82_FR_31929 82 FR 31799 - FTA Supplemental Fiscal Year (FY) 2017 Apportionments, Allocations, and Program Information

82 FR 31799 - FTA Supplemental Fiscal Year (FY) 2017 Apportionments, Allocations, and Program Information

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range31799-31800
FR Document2017-14403

The Federal Transit Administration (FTA) annually publishes one or more notices to apportion funds appropriated by law. This is the second notice which announces the remaining apportionment for programs funded with Fiscal Year (FY) 2017 contract authority.

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017) 
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31799-31800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14403]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FTA Supplemental Fiscal Year (FY) 2017 Apportionments, 
Allocations, and Program Information

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Transit Administration (FTA) annually publishes 
one or more notices to apportion funds appropriated by law. This is the 
second notice which announces the remaining apportionment for programs 
funded with Fiscal Year (FY) 2017 contract authority.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice contact Kimberly Sledge, Director, Office of Transit Programs, 
at (202) 366-2053. Please contact the appropriate FTA regional office 
for any specific requests for information or technical assistance. A 
list of FTA regional offices and contact information is available on 
the FTA Web: www.transit.dot.gov.

SUPPLEMENTARY INFORMATION:

I. Overview

    Funding appropriated to FTA's public transportation assistance 
programs under the Further Continuing and Security Assistance 
Appropriations Act, 2017 (Pub. L. 114-254) expired on April 28, 2017. 
Since that time, Congress has enacted the Consolidated Appropriations 
Act, 2017, Public Law 115-31 on May 5, 2017 (Appropriations Act, 2017) 
that allows FTA to continue its current program funding through 
September 30, 2017.
    The Appropriations Act, 2017 gave FTA appropriated resources for 
Administrative Expenses, Formula, Competitive and Research Programs, 
Capital Investment Grants (CIG), Technical Assistance and Training 
Programs, grants to the Washington Metropolitan Area Transportation 
Authority, and other FTA programs totaling $12,414,502,043. The 
Appropriations Act, 2017 provides an obligation limitation of 
$9,733,706,043 of contract authority for FTA programs funded from the 
Mass Transit Account of the Highway Trust Fund, $2,680,796,000 funded 
from General Fund accounts and an additional $117,839,000 of prior year 
recovered funds for CIG.
    On January 19, 2017, FTA published an apportionments notice that 
apportioned approximately 7/12ths of the FY 2017 authorized contract 
authority among potential program recipients based on contract 
authority that was available from October 1, 2016 through April 28, 
2017 (82 FR 12). That notice also provided relevant information about 
the FY 2017 funding available and grant management and application 
procedures. A copy of that notice and accompanying tables can be found 
on the FTA Web: www.transit.dot.gov/funding/apportionments.
    This document provides notice to stakeholders that FTA is 
apportioning the remainder of the full-year FY 2017 authorized contract 
authority through September 30, 2017--among potential

[[Page 31800]]

program recipients according to statutory formulas in 49 U.S.C. Chapter 
53. FTA has posted tables displaying the funds available to eligible 
states and urbanized areas on the FTA Web: www.transit.dot.gov/funding/apportionments. In addition, the National Transit Database (NTD) and 
Census Data used in the funding formulas can be found at the same 
location.

II. Formula Apportionments

    FTA's full-year FY 2017 formula apportionment tables continue to 
rely on the Census data and National Transit Database (NTD) data that 
was used to calculate the FY 2017 Continuing Resolution (CR) tables. A 
detailed description of the NTD and Census data used in the 
calculations can be found in FTA's Apportionment Notice published in 
conjunction with the FY 2017 CR tables. (Federal Register Vol. 82, No. 
12, January 19, 2017).
    FTA's FY 2017 CR tribal transit formula table inadvertently omitted 
three tribes eligible for formula funding in FY 2017: The Mashantucket 
Pequot Tribal Nation, the Hualapai Indian Tribe, and the Mashpee 
Wampanoag Tribe. Apportionments for these tribes are included in FTA's 
full year tribal transit formula table.

