83 FR 25104 - Allocation of Public Transportation Emergency Relief Funds in Response to Hurricanes Harvey, Irma, and Maria
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 83, Issue 105 (May 31, 2018)
Federal Transit Administration
Federal Register Volume 83, Issue 105 (May 31, 2018)
| Page Range | 25104-25108 | |
| FR Document | 2018-11538 |
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)] [Notices] [Pages 25104-25108] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11538] [[Page 25104]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Allocation of Public Transportation Emergency Relief Funds in Response to Hurricanes Harvey, Irma, and Maria AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of Allocation of Emergency Relief funds. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) announces the allocation of $277.5 million under the Public Transportation Emergency Relief Program (Emergency Relief Program) to States, Territories, and public transportation agencies affected by Hurricanes Harvey, Irma, and Maria. Within the $277.5 million announced in this notice, FTA is allocating $233.3 million for response, recovery, and rebuilding projects and $44.2 million for project elements or stand-alone projects that increase the resilience of the affected transit systems to future disasters. Such resilience investments shall be subject to specific conditions cited in this notice. FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA regional office found at http://www.transit.dot.gov for application-specific information and other assistance needed in preparing a Transit Award Management System (TrAMS) grant application. For program-specific questions, please contact John Bodnar, Office of Program Management, 1200 New Jersey Ave. SE, Washington, DC 20590, phone: (202) 366-9091, or email, John.Bodnar@dot.gov. For legal questions, contact Bonnie Graves, Office of Chief Counsel, 90 Seventh St., Ste 15-300, San Francisco, CA 94103, phone: (202) 366-0944, or email, Bonnie.Graves@dot.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Considerations for Recipients of Emergency Relief Funds A. Background and Allocation of Funds B. Allocation Methodology C. Matching Share D. Pre-award Authority E. Resilience Program of Projects F. Waiver of Remaining Useful Life Requirement G. Treatment of Insurance Proceeds H. Eligible Sources of Local Match I. Waiver Process II. Award Administration A. Grant Application B. Payment C. Grant Requirements D. Reporting Requirements E. Oversight and Audits I. Considerations for Recipients of Emergency Relief Funds A. Background and Allocation of Funds Beginning in August 2017, President Trump issued major disaster declarations associated with Hurricanes Harvey, Irma, and Maria for the following States and Territories: Florida, Georgia, Louisiana, Puerto Rico, South Carolina, Texas, and the United States Virgin Islands. Numerous counties and parishes in these States and Territories have been designated as eligible for assistance under the major disaster declarations. The Bipartisan Budget Act of 2018 (Pub. L. 115-123) appropriated $330 million for FTA's Emergency Relief Program (49 U.S.C. 5324, Catalog of Federal Domestic Assistance #20.527) for transit systems affected by Hurricanes Harvey, Irma, and Maria. FTA is allocating funds consistent with the requirements of the final rule for the Emergency Relief Program, 49 CFR part 602, published in the Federal Register on October 7, 2014. FTA's Emergency Relief Program provides FTA with primary responsibility for reimbursing emergency response and recovery costs after an emergency or major disaster that affects public transportation systems. As such, public transportation agencies, States, Territories, local governmental authorities, Indian tribes, and other FTA grant recipients that provide or fund public transportation service in the affected areas are eligible for Emergency Relief funding under the program. Of the $330 million appropriated, a total of $2,475,000 is set aside for administrative expenses and ongoing program management oversight activities as authorized under the Bipartisan Budget Act. From the remaining $327,525,000 currently available for allocation, FTA is allocating $277,525,000 as follows: 1. $232,308,000 for response, recovery, and rebuilding for States, Territories, and FTA direct recipients with estimated FTA Emergency Relief costs, including costs of subrecipients, eligible for reimbursement of more than $25,000 2. $44,217,000 for resilience projects in Florida, Puerto Rico, Texas, and the United States Virgin Islands 3. $1 million for response, recovery, and rebuilding for States, FTA direct recipients, and their subrecipients without a direct allocation of funds FTA is reserving $50 million for latent damages, damages not assessed in smaller areas, cost increases, and additional Emergency Relief needs that exceed the amounts made available in this notice. FTA may update allocations without further notice based on revised validated damage assessments. Recipients are strongly encouraged to review FTA's Emergency Relief Manual, found at https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program/emergency-relief-manual-reference-manual-states to assist in the identification of potentially eligible projects and emergency expenses. Table A--Allocation Summary ------------------------------------------------------------------------ ------------------------------------------------------------------------ Direct Allocations for Response, Recovery, and $ 232,308,000 Rebuilding............................................. Allocation for States and Direct Recipients Without a 1,000,000 Direct Allocation...................................... Resilience Allocations.................................. 44,217,000 Unallocated [Reserved for Latent Damages, Damages Not 50,000,000 Assessed in Smaller Areas, Cost Increases, and Additional Emergency Relief needs that Exceed the Amounts Made Available in this Notice]................. Reserved for Administrative Expenses and Program 2,475,000 Management Oversight................................... --------------- Total Appropriation................................. 