed in writing to accept 
your Applicant's Certifications and Assurances on paper, then your 
Applicant may indicate the Categories of Certifications and Assurances 
your Applicant is submitting in typewritten hard copy on the Signature 
Pages.
    To do so, you may place a single mark in the designated space to 
signify your Applicant's agreement to comply with all Categories of 
Certifications and Assurances to the extent that they apply

[[Page 92957]]

to it, or select the specific Categories of Certifications and 
Assurances that apply to your Applicant and its Award. You must obtain 
your Attorney's signature, whether on the Signature Page or on a 
separate document that makes the same affirmation as on the Signature 
Page. In such a case, the Regional Office or the Headquarters Program 
Office must attach the paper submission to TrAMS.
    For more information, you may contact the appropriate FTA Regional 
or Metropolitan Office.

    Authority. 49 U.S.C. chapter 53; the Fixing America's Surface 
Transportation (FAST) Act, Pub. L. 114-94, December 4, 2015; and 
other federal laws administered by FTA; U.S. DOT and FTA regulations 
codified or to be codified in Title 49, Code of Federal Regulations; 
and FTA Circulars.

    Issued in Washington, DC.
Matthew Welbes,
Executive Director.
[FR Doc. 2016-30614 Filed 12-19-16; 8:45 am]
 BILLING CODE P



                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                           92953

                                                  exemptions are effective as of June 3,                  DEPARTMENT OF TRANSPORTATION                          Region 2: New York
                                                  2016 and will expire on June 3, 2018.
                                                                                                          Federal Transit Administration                        States served: New York and New
                                                     As of June 6, 2016, and in accordance                                                                        Jersey. Telephone # 212–668–2170.
                                                  with 49 U.S.C. 31136(e) and 31315, the
                                                  following 3 individuals have satisfied                  Federal Fiscal Year 2017 Annual List of               Region 3: Philadelphia
                                                  the conditions for obtaining a renewed                  Certifications and Assurances for
                                                                                                          Federal Transit Administration Grants                 States served: Delaware, Maryland,
                                                  exemption from the vision requirements                                                                          Pennsylvania, Virginia, West Virginia,
                                                  (77 FR 23799; 77 FR 33558; 79 FR                        and Cooperative Agreements
                                                                                                                                                                  and the District of Columbia.
                                                  27365):                                                 AGENCY:    Federal Transit Administration,              Telephone # 215–656–7100.
                                                  Rudolph Bisschop (MA)                                   DOT.
                                                                                                          ACTION:   Notice of availability.                     Region 4: Atlanta
                                                  Richard Doroba (IL)
                                                  Tommy Thomas (CA)                                                                                             States served: Alabama, Florida,
                                                                                                          SUMMARY:   This notice announces the                    Georgia, Kentucky, Mississippi, North
                                                     The drivers were included in one of                  availability of the Federal                             Carolina, South Carolina, and
                                                  the following dockets: Docket No.                       Transportation Administration’s (FTA)                   Tennessee, Territories served:
                                                  FMCSA–2012–0040. Their exemptions                       Fiscal Year (FY) 2017 Annual List of                    Commonwealth of Puerto Rico and
                                                  are effective as of June 6, 2016 and will               Certifications and Assurances for FTA                   the U.S. Virgin Islands. Telephone #
                                                  expire on June 6, 2018.                                 Grants and Cooperative Agreements,                      404–865–5600.
                                                     As of June 17, 2016, and in                          which can be found at FTA’s Web site,
                                                  accordance with 49 U.S.C. 31136(e) and                  www.transit.dot.gov/certs. This notice                Region 5: Chicago
                                                  31315, the following individual, DelRay                 provides a condensed list of the pre-                 States served: Illinois, Indiana,
                                                  V. Ryckman (SD), has satisfied the                      award Certifications and Assurances                     Michigan, Minnesota, Ohio, and
                                                  conditions for obtaining a renewed                      that may apply to an Applicant to FTA                   Wisconsin. Telephone # 312–353–
                                                  exemption from the vision requirements                  for federal assistance and the Award                    2789.
                                                  (79 FR 27681; 79 FR 38649).                             that may be made in FY 2017. This
                                                     This driver was included in the                      notice also describes both the Applicant              Region 6: Dallas/Ft. Worth
                                                  following docket: Docket No. FMCSA–                     and FTA’s responsibilities with respect               States served: Arkansas, Louisiana, New
                                                  2014–0005. The exemption is effective                   to the Certifications and Assurances and                Mexico, Oklahoma, and Texas.
                                                  as of June 17, 2016 and will expire on                  highlights the differences between the                  Telephone # 817–978–0550.
                                                  June 17, 2018.                                          FY 2017 Certifications and Assurances
                                                     As of June 27, 2016, and in                          and those published for FY 2016. Each                 Region 7: Kansas City