III. Program Highlights and Grants Guidance

A. State Safety Oversight Program Certification

    Federal transit law requires States with rail transit systems 
operating within their jurisdictions to establish a State Safety 
Oversight (SSO) program that must be certified by the Federal Transit 
Administration (FTA) by April 15, 2019. The FTA is prohibited by law 
from awarding any funds to any transit agency within a State that fails 
to obtain certification by the deadline. The FTA recommends that States 
submit their complete SSO program certification applications by April 
15, 2018, but no later than September 30, 2018. For more information on 
the certification requirements, please visit the FTA Web: 
www.transit.dot.gov/regulations-and-guidance/safety/transit-safety-oversight-tso.

B. 100 Bus Special Rule

    Section 165 of the Consolidated Appropriations Act, 2017 amended 
the law governing the special provision for operating assistance under 
5307(a)(2), commonly known as the 100-bus special rule, by replacing 
the exception to the special rule established in the FAST Act with a 
new alternative method for determining the amounts that may be used for 
operating assistance. Under 5307(a)(2)(A), transit agencies that 
operate between 76 and 100 buses in maximum revenue service may use 50 
percent of the share of the UZA's apportionment attributable to them 
based on vehicle revenue hours reported to the NTD. Transit agencies 
that operate 75 or fewer buses in maximum revenue service may use 75 
percent of the share of the UZA's apportionment attributable to them 
based on vehicle revenue hours reported to the NTD. These amounts are 
published in Apportionment Table 3-A.
    The recently enacted amendment under 5307(a)(2)(B), provides an 
alternative to these amounts by allowing qualifying recipients with 
between 76 and 100 buses in maximum revenue service to receive 
operating assistance in an amount not to exceed 50 percent of the 
amount allocated to such systems through the local planning process and 
in the designated recipient's final program of projects. Likewise, 
recipients with 75 or fewer buses in maximum revenue service may now 
receive operating assistance in an amount not to exceed 75 percent of 
the amount allocated to such systems through the local planning process 
and in the designated recipient's final program of projects. However, 
in both cases, the resulting amount under this alternative may not 
exceed the maximum amount based on vehicle revenue hours by more than 
10 percent. FTA has published these amounts and related information in 
Apportionment Table 3-A.
    Agencies interested in utilizing the recently enacted alternative 
are advised that the new alternative operating assistance cap under 
5307(a)(2)(B) is only available as a percentage of the actual program 
funding allocated to their agency for projects. For example, consider 
an agency that operates 80 buses in maximum service that is permitted 
to use $100,000 for operating expenses under the original 5307(a)(2)(A) 
operating assistance cap. If this agency chooses to use the new 
5307(a)(2)(B) alternative, it may use up to $110,000 for operating 
assistance, but to do so it must have been allocated at least $220,000 
through the planning process ($220,000 allocation/50 percent = 
$110,000). The exception to this provision previously authorized at 
5307(a)(3), permitting recipients in an urbanized area to agree in 
writing on an alternative method for allocating funding available for 
operating assistance, has been repealed and no longer applies.

C. Fixed Guideway Capital Investment Grants Program

    Section 161 of the Consolidated Appropriations Act, 2017 extends 
the period of availability of FY 2017 Fixed Guideway Capital Investment 
Grants (CIG) program funds through September 30, 2021. Please note that 
the President's Budget for FY 2018 proposes no funding for new CIG 
projects, and thus project sponsors should understand they are 
undertaking work on projects at their own risk which may not receive 
CIG funding.