330,000,000 ------------------------------------------------------------------------ B. Allocation Methodology 1. Response, Recovery, and Rebuilding Allocation Methodology FTA is allocating funding in this notice for response, recovery, and rebuilding based on emergency operations costs and detailed damage assessments submitted by affected agencies and prepared in cooperation with FTA and the Federal Emergency Management Administration (FEMA) staff. The total estimated cost for emergency transit operations and damage to transit agency assets from Hurricanes Harvey, Irma, and Maria is $254.1 million. Emergency operations costs, including evacuations and other [[Page 25105]] extraordinary passenger services, total approximately $36.3 million for all the transit agencies affected by these three disasters. The damage assessments include an estimated overall capital cost of recovery and rebuilding for the affected agencies, excluding projects to improve the resilience of the affected systems to future disasters. FTA validated the methodologies affected agencies used to estimate the costs of the damage, which total approximately $217.8 million. Based on these estimates, FTA is allocating a total of $232.3 million for the Federal share (discussed in more detail below) of response, recovery, and rebuilding for States, Territories and FTA direct recipients estimated to have Hurricane Harvey, Irma, and Maria related costs (including costs of subrecipients) eligible for reimbursement by the FTA Emergency Relief Program in excess of $25,000. In the event an affected recipient believes there has been a change to their overall damage assessment, the recipient should notify the relevant FTA regional office and provide documentation supporting the change for FTA review and validation. If, upon review, FTA concurs in the change, FTA may allocate additional funds to that agency. Table B--Direct Allocations for Response, Recovery, and Rebuilding ---------------------------------------------------------------------------------------------------------------- State or territory Recipient Discretionary funding ID Allocation ---------------------------------------------------------------------------------------------------------------- FL...................... Brevard County....................... D2018-EMER-001 $153,000 FL...................... Broward County....................... D2018-EMER-002 857,000 FL...................... Charlotte County..................... D2018-EMER-003 57,000 FL...................... Collier County....................... D2018-EMER-004 226,000 FL...................... Hillsborough Area Regional Transit D2018-EMER-005 110,000 Authority. FL...................... Jacksonville Transportation Authority D2018-EMER-006 734,000 FL...................... Key West, City of.................... D2018-EMER-007 209,000 FL...................... Lee County........................... D2018-EMER-008 515,000 FL...................... Lynx/Central Florida Regional D2018-EMER-009 432,000 Transportation Authority. FL...................... Manatee County Board of County D2018-EMER-010 70,000 Commissioners. FL...................... Miami-Dade Department of D2018-EMER-011 11,432,000 Transportation and Public Works. FL...................... Pinellas Suncoast Transit Authority.. D2018-EMER-012 80,000 FL...................... Sarasota County...................... D2018-EMER-013 111,000 FL...................... South Florida Regional Transportation D2018-EMER-014 1,136,000 Authority. FL...................... StarMetro (Tallahassee).............. D2018-EMER-015 41,000 GA...................... Chatham Area Transit (Savannah)...... D2018-EMER-016 187,000 PR...................... Autoridad Metropolitana de Autobuses. D2018-EMER-017 13,599,000 PR...................... Barceloneta.......................... D2018-EMER-018 901,000 PR...................... Bayam[oacute]n....................... D2018-EMER-019 164,000 PR...................... Caguas............................... D2018-EMER-020 1,116,000 PR...................... Camuy................................ D2018-EMER-021 159,000 PR...................... Carolina............................. D2018-EMER-022 414,000 PR...................... Cata[ntilde]o........................ D2018-EMER-023 928,000 PR...................... Cayey................................ D2018-EMER-024 2,452,000 PR...................... Ciales............................... D2018-EMER-025 708,000 PR...................... Cidra................................ D2018-EMER-026 193,000 PR...................... Dorado............................... D2018-EMER-027 49,000 PR...................... Fajardo.............................. D2018-EMER-028 77,000 PR...................... Guaynabo............................. D2018-EMER-029 482,000 PR...................... Hatillo.............................. D2018-EMER-030 306,000 PR...................... Hormigueros.......................... D2018-EMER-031 29,000 PR...................... Humacao.............................. D2018-EMER-032 1,823,000 PR...................... Juncos............................... D2018-EMER-033 311,000 PR...................... Manat[iacute]........................ D2018-EMER-034 233,000 PR...................... Ponce................................ D2018-EMER-035 906,000 PR...................... Puerto Rico Highways and D2018-EMER-036 169,412,000 Transportation Authority. PR...................... San Juan............................. D2018-EMER-037 2,701,000 PR...................... San Lorenzo.......................... D2018-EMER-038 258,000 PR...................... Toa Baja............................. D2018-EMER-039 131,000 PR...................... Vega Alta............................ D2018-EMER-040 230,000 PR...................... Vega Baja............................ D2018-EMER-041 148,000 PR...................... Yauco................................ D2018-EMER-042 59,000 TX...................... Brazos Transit District.............. D2018-EMER-043 188,000 TX...................... Capital Metropolitan Transportation D2018-EMER-044 64,000 Authority. TX...................... Fort Bend County Public D2018-EMER-045 77,000 Transportation (Fort Bend Transit). TX...................... Golden Crescent Regional Planning D2018-EMER-046 69,000 Commission (Victoria Transit). TX...................... Harris County Community Services D2018-EMER-047 129,000 Department. TX...................... Metropolitan Transit Authority of D2018-EMER-048 13,545,000 Harris County (Houston METRO). TX...................... Port Arthur, City of................. D2018-EMER-049 180,000 TX...................... Texas Department of Transportation... D2018-EMER-050 96,000 TX...................... Woodlands Township, The.............. D2018-EMER-051 2,267,000 VI...................... Virgin Islands Department of Public D2018-EMER-052 1,554,000 Works. --------------- Total............... ..................................... ............................... 232,308,000 ---------------------------------------------------------------------------------------------------------------- [[Page 25106]] Eligible State, Territory and FTA direct recipients not listed in Table B may apply for funding through the appropriate FTA regional office by following the same process as those entities that have been allocated funds in this notice. See Table C: FTA Regional Office Contact Information. Table C--FTA Regional Office Contact Information ------------------------------------------------------------------------ States served Contact information ------------------------------------------------------------------------ Florida, Georgia, Puerto Rico, FTA Region 4 Office, 230 Peachtree South Carolina, United States NW, Suite 1400, Atlanta, Georgia Virgin Islands. 30303, Telephone: (404) 865-5600. Louisiana, Texas................... FTA Region 6 Office, Fritz Lantham Federal Building, 819 Taylor Street, Room 14A02, Fort Worth, Texas 76102, Telephone: (817) 978- 0550. ------------------------------------------------------------------------ FTA will host a webinar for FTA recipients interested in applying for FTA Emergency Relief funds on a date to be determined. The webinar will be announced on FTA's website and through an email announcement to those who have signed up at https://public.govdelivery.com/accounts/USDOTFTA/subscriber/new to receive email updates from FTA regarding the Emergency Relief Program. 2. Resilience Allocation Methodology FTA is allocating an additional $44.2 million in Emergency Relief Program funding for projects intended to increase the resilience of public transportation systems (resilience projects) in the major disaster declaration areas of Hurricanes Harvey, Irma, and Maria to States and Territories that sustained at least $1 million in transit asset damage across all reporting transit providers within the State or Territory based on the validated preliminary damage assessments. States and Territories that met the $1 million threshold are Florida, Puerto Rico, Texas, and the United States Virgin Islands. The amount of this allocation has been determined by first allocating $5 million in Emergency Relief funds for resilience projects to each of these States and Territories, plus an additional $24.2 million allocated proportionally by ratio of total damage claimed in the validated preliminary damage assessments for each State or Territory to the total damage claimed in the validated preliminary damage assessments for all four States and Territories combined. States and Territories are responsible for allocating funds to eligible resilience projects within the disaster area. Table D--Allocations for Resilience ---------------------------------------------------------------------------------------------------------------- State or territory Recipient Discretionary funding ID Allocation ---------------------------------------------------------------------------------------------------------------- FL.................... Florida Department of Transportation.. D2018-EMER-053 $ 6,619,000 PR.................... Puerto Rico Highways and D2018-EMER-054 25,721,000 Transportation Authority. TX.................... Texas Department of Transportation.... D2018-EMER-055 6,713,000 VI.................... Virgin Islands Department of Public D2018-EMER-056 5,164,000 Works. --------------- Total............. ...................................... ................................ 44,217,000 ---------------------------------------------------------------------------------------------------------------- C. Matching Share FTA Emergency Relief funds are eligible for Federal share as follows:100 percent Federal share for emergency operations, emergency protective measures, and emergency repair costs incurred for up to 270 days from the date of the major disaster declaration; 90 percent Federal share for permanent repairs which include recovery and rebuilding as well as emergency operations, emergency protective measures, and emergency repair costs incurred after 270 days from the date of the declared disaster; and 80 percent Federal share for resilience projects. For recipients in locations for which major disaster declarations were issued for both Hurricanes Irma and Maria, the calculation for the day on which 100 percent Federal share expires will be made from the date of the major disaster declaration for which the eligible expense was incurred. Please see Table E below for calculations of 270 days from the date of major disaster declarations. Table E--270 Days From Declaration Date ------------------------------------------------------------------------ Date of major 270 days from State/territory (storm) disaster declaration declaration date ------------------------------------------------------------------------ Texas (Harvey).......................... 8/25/2017 5/22/2018 U.S. Virgin Islands (Irma).............. 