                                                  accordance with 49 U.S.C. 31136(e) and                  Applicant to FTA for federal assistance               States served: Iowa, Kansas, Missouri,
                                                  31315, the following 5 individuals have                 must submit the Certifications and                      and Nebraska. Telephone # 816–329–
                                                  satisfied the conditions for obtaining a                Assurances that apply to it and any                     3920.
                                                  renewed exemption from the vision                       Award for which it seeks federal
                                                  requirements (77 FR 27847; 77 FR                        assistance during FY 2017. An                         Region 8: Denver
                                                  38386; 79 FR 29495):                                    Applicant to FTA typically acts through               States served: Colorado, Montana, North
                                                                                                          its authorized representative (You). You,               Dakota, South Dakota, Utah, and
                                                  Matthew G. Epps (FL)                                    as the Applicant’s Authorized
                                                  Michael E. McAfee (KY)                                                                                          Wyoming. Telephone # 303 362–2400.
                                                                                                          Representative, must have the authority
                                                  Joe Ramirez (CA)                                        to sign the Applicant’s Certifications                Region 9: San Francisco
                                                  James E. Sikkink (IL)                                   and Assurances and to bind your                       States served: Arizona, California,
                                                  John C. Smith (IL)                                      Applicant’s compliance with the                         Hawaii, and Nevada, Territories
                                                     The drivers were included on the                     Certifications and Assurances you select                served: Guam, American Samoa, and
                                                  following docket: Docket No. FMCSA–                     on its behalf. Your Applicant’s                         the Northern Mariana Islands.
                                                  2012–0104. Their exemptions are                         Certifications and Assurances must be                   Telephone # 415–734–9490.
                                                  effective as of June 27, 2016 and will                  affirmed by your Applicant’s attorney.
                                                                                                          This notice provides instructions on                  Region 10: Seattle
                                                  expire on June 27, 2018.
                                                     In accordance with 49 U.S.C. 31315,                  how and when you should submit your                   States served: Alaska, Idaho, Oregon,
                                                  each exemption will be valid for two                    Applicant’s Certifications and                          and Washington. Telephone # 206–
                                                  years from the effective date unless                    Assurances for FY 2017.                                 220–7954.
                                                  revoked earlier by FMCSA. The                           DATES: Effective Date: These FY 2017
                                                                                                          Certifications and Assurances are                     Chicago Metropolitan Office
                                                  exemption will be revoked if the
                                                  following occurs: (1) The person fails to               effective October 1, 2016, the first day              Area served: Chicago Metropolitan Area.
                                                  comply with the terms and conditions                    of FY 2017.                                             Telephone # 312–353–2789.
                                                  of the exemption; (2) the exemption has                 FOR FURTHER INFORMATION CONTACT: The
                                                                                                                                                                Los Angeles Metropolitan Office
                                                  resulted in a lower level of safety than                appropriate Regional or Metropolitan
                                                  was maintained prior to being granted;                  Office listed in this notice. For copies of           Area served: Los Angeles Metropolitan
                                                  or (3) continuation of the exemption                    related documents and information, see                  Area. Telephone # 213–202–3950.
                                                  would not be consistent with the goals                  our Web site at www.transit.dot.gov/                  Lower Manhattan Recovery Office
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                                                  and objectives of 49 U.S.C. 31136 and                   certs or contact our Office of
                                                  31315.                                                  Administration at 202–366–4007.                       Area served: Lower Manhattan.
                                                                                                                                                                  Telephone # 212–668–2170 212–668–
                                                    Issued on: December 9, 2016.                          Region 1: Boston                                        1770.
                                                  Larry W. Minor,                                         States served: Connecticut, Maine,
                                                  Associate Administrator for Policy.                                                                           New York Metropolitan Office
                                                                                                            Massachusetts, New Hampshire,
                                                  [FR Doc. 2016–30587 Filed 12–19–16; 8:45 am]              Rhode Island and Vermont.                           Area served: New York Metropolitan
                                                  BILLING CODE 4910–EX–P                                    Telephone # 617–494–2055.                             Area.Telephone # 212–668–2170.