Matthew J. Welbes,
Executive Director.
[FR Doc. 2017-14403 Filed 7-7-17; 8:45 am]
BILLING CODE P

Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31799 South Dakota, Wyoming, Montana, and special vehicles will increase costs apportionment for programs funded Colorado. The requested exemption substantially due to the unusual with Fiscal Year (FY) 2017 contract would affect 65 MBI Energy Services configurations of single cab vehicles authority. drivers operating 42 single-cab vehicles requiring specialized wiring harnesses FOR FURTHER INFORMATION CONTACT: For classified in North Dakota as Special and custom installation kits. general information about this notice Mobile Equipment (SME). These MBI states that the exemption would contact Kimberly Sledge, Director, vehicles meet the definition of a involve no additional costs since Office of Transit Programs, at (202) 366– commercial motor vehicle (CMV) in 49 current regulations require drivers to 2053. Please contact the appropriate CFR 390.5 and therefore are subject to manually record duty status, and that FTA regional office for any specific the ELD or AOBRD mandate. These would not change under the exemption. requests for information or technical specialized vehicles perform various Companies operating single-cab special assistance. A list of FTA regional offices work activities in an environment where mobile equipment would realize savings and contact information is available on connectivity is limited, working and compared to the costs incurred to install the FTA Web: www.transit.dot.gov. road conditions are rough, and the custom hardware required for necessity for driving on public roads is SUPPLEMENTARY INFORMATION: industrial-grade logging units meeting sporadic and incidental to the overall the ELD mandate and the subsequent I. Overview work being performed. The vehicles monthly communication costs. MBI Funding appropriated to FTA’s public may sit on work locations for long requests a 5-year exemption. transportation assistance programs periods of time, up to weeks or even IV. Method To Ensure an Equivalent or under the Further Continuing and months. These vehicles are typically Greater Level of Safety Security Assistance Appropriations Act, oversize and overweight requiring special permits for transport. Many MBI states that it would continue to 2017 (Pub. L. 114–254) expired on April States do not require registration, as use paper logs if granted the exemption 28, 2017. Since that time, Congress has they build the registration fees into the and would require the driver to enacted the Consolidated permit process. document on-duty and driving times to Appropriations Act, 2017, Public Law Examples of SMEs meeting the ensure compliance with the 115–31 on May 5, 2017 (Appropriations definition of a CMV having a single cab requirements of 49 CFR part 395. Act, 2017) that allows FTA to continue include cranes, workover rigs, and swab According to MBI, paper logs would be its current program funding through units. Single cabs have reduced space reviewed daily by supervisory September 30, 2017. for installing rough-terrain-capable The Appropriations Act, 2017 gave personnel to ensure regulatory AOBRDs or ELDs. The devices used FTA appropriated resources for compliance and appropriate fatigue must be capable of satellite Administrative Expenses, Formula, management. Because the vehicles are communication where cell Competitive and Research Programs, rarely driven and highly regulated by communication is poor to non-existent. Capital Investment Grants (CIG), States when being transported, with The installation of rugged logging units, Technical Assistance and Training minimal highway exposure, the driving weighing more than typical units used Programs, grants to the Washington public would not be adversely affected, in highway applications, would reduce Metropolitan Area Transportation and the safety of these specialized driver visibility in an already large Authority, and other FTA programs vehicles would not be compromised due vehicle due to the limited space found totaling $12,414,502,043. The to unwieldy device installations in an in single-cab vehicles. Additionally, the Appropriations Act, 2017 provides an already cramped operator’s installation and rough terrain upon obligation limitation of $9,733,706,043 compartment. which the vehicles travel may require a A copy of MBI’s application for of contract authority for FTA programs unit being installed over the driver’s exemption is available for review in the funded from the Mass Transit Account head, increasing the risk of the unit docket for this notice. of the Highway Trust Fund, falling on the driver resulting in injury $2,680,796,000 funded from General Issued on: July 3, 2017. Fund accounts and an additional or a vehicle accident involving the travelling public. Larry W. Minor, $117,839,000 of prior year recovered While these vehicles normally travel Associate Administrator for Policy. funds for CIG. little, business demand may require MBI [FR Doc. 2017–14377 Filed 7–7–17; 8:45 am] On January 19, 2017, FTA published vehicles to move more often than 8 days BILLING CODE 4910–EX–P an apportionments notice that in a 30-day period, the maximum apportioned approximately 7/12ths of frequency allowed by 49 CFR the FY 2017 authorized contract 395.8(a)(1)(iii)(A)(1) for the use of paper DEPARTMENT OF TRANSPORTATION authority among potential program RODS instead of ELDs. According to recipients based on contract authority MBI, the current regulations do not Federal Transit Administration that was available from October 1, 2016 address circumstances where the through April 28, 2017 (82 FR 12). That vehicle’s exemption status is sporadic in FTA Supplemental Fiscal Year (FY) notice also provided relevant nature, thus requiring MBI to install an 2017 Apportionments, Allocations, and information about the FY 2017 funding ELD to remain compliant during times Program Information available and grant management and not covered by the exemption. While AGENCY: Federal Transit Administration application procedures. A copy of that alternatives exist to industrial-grade (FTA), DOT. notice and accompanying tables can be sradovich on DSK3GMQ082PROD with NOTICES logging units, the alternatives usually ACTION: Notice. found on the FTA Web: involve cell phones or cell-capable www.transit.dot.gov/funding/ tablets where the terrain or remote SUMMARY: The Federal Transit apportionments. locations of work may inhibit logging Administration (FTA) annually This document provides notice to device communication for extended publishes one or more notices to stakeholders that FTA is apportioning periods of time. Many worksites apportion funds appropriated by law. the remainder of the full-year FY 2017 prohibit cell phone usage due to safety This is the second notice which authorized contract authority through concerns. Additionally, installations in announces the remaining September 30, 2017—among potential VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1