9/7/2017 6/4/2018 Florida (Irma).......................... 9/10/2017 6/7/2018 Puerto Rico (Irma)...................... 9/10/2017 6/7/2018 Georgia (Irma).......................... 9/15/2017 6/12/2018 U.S. Virgin Islands (Maria)............. 9/20/2017 6/17/2018 Puerto Rico (Maria)..................... 9/20/2017 6/17/2018 Louisiana (Harvey)...................... 10/16/2017 7/13/2018 [[Page 25107]] South Carolina (Irma)................... 10/16/2017 7/13/2018 ------------------------------------------------------------------------ D. Pre-award Authority Pre-award authority is described in the Emergency Relief Program final rule at 49 CFR 602.11. In considering the use of pre-award authority, recipients should be aware of the following: (i) Pre-award authority is not a legal or implied commitment that the subject project will be approved for FTA assistance or that FTA will obligate Federal funds. Furthermore, it is not a legal or implied commitment that all activities undertaken by the applicant will be eligible for inclusion in the project. (ii) Except as waived pursuant to the waiver process described in Section I.I of this notice, all FTA statutory, procedural, and contractual requirements must be met. (iii) The recipient must take no action that prejudices the legal and administrative findings that FTA must make in order to approve a project. (iv) The Federal amount of any future FTA assistance awarded to the recipient for the project will be determined on the basis of the overall scope of activities and the prevailing statutory provisions with respect to the Federal/non-Federal match ratio at the time the funds are obligated. (v) When FTA subsequently awards a grant for the project, the Federal Financial Report in TrAMS indicates the use of pre-award authority. 1. Response, Recovery, and Rebuilding Pre-award Authority FTA grants pre-award authority to affected recipients for response, recovery, and rebuilding expenses incurred as a result of Hurricanes Harvey, Irma, and Maria. Pre-award authority applies to expenses incurred in preparation for the arrival of the storms in response to forecasts specific to Hurricanes Harvey, Irma, and Maria. Pre-award authority allows affected recipients to incur certain project costs before grant approval and retain the eligibility of those costs for subsequent reimbursement after grant approval. If a recipient intends to use pre-award authority for recovery and rebuilding expenses, FTA recommends the recipient work with the appropriate FTA regional office (see Table C) to verify that all of the proposed costs are all eligible under the Emergency Relief Program, in advance of incurring any costs to the extent practicable. 2. Resilience Pre-award Authority Resilience projects may be granted pre-award authority after FTA reviews and approves a State or Territory's resilience projects, as discussed later in this notice. E. Resilience Program of Projects Resilience projects funded through the FTA Emergency Relief Program resilience allocations to Florida, Puerto Rico, Texas, and United States Virgin Islands must be submitted to FTA for review and approval in either a program of projects (POP) or individually prior to grant award. For the purposes of this notice, a POP is a list of resilience projects proposed by the State or Territory to be funded from the resilience allocations in this notice. If more than one recipient will apply for grants for projects in the POP, each grant application must include the portion of the POP that identifies the projects to be funded in the grant. The POP must include a description of each project to be funded from the State or Territory's allocation, including any suballocation among public transportation providers, total project costs, local share, and Federal share for each project. Eligibility for resilience funding also requires the applicable Metropolitan Planning Organization(s) (MPO) to list projects in the approved Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) for metropolitan areas or the approved STIP for nonmetropolitan areas. F. Waiver of Remaining Useful Life Requirement FTA is implementing a blanket waiver to relieve FTA recipients from its useful life requirement with respect to assets that were destroyed as a result of the storms and taken out of service before the end of their useful life. Such assets are presumed to have no remaining useful life. As a result of this waiver, recipients may apply for funds to replace assets at a 90% Federal share without regard to the Federal interest remaining in the destroyed asset. Although FTA has determined that Federally-funded assets destroyed by Hurricanes Harvey, Irma, and Maria have no remaining useful life, recipients may have a financial obligation to FTA for assets that have a fair market value (FMV) in excess of $5,000 at the time of disposition. For disposition requirements, please see FTA Circular 5010.1E, ``Award Management Requirements,'' Chapter IV, subsection 4. G. Treatment of Insurance Proceeds As described in the Emergency Relief Program Manual, and consistent with the Emergency Relief Program final rule and FTA's Circular 5010.1E: Award Management Requirements, if a recipient receives or allocates insurance proceeds to a cost for which FTA either allocated or awarded Emergency Relief Program funds, the recipient will be required to amend the grant to reflect a reduced Federal amount, and will be required to reimburse FTA for any FTA payments (drawdown of funds) in excess of the new Federal amount. FTA will deobligate any excess or unliquidated funds from the grant. FTA may subsequently reallocate these funds through the Emergency Relief Program for other eligible projects. In the event a recipient receives insurance proceeds for an asset and decides not to replace that asset, the waiver of useful life described in Section I.F does not apply, and the recipient must reimburse FTA the remaining Federal interest in that asset in accordance with FTA Circular 5010.1E. H. Eligible Sources of Local Match The non-Federal share