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                                                  92954                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

                                                  Philadelphia Metropolitan Office                           Category 15. Enhanced Mobility of                  both you and your Applicant are
                                                  Area served: Philadelphia Metropolitan                  Seniors and Individuals with                          agreeing to comply with those terms.
                                                    Area. Telephone # 215–656–7100.                       Disabilities Programs,                                   c. Length of Commitment. Your
                                                                                                             Category 16. Rural and Appalachian                 Applicant’s FY 2017 Certifications and
                                                  Washington DC Metropolitan Office                       Development Programs,                                 Assurances remain in effect until its
                                                  Area served: Washington DC                                 Category 17. Tribal Transit Programs               Award is closed or the end of the useful
                                                    Metropolitan Area.Telephone # 202–                    (Public Transportation on Indian                      life of its federally assisted assets,
                                                    219–3562/202–219–3565.                                Reservations Programs),                               whichever is later. If your Applicant
                                                                                                             Category 18. State Safety Oversight                provides different Certifications and
                                                  Puerto Rico Office                                      Grant Program,                                        Assurances in a later fiscal year, the
                                                  Area Served: Commonwealth of Puerto                        Category 19. Public Transportation                 later Certifications and Assurances will
                                                    Rico. Telephone # 787–771–2537.                       Emergency Relief Program,                             usually apply, except as FTA
                                                  SUPPLEMENTARY INFORMATION:                                 Category 20. Expedited Project                     determines otherwise in writing.
                                                                                                          Delivery Pilot Program,                                  d. Duration. You and your Applicant
                                                  1. What are FTA’s responsibilities?                        Category 21. Infrastructure Finance                may use the FY 2017 Certifications and
                                                     The second sentence of 49 U.S.C.                     Programs,                                             Assurances at FTA’s Web site,
                                                  5323(n) states in pertinent part that,                     Category 22. Paul S. Sarbanes Transit              www.transit.dot.gov/certs to support
                                                  ‘‘[t]he Secretary [of Transportation] shall             in Parks Program, and                                 applications for federal assistance until
                                                  publish annually a list of all                             Category 23. Construction Hiring                   FTA issues its FY 2018 Certifications
                                                  certifications required under this                      Preferences.                                          and Assurances.
                                                  chapter [49 U.S.C. chapter 53]. . . .’’                    Since 1995, FTA has consolidated the                  e. The FY 2017 Certifications and
                                                  The first sentence of 49 U.S.C. 5323(n)                 pre-award Certifications and Assurances               Assurances Are Not a Complete List of
                                                  states that, ‘‘[a] certification required               required by law or regulation into a                  Federal Requirements. FTA cautions
                                                  under this chapter [53] and any                         single document for publication in the                that the FY 2017 Certifications and
                                                  additional certification or assurance                   Federal Register. To receive federal                  Assurances focus mainly on those
                                                  required by law or regulation to be                     assistance appropriated or made                       representations that your Applicant is
                                                  submitted to the Secretary [who                         available for the Grant, Cooperative                  required to submit to FTA before FTA
                                                  delegated that authority to the Federal                 Agreement, Loan, Loan Guarantee, Line                 may award federal assistance.
                                                  Transit Administrator] may be                           of Credit, and Major Credit Instrument                Consequently, these Certifications and
                                                  consolidated into a single document to                  programs FTA/DOT administers, your                    Assurances do not include many other
                                                  be submitted annually as part of a grant                Applicant must submit the annual                      federal requirements that will apply to
                                                  application under this chapter [53].’’                  Certifications and Assurances required                your Applicant and its Award. Your
                                                  Therefore, FTA has assembled those                      for the type of federal assistance it                 Applicant is responsible for compliance
                                                  Certifications and Assurances into the                  seeks.                                                with all applicable federal requirements.
                                                  following twenty-three (23) categories:                    These FY 2017 Certifications and                      f. Federal Requirements. In addition
                                                     Category 01. Required Certifications                 Assurances supersede any Certifications               to the information in this notice and
                                                  and Assurances for Each Applicant,                      and Assurances published in an earlier                FTA’s FY 2017 Apportionments Notice,
                                                     Category 02. Lobbying,                               fiscal year. After publication in the                 which will be published separately from
                                                     Category 03. Procurement and                         Federal Register, each Applicant must                 this notice, FTA also strongly
                                                  Procurement Systems,                                    submit applicable FY 2017                             encourages you and your Applicant’s
                                                     Category 04. Private Sector                          Certifications and Assurances before                  staff and prospective and current Third
                                                  Protections,                                            FTA may award federal assistance to                   Party Participants to review all federal
                                                     Category 05. Rolling Stock Reviews                   support that Applicant’s request.                     legislation, regulations, safety
                                                  and Bus Testing,                                                                                              directives, and guidance that apply to
                                                                                                          2. What is the legal effect of these                  them and to your Applicant’s proposed
                                                     Category 06. Demand Responsive
                                                                                                          certifications and assurances?                        Award. The FY 2017 Master Agreement
                                                  Service,
                                                     Category 07. Intelligent                               a. Pre-Award Representations. These                 identifies many of those requirements
                                                  Transportation Systems,                                 Certifications and Assurances are pre-                and applicable guidance, and may be
                                                     Category 08. Interest and Financing                  award representations typically required              accessed at www.transit.dot.gov.
                                                  Costs and Acquisition of Capital Assets                 by federal law or regulation that your                   g. Penalties for False or Fraudulent
                                                  by Lease,                                               Applicant must submit before FTA may                  Statements. If you provide any false or
                                                     Category 09. Transit Asset                           provide federal assistance for its Award.             fraudulent statement to the Federal
                                                  Management Plan and Public                              In general, these FY 2017 Certifications              Government on behalf of your Applicant
                                                  Transportation Agency Safety Plan,                      and Assurances are effective October 1,               or yourself, you may incur both federal
                                                     Category 10. Alcohol and Controlled                  2016, except as FTA determines                        civil and criminal penalties under the
                                                  Substances Testing,                                     otherwise in writing.                                 following statutes: (1) The Program
                                                     Category 11. Fixed Guideway Capital                    Upon publication in the Federal                     Fraud Civil Remedies Act of 1986, as
                                                  Investment Grants Program (New Starts,                  Register, FTA may not provide federal                 amended, 31 U.S.C. 3801 et seq., (2)
                                                  Small Starts, and Core Capacity                         assistance until you submit your                      U.S. Department of Transportation (U.S.
                                                  Improvement),                                           Applicant’s FY 2017 Certifications and                DOT) regulations, ‘‘Program Fraud Civil
                                                     Category 12. State of Good Repair                    Assurances.                                           Remedies,’’ 49 CFR part 31, and (3)
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                                                  Program,                                                  b. Binding Commitment. Your                         Section 5323(l)(1) of title 49, United
                                                     Category 13. Grants for Buses and Bus                Applicant must comply with any                        States Code, which authorizes federal
                                                  Facilities and Low or No Emission                       Certifications or Assurances you make                 criminal penalties and termination of
                                                  Vehicle Deployment Grant Programs,                      on its behalf, irrespective of whether                federal assistance if you provide, on
                                                     Category 14. Urbanized Area Formula                  you remain your Applicant’s authorized                behalf of your Applicant or yourself, a
                                                  Grants Programs and Passenger Ferry                     representative. When you submit its                   false or fraudulent certificate,
                                                  Grant Program,                                          Certifications and Assurances to FTA,                 submission, or statement in connection