31800 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices program recipients according to determining the amounts that may be C. Fixed Guideway Capital Investment statutory formulas in 49 U.S.C. Chapter used for operating assistance. Under Grants Program 53. FTA has posted tables displaying the 5307(a)(2)(A), transit agencies that Section 161 of the Consolidated funds available to eligible states and operate between 76 and 100 buses in Appropriations Act, 2017 extends the urbanized areas on the FTA Web: maximum revenue service may use 50 period of availability of FY 2017 Fixed www.transit.dot.gov/funding/ percent of the share of the UZA’s Guideway Capital Investment Grants apportionments. In addition, the apportionment attributable to them (CIG) program funds through September National Transit Database (NTD) and based on vehicle revenue hours reported 30, 2021. Please note that the Census Data used in the funding to the NTD. Transit agencies that President’s Budget for FY 2018 proposes formulas can be found at the same operate 75 or fewer buses in maximum no funding for new CIG projects, and location. revenue service may use 75 percent of thus project sponsors should II. Formula Apportionments the share of the UZA’s apportionment understand they are undertaking work attributable to them based on vehicle on projects at their own risk which may FTA’s full-year FY 2017 formula revenue hours reported to the NTD. not receive CIG funding. apportionment tables continue to rely These amounts are published in on the Census data and National Transit Apportionment Table 3–A. Matthew J. Welbes, Database (NTD) data that was used to Executive Director. calculate the FY 2017 Continuing The recently enacted amendment [FR Doc. 2017–14403 Filed 7–7–17; 8:45 am] Resolution (CR) tables. A detailed under 5307(a)(2)(B), provides an BILLING CODE P description of the NTD and Census data alternative to these amounts by allowing used in the calculations can be found in qualifying recipients with between 76 FTA’s Apportionment Notice published and 100 buses in maximum revenue DEPARTMENT OF TRANSPORTATION in conjunction with the FY 2017 CR service to receive operating assistance in tables. (Federal Register Vol. 82, No. 12, an amount not to exceed 50 percent of Maritime Administration January 19, 2017). the amount allocated to such systems through the local planning process and [Docket No. MARAD 2017–0117] FTA’s FY 2017 CR tribal transit formula table inadvertently omitted in the designated recipient’s final Maritime Workforce Working Group three tribes eligible for formula funding program of projects. Likewise, recipients Request for Public Input in FY 2017: The Mashantucket Pequot with 75 or fewer buses in maximum Tribal Nation, the Hualapai Indian revenue service may now receive AGENCY: Maritime Administration, Tribe, and the Mashpee Wampanoag operating assistance in an amount not to Department of Transportation. Tribe. Apportionments for these tribes exceed 75 percent of the amount ACTION: Notice and request for are included in FTA’s full year tribal allocated to such systems through the comments. transit formula table. local planning process and in the designated recipient’s final program of SUMMARY: The Maritime Administration III. Program Highlights and Grants projects. However, in both cases, the (MARAD) invites public comment to Guidance resulting amount under this alternative examine and assess the size of the pool may not exceed the maximum amount of United States citizen mariners A. State Safety Oversight Program based on vehicle revenue hours by more necessary to support the United States Certification than 10 percent. FTA