of Emergency Relief grants may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. In addition, recipients may utilize the following provisions for complying with the non-Federal share requirement. The Community Development Block Grant (CDBG) statute at 42 U.S.C. 5305(a)(9) provides that ``payment of the non-Federal share required in connection with a Federal grant-in-aid program undertaken as part of activities assisted under [chapter 53 of title 42]'' is an eligible activity. Since the CDBG statute specifically is available to fund the ``non-Federal share'' of other Federal [[Page 25108]] grant programs, if the activity is eligible under the CDBG program, FTA will accept CDBG funds as local match. Recipients may also utilize Transportation Development Credits (TDCs), formerly known as Toll Revenue Credits, in place of the non- Federal share. The use of TDCs must be approved by the State, which must send a letter to the FTA regional office certifying the availability of sufficient TDCs and approving their use prior to submitting a grant application. Recipients are advised that the use of TDCs means that no local funds will be required for projects in the grant, and that the funds allocated by FTA may not alone be sufficient to fund the entirety of the proposed Emergency Relief projects. FTA will not allocate additional Federal funds to recipients that use TDCs in place of the non-Federal share, so sufficient alternative funds may need to be located to fully finance projects utilizing TDCs. FTA will not approve a retroactive application of TDCs. Recipients are advised to contact the applicable FTA regional office regarding any questions about eligible sources of local matching funds. I. Waiver Process Recipients may request waivers of FTA administrative requirements by submitting a request to www.regulations.gov, FTA docket number FTA- 2018-0001, as described in the Emergency Relief Program final rule at 49 CFR 602.15, however, recipients should not proceed with a project with the expectation that waivers will be provided. II. Award Administration A. Grant Application Once FTA allocates Emergency Relief funds to a recipient, the recipient will be required to submit a grant application electronically via FTA's TrAMS system. Prior to submitting a grant application for response, recovery, or rebuilding projects, recipients are encouraged to submit a proposed list of projects and expenses to FTA's regional office for review. This review will ensure that all proposed projects and costs are eligible under the Emergency Relief Program. States and FTA direct recipients not reporting Hurricane Harvey, Irma, and Maria related expenses of $25,000 or more were not given a direct allocation of Emergency Relief funds in this notice. However, such entities may apply for Emergency Relief funds for response, recovery, and rebuilding by following the same process as those entities that have been allocated funds in this notice. Each State or Territory allocated resilience funds, in consultation with the public transportation providers in the Hurricane Harvey, Irma, or Maria major disaster declaration areas in their State or Territory, must submit proposed resilience projects either individually or as part of a program of projects to FTA for review and approval prior to submitting a grant application or modification in TrAMS. States and Territories allocated resilience funding may apply for funding on behalf of public transportation providers in Hurricane Harvey, Irma, and Maria major disaster declaration areas in their State or Territory. Direct recipients of FTA funding may also apply directly to FTA for funding for resilience projects previously identified by the State or Territory and approved by FTA. FTA has assigned distinct project identification numbers for recovery/rebuilding projects and for resilience projects. Recipients should work with the FTA regional offices to determine when, if appropriate, multiple grant applications may be required. While there is nothing that precludes the obligation of funding allocated for resilience projects in the same grant as recovery and rebuilding projects, recipients will be required to track these costs separately and to include a separate scope for costs associated with resilience projects. This will allow FTA to track the obligation of funds for resilience costs. Recipients are required to maintain records, including but not limited to all invoices, contracts, time sheets, and other evidence of expenses to assist FTA in validating the eligibility and completeness of a recipient's reimbursement requests under the Improper Payment Information Act. Upon application, the eligible recipient should provide the information outlined in 49 CFR 602.17. For grant applications for reimbursement for emergency operations costs, applicants should include summary information as described in 49 CFR 602.17(c) (dates, hours, number of vehicles, and total fare revenues, if any, received for the emergency service), as well as cost and a description of services in sufficient detail for FTA to identify the costs as reasonable and eligible under the Emergency Relief Program. Back-up or supporting documentation may be requested upon FTA's review of the application or at a later date. Any costs determined to be ineligible after disbursement of funds must be refunded to FTA. B. Payment Upon award, payments to recipients will be made by electronic transfer to the recipient's financial institution through FTA's Electronic Clearing House Operation (ECHO) system. C. Grant Requirements Emergency Relief funds may only be used for eligible purposes as defined under 49 U.S.C. 5324 and as described in the Emergency Relief Program final rule (49 CFR part 602) and this notice. Recipients of section 5324 funds must comply with all applicable Federal requirements, including FTA's Master Agreement. Each grant for section 5324 funds will include special grant conditions, including but not limited to, application of insurance proceeds, application of any FEMA funds