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                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                           92955

                                                  with the Federal Transit Program                        documents: (1) Authorizing Resolution;                Research, Development, Demonstration,
                                                  authorized by 49 U.S.C. chapter 53.                     (2) Opinion of Counsel; and (3)                       and Deployment) Award, FTA expects
                                                                                                          Designation of Signature Authority. A                 to receive your Applicant’s FY 2017
                                                  3. What are your responsibilities?
                                                                                                          new Authorizing Resolution may be                     Certifications and Assurances with the
                                                     a. Make sure that all involved with                  needed if a previous Authorizing                      submission of its Application for federal
                                                  your Applicant’s Award understand the                   Resolution does not cover the work in                 assistance or an amendment soon
                                                  federal requirements that will apply to                 the new application. A new Opinion of                 thereafter.
                                                  your Applicant and its Award. FTA                       Counsel may be needed if your
                                                  strongly advises you, as your                           Applicant’s legal status has changed.                 4. Where are FTA’s FY 2017
                                                  Applicant’s authorized representative,                  FTA requires that the Designation of                  certifications and assurances?
                                                  to read this notice and the Certifications              Signature Authority reflect the current                 FTA’s FY 2017 Certifications and
                                                  and Assurances on the FTA Web site                      status of the appropriate officials with              Assurances are available at:
                                                  www.transit.dot.gov before selecting                    authority to bind your Applicant.                       a. FTA’s Web site,
                                                  Certifications and Assurances on behalf                 Should you already have documentation                 www.transit.dot.gov, and
                                                  of your Applicant. FTA also advises you                 on file reflecting the correct status of                b. TrAMS, including at https://
                                                  to read the information accompanying                    your Applicant’s officials, further action            www.transit.dot.gov/trams.
                                                  the apportionment tables when FTA                       to simply update the Designation of
                                                  publishes its FY 2017 Apportionment                     Signature Authority is not required.                  5. What changes have been made since
                                                  Notices.                                                Sample templates for the above                        the FY 2016 certifications and
                                                     Your Applicant is responsible for                    documents may be accessed at https://                 assurances were published?
                                                  compliance with all federal                             www.transit.dot.gov/trams. You must                      The most significant changes are:
                                                  requirements that apply to itself and its               upload any updated documents                             a. In the Preface, we added master
                                                  Award. Other entities and people,                       concurrently with your Certifications                 credit agreement and State
                                                  including Subrecipients, Third Party                    and Assurances.                                       Infrastructure Bank (SIB) to the list of
                                                  Contractors, and Third Party                               e. Obtain the Affirmation of Your                  instruments to which the Master
                                                  Subcontractors (Third Party                             Applicant’s Attorney. You must obtain                 Agreement applies.
                                                  Participants) can adversely affect your                 an affirmation of your Applicant’s                       b. In Category 1.E, ‘‘Suspension and
                                                  Applicant’s ability to comply with those                Attorney, signed in FY 2017, stating that             Debarment Certification,’’ we have
                                                  federal requirements. Accordingly, all                  your Applicant has sufficient authority               added two new certifications: Category
                                                  Third Party Participants involved in its                under its state and local laws to certify
                                                  Award need to know and should agree                                                                           1.E.2, ‘‘Tax Liability,’’ and Category
                                                                                                          its compliance with the FY 2017                       1.E.3, ‘‘Felony Convictions.’’
                                                  to comply with the federal requirements                 Certifications and Assurances that you
                                                  that affect your Applicant’s Award and                                                                           c. In Category 5.B, ‘‘Bus Testing,’’ we
                                                                                                          have selected on its behalf; the                      note that FTA regulations, ‘‘Bus
                                                  themselves, as Third Party Participants.                Certifications and Assurances have been
                                                     b. Subrecipient and Other Third Party                                                                      Testing,’’ 49 CFR part 665 are now
                                                                                                          legally made and constitute legal and
                                                  Participation. Except when FTA has                                                                            consistent with 49 U.S.C. 5318.
                                                                                                          binding obligations on your Applicant;
                                                  determined otherwise in writing, your                                                                            d. In Category 8.B, ‘‘Acquisition of
                                                                                                          and there is no legislation or litigation
                                                  Applicant is ultimately responsible for                                                                       Capital Assets by Lease,’’ we have
                                                                                                          pending or imminent that might
                                                  compliance with all Certifications and                                                                        added an exception to our Capital
                                                                                                          adversely affect the validity of these
                                                  Assurances that you select on its behalf,                                                                     Leases regulations to provide an
                                                                                                          Certifications and Assurances, or of the
                                                  even if the Award and some or all of the                                                                      exception for rolling stock and related
                                                                                                          performance of your Applicant’s FTA
                                                  activities therein will be carried out by               assisted Award. Your Applicant’s                      equipment subject to the provisions of
                                                  Subrecipients or other Third Party                      Attorney must sign this affirmation                   section 3019(c) of the FAST Act.
                                                  Participants. Therefore, FTA strongly                   during FY 2017. An Affirmation of your                   e. In Category 9.A, ‘‘Transit Asset
                                                  recommends that you take appropriate                    Applicant’s Attorney dated in a                       Management Plan,’’ we have added
                                                  measures to ensure that Subrecipients                   previous fiscal year is insufficient,                 references to FTA regulations, ‘‘Transit
                                                  and other Third Party Participants                      unless FTA expressly determines                       Asset Management,’’ 49 CFR part 625.
                                                  involved in carrying out your                           otherwise in writing.                                    f. In Category 9.B, ‘‘Public
                                                  Applicant’s Award do not take actions                      f. When to Submit.                                 Transportation Safety,’’ FTA is required
                                                  that will cause your Applicant to violate                  (1) If your Applicant is applying for              to establish a comprehensive Public
                                                  the representations made in its                         federal assistance under any of FTA’s                 Transportation Safety Program. Three
                                                  Certifications and Assurances.                          competitive capital programs (e.g., New               provisions of this Program include the
                                                     c. Submit Your Applicant’s                           Starts, Small Starts, or Core Capacity                National Public Transportation Safety
                                                  Certifications and Assurances. You                      Improvement) or formula programs,                     Plan, the Public Transportation Safety
                                                  must submit all Categories of the FY                    FTA expects to receive your Applicant’s               Certification Training Program, and the
                                                  2017 Certifications and Assurances that                 FY 2017 Certifications and Assurances                 Public Transportation Agency Safety
                                                  apply to your Applicant and the                         within ninety (90) days from the date                 Plan (See 49 U.S.C. 5329(b) through (d)).
                                                  Award(s) it seek in FY 2017. For your                   FTA opens its new electronic award and                FTA believes consolidating these
                                                  convenience, FTA recommends that you                    management system, Transit Award                      provisions into one certification is
                                                  submit all twenty-three (23) Categories                 Management System (TrAMS) or soon                     appropriate for the FY 2017 List of
                                                  of Certifications and Assurances. Those                 after the submittal of your Applicant’s               Certifications and Assurances.
                                                  provisions of the Certifications and                    request for federal assistance for FY                    g. We added a new Category 9.C,
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                                                  Assurances that do not apply to your                    2017.                                                 ‘‘State Safety Oversight Requirements,’’
                                                  Applicant or its Award will not be                         (2) If your Applicant seeks federal                which references to 49 U.S.C. 5329(e)
                                                  enforced.                                               assistance from an FTA program other                  and FTA regulations, ‘‘State Safety
                                                     d. Submit Your Applicant’s Required                  than a formula program or a                           Oversight,’’ 49 CFR part 674.
                                                  Documentation. You must ensure that                     discretionary capital or operating                       h. In Category 11, ‘‘Fixed Guideway
                                                  your Applicant has submitted to FTA a                   program, e.g., for a Public                           Capital Investment Grants Program
                                                  correct, current version of the following               Transportation Innovation (formerly,                  (New Starts, Small Starts, and Core