has published flag fleet in times of national emergency. Federal transit law requires States these amounts and related information The purpose of this public notice is to with rail transit systems operating in Apportionment Table 3–A. gather comments to assist in the within their jurisdictions to establish a development of a statutorily mandated State Safety Oversight (SSO) program Agencies interested in utilizing the report to Congress with actionable that must be certified by the Federal recently enacted alternative are advised recommendations. Transit Administration (FTA) by April that the new alternative operating assistance cap under 5307(a)(2)(B) is DATES: The deadline to submit 15, 2019. The FTA is prohibited by law only available as a percentage of the comments is July 31, 2017. See from awarding any funds to any transit actual program funding allocated to Submitting Your Comments and agency within a State that fails to obtain their agency for projects. For example, Opinions below for specific directions. certification by the deadline. The FTA recommends that States submit their consider an agency that operates 80 ADDRESSES: Comments should refer to complete SSO program certification buses in maximum service that is the docket number above and submitted applications by April 15, 2018, but no permitted to use $100,000 for operating by one of the following methods: later than September 30, 2018. For more expenses under the original • Federal Rulemaking Portal: http:// information on the certification 5307(a)(2)(A) operating assistance cap. If www.regulations.gov/. Follow the online requirements, please visit the FTA Web: this agency chooses to use the new instruction for submitted comments. www.transit.dot.gov/regulations-and- 5307(a)(2)(B) alternative, it may use up • Mail: Docket Management Facility, guidance/safety/transit-safety-oversight- to $110,000 for operating assistance, but U.S. Department of Transportation, 1200 tso. to do so it must have been allocated at New Jersey Avenue SE., West Building least $220,000 through the planning Ground Floor, Room W12–140, B. 100 Bus Special Rule process ($220,000 allocation/50 percent Washington, DC 20590–0001. Section 165 of the Consolidated = $110,000). The exception to this Hand Delivery: 1200 New Jersey sradovich on DSK3GMQ082PROD with NOTICES Appropriations Act, 2017 amended the provision previously authorized at Avenue SE., West Building Ground law governing the special provision for 5307(a)(3), permitting recipients in an Floor, Room W12–140, Washington, DC, operating assistance under 5307(a)(2), urbanized area to agree in writing on an between 9 a.m. and 5 p.m. ET, Monday commonly known as the 100-bus special alternative method for allocating through Friday, except Federal rule, by replacing the exception to the funding available for operating Holidays. special rule established in the FAST Act assistance, has been repealed and no FOR FURTHER INFORMATION CONTACT: with a new alternative method for longer applies. Tania Adames, Transportation Industry VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1


Document Created: 2017-07-08 00:55:23
Document Modified: 2017-07-08 00:55:23
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.
ContactFor general information about this notice contact Kimberly Sledge, Director, Office of Transit Programs, at (202) 366-2053. Please contact the appropriate FTA regional office for any specific requests for information or technical assistance. A list of FTA regional offices and contact information is available on the FTA Web: www.transit.dot.gov.
FR Citation82 FR 31799 
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