received, and Federal share. These special conditions will be incorporated into the grant agreement for all Hurricane Harvey, Irma, and Maria Emergency Relief funds. D. Reporting Requirements Post-award reporting requirements include submission of the Federal Financial Report and Milestone Progress Reports in TrAMS consistent with FTA's grants management Circular 5010.1E. E. Oversight and Audits FTA will provide oversight of grants funded through the Emergency Relief Program using its standard oversight programs, including Triennial Reviews and State Management Reviews. FTA may assign program level reviews such as Procurement System Reviews or Financial Management Oversight reviews. FTA will monitor the use of insurance proceeds to ensure they meet program requirements. FTA may undertake other reviews of projects, such as Technical Capacity and Capability Assessments; Risk Assessments; Cost, Schedule, and Scope Reviews; and other reviews FTA determines are necessary. Issued in Washington, DC, on May 23, 2018. K. Jane Williams, Acting Administrator. [FR Doc. 2018-11538 Filed 5-30-18; 8:45 am] BILLING CODE P
![25104 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices
DEPARTMENT OF TRANSPORTATION Table of Contents after an emergency or major disaster that
I. Considerations for Recipients of Emergency
affects public transportation systems. As
Federal Transit Administration Relief Funds such, public transportation agencies,
A. Background and Allocation of Funds States, Territories, local governmental
Allocation of Public Transportation B. Allocation Methodology authorities, Indian tribes, and other FTA
Emergency Relief Funds in Response C. Matching Share grant recipients that provide or fund
to Hurricanes Harvey, Irma, and Maria D. Pre-award Authority public transportation service in the
E. Resilience Program of Projects affected areas are eligible for Emergency
AGENCY: Federal Transit Administration
F. Waiver of Remaining Useful Life Relief funding under the program. Of
(FTA), DOT. Requirement
ACTION: Notice of Allocation of the $330 million appropriated, a total of
G. Treatment of Insurance Proceeds
Emergency Relief funds. H. Eligible Sources of Local Match
$2,475,000 is set aside for
I. Waiver Process administrative expenses and ongoing
SUMMARY: The Federal Transit II. Award Administration program management oversight
Administration (FTA) announces the A. Grant Application activities as authorized under the
allocation of $277.5 million under the B. Payment Bipartisan Budget Act.
Public Transportation Emergency Relief C. Grant Requirements From the remaining $327,525,000
Program (Emergency Relief Program) to D. Reporting Requirements currently available for allocation, FTA is
States, Territories, and public E. Oversight and Audits allocating $277,525,000 as follows:
transportation agencies affected by I. Considerations for Recipients of 1. $232,308,000 for response,
Hurricanes Harvey, Irma, and Maria. Emergency Relief Funds recovery, and rebuilding for States,
Within the $277.5 million announced in Territories, and FTA direct recipients
this notice, FTA is allocating $233.3 A. Background and Allocation of Funds with estimated FTA Emergency Relief
million for response, recovery, and Beginning in August 2017, President costs, including costs of subrecipients,
rebuilding projects and $44.2 million for Trump issued major disaster eligible for reimbursement of more than
project elements or stand-alone projects declarations associated with Hurricanes $25,000
that increase the resilience of the Harvey, Irma, and Maria for the 2. $44,217,000 for resilience projects
affected transit systems to future following States and Territories: Florida, in Florida, Puerto Rico, Texas, and the
disasters. Such resilience investments Georgia, Louisiana, Puerto Rico, South United States Virgin Islands
shall be subject to specific conditions Carolina, Texas, and the United States 3. $1 million for response, recovery,
cited in this notice. Virgin Islands. Numerous counties and and rebuilding for States, FTA direct
FOR FURTHER INFORMATION CONTACT: parishes in these States and Territories recipients, and their subrecipients
Contact the appropriate FTA regional have been designated as eligible for without a direct allocation of funds
office found at http:// assistance under the major disaster FTA is reserving $50 million for latent
www.transit.dot.gov for application- declarations. damages, damages not assessed in
specific information and other The Bipartisan Budget Act of 2018 smaller areas, cost increases, and
assistance needed in preparing a Transit (Pub. L. 115–123) appropriated $330 additional Emergency Relief needs that
Award Management System (TrAMS) million for FTA’s Emergency Relief exceed the amounts made available in
grant application. For program-specific Program (49 U.S.C. 5324, Catalog of this notice. FTA may update allocations
questions, please contact John Bodnar, Federal Domestic Assistance #20.527) without further notice based on revised
Office of Program Management, 1200 for transit systems affected by validated damage assessments.
New Jersey Ave. SE, Washington, DC Hurricanes Harvey, Irma, and Maria. Recipients are strongly encouraged to
20590, phone: (202) 366–9091, or email, FTA is allocating funds consistent with review FTA’s Emergency Relief Manual,
John.Bodnar@dot.gov. For legal the requirements of the final rule for the found at https://www.transit.dot.gov/
questions, contact Bonnie Graves, Office Emergency Relief Program, 49 CFR part funding/grant-programs/emergency-
of Chief Counsel, 90 Seventh St., Ste 602, published in the Federal Register relief-program/emergency-relief-
15–300, San Francisco, CA 94103, on October 7, 2014. FTA’s Emergency manual-reference-manual-states to
phone: (202) 366–0944, or email, Relief Program provides FTA with assist in the identification of potentially
Bonnie.Graves@dot.gov. primary responsibility for reimbursing eligible projects and emergency
SUPPLEMENTARY INFORMATION: emergency response and recovery costs expenses.