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                                                  92956                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

                                                  Capacity Improvement),’’ we have                           o. In Category 16.A, ‘‘Formula Grants                u. In Category 21.B, ‘‘State
                                                  added a reference to:                                   for Rural Areas Programs,’’ we have:                  Infrastructure Banks (SIB) Program, we
                                                    (1) FTA Regulations, ‘‘Transit Asset                     (1) Added references to 49 U.S.C.                  have:
                                                  Management,’’ 49 CFR part 625, and                      5329(b) guidance and other final                        (1) Noted that the U.S. DOT Build
                                                    (2) The updated ‘‘Final Interim Policy                regulations and directives, in effect or              America Bureau will enter into SIB
                                                  Guidance, Federal Transit                               when issued, that implement the Public                Cooperative Agreements with the state,
                                                  Administration Capital Investment                       Transportation Safety Programs                          (2) Added references to 49 U.S.C.
                                                  Grant Program,’’ June 2016.                             authorized by 49 U.S.C. 5329, and                     5329(b) guidance and other final
                                                    i. In Category 12, ‘‘State of Good                       (2) Added a reference to FTA                       regulations and directives, in effect or
                                                  Repair Program,’’ we have added a                       Regulations, ‘‘Transit Asset                          when issued, that implement the Public
                                                  reference to FTA Regulations, ‘‘Transit                 Management,’’ 49 CFR part 625.                        Transportation Safety Programs
                                                  Asset Management,’’ 49 CFR part 625.                       p. In Category 16.B, ‘‘Appalachian                 authorized by 49 U.S.C. 5329, and
                                                    j. In Category 13.A, ‘‘Grants for Buses               Development Public Transportation                       (3) Added a reference to FTA
                                                  and Bus Facilities Program,’’ we have:                  Program,’’ we have:                                   Regulations, ‘‘Transit Asset
                                                    (1) Added references to 49 U.S.C.                        (1) Added references to 49 U.S.C.                  Management,’’ 49 CFR part 625.
                                                  5329(b) guidance and other final                        5329(b) guidance and other final                      6. How do you submit the certifications
                                                  regulations and directives in effect or                 regulations and directives, in effect or              and assurances?
                                                  when issued, that implement the Public                  when issued, that implement the Public
                                                  Transportation Safety Programs                                                                                   a. Electronic Submission. Except in
                                                                                                          Transportation Safety Programs                        rare circumstances and if permitted by
                                                  authorized by 49 U.S.C. 5329, and                       authorized by 49 U.S.C. 5329, and
                                                    (2) Added a reference to FTA                                                                                FTA, you must submit your Applicant’s
                                                                                                             (2) Added a reference to FTA                       FY 2017 Certifications and Assurances
                                                  Regulations, ‘‘Transit Asset                            Regulations, ‘‘Transit Asset
                                                  Management,’’ 49 CFR part 625.                                                                                and your attorney’s Affirmation in
                                                                                                          Management,’’ 49 CFR part 625.                        TrAMS. To submit the Certifications
                                                    k. In Category 13.B, ‘‘Low or No
                                                                                                             q. In Category 17, ‘‘Tribal Transit                and Assurances, you must be registered
                                                  Emission Vehicle Deployment,’’ we
                                                                                                          Programs (Public Transportation on                    in TrAMS. TrAMS contains fields for
                                                  have:
                                                                                                          Indian Reservations Programs,’’ we have               individually selecting among the
                                                    (1) Added references to 49 U.S.C.
                                                                                                          added a reference to FTA Regulations,                 twenty-three (23) Categories of
                                                  5329(b) guidance and other final
                                                                                                          ‘‘Transit Asset Management,’’ 49 CFR                  Certifications and Assurances that apply
                                                  regulations and directives, in effect or
                                                                                                          part 625.                                             to your Applicant and also a designated
                                                  when issued, that implement the Public
                                                                                                             r. In Category 18, ‘‘State Safety                  field for selecting all twenty-three (23)
                                                  Transportation Safety Programs
                                                                                                          Oversight Grant Program,’’ we have:                   Categories, of which only the
                                                  authorized by 49 U.S.C. 5329, and