TABLE A—ALLOCATION SUMMARY
Direct Allocations for Response, Recovery, and Rebuilding .............................................................................................................. $ 232,308,000
Allocation for States and Direct Recipients Without a Direct Allocation ............................................................................................. 1,000,000
Resilience Allocations .......................................................................................................................................................................... 44,217,000
Unallocated [Reserved for Latent Damages, Damages Not Assessed in Smaller Areas, Cost Increases, and Additional Emer-
gency Relief needs that Exceed the Amounts Made Available in this Notice] ............................................................................... 50,000,000
Reserved for Administrative Expenses and Program Management Oversight .................................................................................. 2,475,000
Total Appropriation ....................................................................................................................................................................... 330,000,000
amozie on DSK3GDR082PROD with NOTICES1
B. Allocation Methodology rebuilding based on emergency staff. The total estimated cost for
operations costs and detailed damage emergency transit operations and
1. Response, Recovery, and Rebuilding
assessments submitted by affected damage to transit agency assets from
Allocation Methodology
agencies and prepared in cooperation Hurricanes Harvey, Irma, and Maria is
FTA is allocating funding in this with FTA and the Federal Emergency $254.1 million. Emergency operations
notice for response, recovery, and Management Administration (FEMA) costs, including evacuations and other
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![Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices 25107
TABLE E—270 DAYS FROM DECLARATION DATE—Continued
Date of major 270 days from
State/territory (storm) disaster declaration
declaration date
South Carolina (Irma) .............................................................................................................................................. 10/16/2017 7/13/2018
D. Pre-award Authority Program, in advance of incurring any Hurricanes Harvey, Irma, and Maria
Pre-award authority is described in costs to the extent practicable. have no remaining useful life, recipients
the Emergency Relief Program final rule may have a financial obligation to FTA
2. Resilience Pre-award Authority
at 49 CFR 602.11. In considering the use for assets that have a fair market value
of pre-award authority, recipients Resilience projects may be granted (FMV) in excess of $5,000 at the time of
should be aware of the following: pre-award authority after FTA reviews disposition. For disposition
(i) Pre-award authority is not a legal and approves a State or Territory’s requirements, please see FTA Circular
or implied commitment that the subject resilience projects, as discussed later in 5010.1E, ‘‘Award Management
project will be approved for FTA this notice. Requirements,’’ Chapter IV, subsection
assistance or that FTA will obligate E. Resilience Program of Projects 4.
Federal funds. Furthermore, it is not a G. Treatment of Insurance Proceeds
legal or implied commitment that all Resilience projects funded through
activities undertaken by the applicant the FTA Emergency Relief Program As described in the Emergency Relief
will be eligible for inclusion in the resilience allocations to Florida, Puerto Program Manual, and consistent with
project. Rico, Texas, and United States Virgin the Emergency Relief Program final rule
(ii) Except as waived pursuant to the Islands must be submitted to FTA for and FTA’s Circular 5010.1E: Award
waiver process described in Section I.I review and approval in either a program Management Requirements, if a
of this notice, all FTA statutory, of projects (POP) or individually prior to recipient receives or allocates insurance
procedural, and contractual grant award. For the purposes of this proceeds to a cost for which FTA either
requirements must be met. notice, a POP is a list of resilience allocated or awarded Emergency Relief
(iii) The recipient must take no action projects proposed by the State or Program funds, the recipient will be
that prejudices the legal and Territory to be funded from the required to amend the grant to reflect a
administrative findings that FTA must resilience allocations in this notice. If reduced Federal amount, and will be
make in order to approve a project. more than one recipient will apply for required to reimburse FTA for any FTA
(iv) The Federal amount of any future grants for projects in the POP, each payments (drawdown of funds) in
FTA assistance awarded to the recipient grant application must include the excess of the new Federal amount. FTA
for the project will be determined on the portion of the POP that identifies the will deobligate any excess or
basis of the overall scope of activities projects to be funded in the grant. The unliquidated funds from the grant. FTA
and the prevailing statutory provisions POP must include a description of each may subsequently reallocate these funds
with respect to the Federal/non-Federal project to be funded from the State or through the Emergency Relief Program
match ratio at the time the funds are Territory’s allocation, including any for other eligible projects.
obligated. suballocation among public In the event a recipient receives
(v) When FTA subsequently awards a transportation providers, total project insurance proceeds for an asset and
grant for the project, the Federal costs, local share, and Federal share for decides not to replace that asset, the
Financial Report in TrAMS indicates each project. Eligibility for resilience waiver of useful life described in
the use of pre-award authority. funding also requires the applicable Section I.F does not apply, and the
Metropolitan Planning Organization(s) recipient must reimburse FTA the
1. Response, Recovery, and Rebuilding (MPO) to list projects in the approved remaining Federal interest in that asset
Pre-award Authority Transportation Improvement Program in accordance with FTA Circular
FTA grants pre-award authority to (TIP) and Statewide Transportation 5010.1E.