                                                    (2) Added a reference to FTA                             (1) Explained that, depending on how               requirements that apply to you or your
                                                  Regulations, ‘‘Transit Asset                            far the Recipient has progressed in                   Applicant will be enforced.
                                                  Management,’’ 49 CFR part 625.                          developing a State Safety Oversight                      As an authorized representative of the
                                                    l. In Category 14.A, ‘‘Urbanized Area                 program fully compliant with 49 CFR                   Applicant, you must enter your personal
                                                  Formula Grants Program,’’ we have:                      part 674, the following FTA regulations               identification number (PIN), which is
                                                    (1) Added references to 49 U.S.C.                     will apply:                                           your electronic signature, in TrAMS.
                                                  5329(b) guidance and other final                           (a) The Recipient agrees that FTA                  The Attorney must enter his or her PIN
                                                  regulations and directives, in effect or                regulations, ‘‘State Safety Oversight,’’ 49           in TrAMS, affirming your Applicant’s
                                                  when issued, that implement the Public                  CFR part 674, will apply when its State               legal authority to make and comply with
                                                  Transportation Safety Programs                          Safety Oversight program is fully                     the Certifications and Assurances you
                                                  authorized by 49 U.S.C. 5329, and                       compliant with FTA’s requirements, but                have selected on its behalf. You may
                                                    (2) Added a reference to FTA                             (b) The Recipient agrees that FTA                  enter your PIN in place of the Attorney’s
                                                  Regulations, ‘‘Transit Asset                            regulations, ‘‘Rail Fixed Guideway                    PIN, provided that your Applicant has
                                                  Management,’’ 49 CFR part 625.                          Systems; State Safety Oversight,’’ 49                 on file and uploads to TrAMS a similar
                                                    m. In Category 14.B, ‘‘Passenger Ferry                CFR part 659, will continue to apply to               affirmation that has been written, dated,
                                                  Grant Program,’’ we have:                               those states that have not yet                        and signed by its Attorney in FY 2017.
                                                    (1) Added references to 49 U.S.C.                     implemented a fully compliant Public                     b. Paper Submission. Only in very
                                                  5329(b) guidance and other final                        Transportation Safety Program.                        limited circumstances may your
                                                  regulations and directives, in effect or                   (2) Added a reference to FTA                       Applicant submit its FY 2017
                                                  when issued, that implement the Public                  Regulations, ‘‘Transit Asset                          Certifications and Assurances solely on
                                                  Transportation Safety Programs                          Management,’’ 49 CFR part 625.                        paper. For example if the Applicant has
                                                  authorized by 49 U.S.C. 5329, and                          s. In Category 20, ‘‘Expedited Project             demonstrated that it is unable to submit
                                                    (2) Added a reference to FTA                          Delivery Pilot Program,’’ we have added               its Certifications and Assurances
                                                  Regulations, ‘‘Transit Asset                            a reference to FTA Regulations, ‘‘Transit             electronically in TrAMS or is a one-time
                                                  Management,’’ 49 CFR part 625.                          Asset Management,’’ 49 CFR part 625.                  recipient, and if FTA has agreed in
                                                    n. In Category 15, ‘‘Enhanced Mobility                   t. In Category 21.A, ‘‘Transportation              writing to accept your Applicant’s
                                                  of Seniors and Individuals with                         Infrastructure Finance and Innovation                 Certifications and Assurances on paper,
                                                  Disabilities Programs,’’ we have:                       Act (TIFIA) Program,’’ we have:                       then your Applicant may indicate the
                                                    (1) Added references to 49 U.S.C.                        (1) Added references to 49 U.S.C.                  Categories of Certifications and
                                                  5329(b) guidance and other final                        5329(b) guidance and other final                      Assurances your Applicant is
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                                                  regulations and directives, in effect or                regulations and directives, in effect or              submitting in typewritten hard copy on
                                                  when issued, that implement the Public                  when issued, that implement the Public                the Signature Pages.
                                                  Transportation Safety Programs                          Transportation Safety Programs                           To do so, you may place a single mark
                                                  authorized by 49 U.S.C. 5329, and                       authorized by 49 U.S.C. 5329, and                     in the designated space to signify your
                                                    (2) Added a reference to FTA                             (2) Added a reference to FTA                       Applicant’s agreement to comply with
                                                  Regulations, ‘‘Transit Asset                            Regulations, ‘‘Transit Asset                          all Categories of Certifications and
                                                  Management,’’ 49 CFR part 625.                          Management,’’ 49 CFR part 625.                        Assurances to the extent that they apply


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                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                                92957

                                                  to it, or select the specific Categories of             federal holidays. An electronic version                 By Order of the Maritime Administrator.
                                                  Certifications and Assurances that apply                of this document and all documents                    T. Mitchell Hudson, Jr.,
                                                  to your Applicant and its Award. You                    entered into this docket is available at              Secretary, Maritime Administration.
                                                  must obtain your Attorney’s signature,                  http://www.regulations.gov.                           [FR Doc. 2016–30652 Filed 12–19–16; 8:45 am]
                                                  whether on the Signature Page or on a                   FOR FURTHER INFORMATION CONTACT:                      BILLING CODE 4910–81–P
                                                  separate document that makes the same                   Bianca Carr, U.S. Department of
                                                  affirmation as on the Signature Page. In                Transportation, Maritime
                                                  such a case, the Regional Office or the                 Administration, 1200 New Jersey                       DEPARTMENT OF TRANSPORTATION
                                                  Headquarters Program Office must                        Avenue SE., Room W23–453,
                                                  attach the paper submission to TrAMS.                   Washington, DC 20590. Telephone 202–                  Maritime Administration
                                                     For more information, you may                        366–9309, Email Bianca.carr@dot.gov.                  [Docket No. MARAD–2016–0129]
                                                  contact the appropriate FTA Regional or
                                                                                                          SUPPLEMENTARY INFORMATION: As
                                                  Metropolitan Office.                                                                                          Requested Administrative Waiver of
                                                                                                          described by the applicant the intended
                                                    Authority. 49 U.S.C. chapter 53; the Fixing           service of the vessel ANDANTE MAR is:                 the Coastwise Trade Laws: Vessel
                                                  America’s Surface Transportation (FAST)                                                                       KALULU; Invitation for Public
                                                  Act, Pub. L. 114–94, December 4, 2015; and              —INTENDED COMMERCIAL USE OF                           Comments
                                                  other federal laws administered by FTA; U.S.               VESSEL: ‘‘Six-Pack Charter Sport
                                                  DOT and FTA regulations codified or to be                  Fishing and Cruising on the Gulf                   AGENCY:   Maritime Administration.
                                                  codified in Title 49, Code of Federal                      Coast’’                                            ACTION:   Notice.
                                                  Regulations; and FTA Circulars.                         —GEOGRAPHIC REGION: ‘‘Louisiana,
                                                                                                             Mississippi, Alabama, Florida’’                    SUMMARY:   The Secretary of
                                                    Issued in Washington, DC.
                                                                                                                                                                Transportation, as represented by the
                                                  Matthew Welbes,                                         The complete application is given in                  Maritime Administration (MARAD), is
                                                  Executive Director.                                     DOT docket MARAD–2016–0128 at                         authorized to grant waivers of the U.S.-
                                                  [FR Doc. 2016–30614 Filed 12–19–16; 8:45 am]            http://www.regulations.gov. Interested                build requirement of the coastwise laws
                                                  BILLING CODE P
                                                                                                          parties may comment on the effect this                under certain circumstances. A request
                                                                                                          action may have on U.S. vessel builders               for such a waiver has been received by
                                                                                                          or businesses in the U.S. that use U.S.-              MARAD. The vessel, and a brief
                                                  DEPARTMENT OF TRANSPORTATION                            flag vessels. If MARAD determines, in                 description of the proposed service, is
                                                                                                          accordance with 46 U.S.C. 12121 and                   listed below.
                                                  Maritime Administration                                 MARAD’s regulations at 46 CFR part
                                                                                                                                                                DATES: Submit comments on or before
                                                  [Docket No. MARAD–2016–0128]
                                                                                                          388, that the issuance of the waiver will
                                                                                                          have an unduly adverse effect on a U.S.-              January 19, 2017.
                                                                                                          vessel builder or a business that uses                ADDRESSES: Comments should refer to
                                                  Requested Administrative Waiver of
                                                                                                          U.S.-flag vessels in that business, a                 docket number MARAD–2016–0129.
                                                  the Coastwise Trade Laws: Vessel
                                                                                                          waiver will not be granted. Comments                  Written comments may be submitted by
                                                  ANDANTE MAR; Invitation for Public
                                                                                                          should refer to the docket number of                  hand or by mail to the Docket Clerk,
                                                  Comments
                                                                                                          this notice and the vessel name in order              U.S. Department of Transportation,
                                                  AGENCY:   Maritime Administration.                      for MARAD to properly consider the                    Docket Operations, M–30, West
                                                  ACTION:   Notice.                                       comments. Comments should also state                  Building Ground Floor, Room W12–140,
                                                                                                          the commenter’s interest in the waiver                1200 New Jersey Avenue SE.,
                                                  SUMMARY:   The Secretary of                             application, and address the waiver                   Washington, DC 20590. You may also
                                                  Transportation, as represented by the                   criteria given in § 388.4 of MARAD’s                  send comments electronically via the
                                                  Maritime Administration (MARAD), is                     regulations at 46 CFR part 388.                       Internet at http://www.regulations.gov.
                                                  authorized to grant waivers of the U.S.-                                                                      All comments will become part of this
                                                  build requirement of the coastwise laws                 Privacy Act                                           docket and will be available for
                                                  under certain circumstances. A request                     In accordance with 5 U.S.C. 553(c),                inspection and copying at the above
                                                  for such a waiver has been received by                  DOT/MARAD solicits comments from                      address between 10:00 a.m. and 5:00
                                                  MARAD. The vessel, and a brief                          the public to better inform its                       p.m., Monday through Friday, except
                                                  description of the proposed service, is                 rulemaking process. DOT/MARAD posts                   federal holidays. An electronic version
                                                  listed below.                                           these comments, without edit, to                      of this document and all documents
                                                  DATES: Submit comments on or before                     www.regulations.gov, as described in                  entered into this docket is available at
                                                  January 19, 2017.                                       the system of records notice, DOT/ALL–                http://www.regulations.gov.
                                                  ADDRESSES: Comments should refer to                     14 FDMS, accessible through                           FOR FURTHER INFORMATION CONTACT:
                                                  docket number MARAD–2016–0128.                          www.dot.gov/privacy. In order to                      Bianca Carr, U.S. Department of
                                                  Written comments may be submitted by                    facilitate comment tracking and                       Transportation, Maritime
                                                  hand or by mail to the Docket Clerk,                    response, we encourage commenters to                  Administration, 1200 New Jersey
                                                  U.S. Department of Transportation,                      provide their name, or the name of their              Avenue SE., Room W23–453,
                                                  Docket Operations, M–30, West                           organization; however, submission of                  Washington, DC 20590. Telephone 202–
                                                  Building Ground Floor, Room W12–140,                    names is completely optional. Whether                 366–9309, Email Bianca.carr@dot.gov.
                                                  1200 New Jersey Avenue SE.,                             or not commenters identify themselves,                SUPPLEMENTARY INFORMATION: As
                                                  Washington, DC 20590. You may also                      all timely comments will be fully                     described by the applicant the intended
mstockstill on DSK3G9T082PROD with NOTICES




                                                  send comments electronically via the                    considered. If you wish to provide                    service of the vessel KALULU is:
                                                  Internet at http://www.regulations.gov.                 comments containing proprietary or                    —INTENDED COMMERCIAL USE OF
                                                  All comments will become part of this                   confidential information, please contact                 VESSEL: ‘‘Four Seasons Hotel guest
                                                  docket and will be available for                        the agency for alternate submission                      transport between Manele Harbor,
                                                  inspection and copying at the above                     instructions.                                            Lanai and an offshore mooring
                                                  address between 10:00 a.m. and 5:00                     (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,             operated by the Four Seasons Resort
                                                  p.m., Monday through Friday, except                     46 U.S.C. 12121)                                         for ocean recreation.’’


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Document Created: 2018-02-14 09:09:34
Document Modified: 2018-02-14 09:09:34
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 of availability.
DatesEffective Date: These FY 2017 Certifications and Assurances are effective October 1, 2016, the first day of FY 2017.
ContactThe appropriate Regional or Metropolitan Office listed in this notice. For copies of related documents and information, see our Web site at www.transit.dot.gov/ certs or contact our Office of Administration at 202-366-4007.
FR Citation81 FR 92953 

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