affected recipients for response, Improvement Program (STIP) for
recovery, and rebuilding expenses H. Eligible Sources of Local Match
metropolitan areas or the approved STIP
incurred as a result of Hurricanes for nonmetropolitan areas. The non-Federal share of Emergency
Harvey, Irma, and Maria. Pre-award Relief grants may be provided from an
authority applies to expenses incurred F. Waiver of Remaining Useful Life undistributed cash surplus, a
in preparation for the arrival of the Requirement replacement or depreciation cash fund
storms in response to forecasts specific FTA is implementing a blanket waiver or reserve, or new capital. In addition,
to Hurricanes Harvey, Irma, and Maria. to relieve FTA recipients from its useful recipients may utilize the following
Pre-award authority allows affected life requirement with respect to assets provisions for complying with the non-
recipients to incur certain project costs that were destroyed as a result of the Federal share requirement.
before grant approval and retain the storms and taken out of service before The Community Development Block
eligibility of those costs for subsequent the end of their useful life. Such assets Grant (CDBG) statute at 42 U.S.C.
reimbursement after grant approval. are presumed to have no remaining 5305(a)(9) provides that ‘‘payment of the
amozie on DSK3GDR082PROD with NOTICES1
If a recipient intends to use pre-award useful life. As a result of this waiver, non-Federal share required in
authority for recovery and rebuilding recipients may apply for funds to connection with a Federal grant-in-aid
expenses, FTA recommends the replace assets at a 90% Federal share program undertaken as part of activities
recipient work with the appropriate without regard to the Federal interest assisted under [chapter 53 of title 42]’’
FTA regional office (see Table C) to remaining in the destroyed asset. is an eligible activity. Since the CDBG
verify that all of the proposed costs are Although FTA has determined that statute specifically is available to fund
all eligible under the Emergency Relief Federally-funded assets destroyed by the ‘‘non-Federal share’’ of other Federal
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![25108 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices
grant programs, if the activity is eligible the same process as those entities that disbursement of funds must be refunded
under the CDBG program, FTA will have been allocated funds in this notice. to FTA.
accept CDBG funds as local match. Each State or Territory allocated
Recipients may also utilize resilience funds, in consultation with B. Payment
Transportation Development Credits the public transportation providers in Upon award, payments to recipients
(TDCs), formerly known as Toll the Hurricane Harvey, Irma, or Maria
will be made by electronic transfer to
Revenue Credits, in place of the non- major disaster declaration areas in their
the recipient’s financial institution
Federal share. The use of TDCs must be State or Territory, must submit
approved by the State, which must send through FTA’s Electronic Clearing
proposed resilience projects either
a letter to the FTA regional office individually or as part of a program of House Operation (ECHO) system.
certifying the availability of sufficient projects to FTA for review and approval C. Grant Requirements
TDCs and approving their use prior to prior to submitting a grant application
submitting a grant application. or modification in TrAMS. States and Emergency Relief funds may only be
Recipients are advised that the use of Territories allocated resilience funding used for eligible purposes as defined
TDCs means that no local funds will be may apply for funding on behalf of under 49 U.S.C. 5324 and as described
required for projects in the grant, and public transportation providers in in the Emergency Relief Program final
that the funds allocated by FTA may not Hurricane Harvey, Irma, and Maria rule (49 CFR part 602) and this notice.
alone be sufficient to fund the entirety major disaster declaration areas in their
of the proposed Emergency Relief Recipients of section 5324 funds must
State or Territory. Direct recipients of
projects. FTA will not allocate comply with all applicable Federal
FTA funding may also apply directly to
additional Federal funds to recipients requirements, including FTA’s Master
FTA for funding for resilience projects
that use TDCs in place of the non- previously identified by the State or Agreement. Each grant for section 5324
Federal share, so sufficient alternative Territory and approved by FTA. funds will include special grant
funds may need to be located to fully FTA has assigned distinct project conditions, including but not limited to,
finance projects utilizing TDCs. FTA identification numbers for recovery/ application of insurance proceeds,
will not approve a retroactive rebuilding projects and for resilience application of any FEMA funds
application of TDCs. Recipients are projects. Recipients should work with received, and Federal share. These
advised to contact the applicable FTA the FTA regional offices to determine special conditions will be incorporated
regional office regarding any questions when, if appropriate, multiple grant into the grant agreement for all
about eligible sources of local matching applications may be required. While Hurricane Harvey, Irma, and Maria
funds. there is nothing that precludes the Emergency Relief funds.
I. Waiver Process obligation of funding allocated for
resilience projects in the same grant as D. Reporting Requirements
Recipients may request waivers of recovery and rebuilding projects,
FTA administrative requirements by Post-award reporting requirements
recipients will be required to track these include submission of the Federal
submitting a request to costs separately and to include a
www.regulations.gov, FTA docket Financial Report and Milestone Progress
separate scope for costs associated with
number FTA–2018–0001, as described Reports in TrAMS consistent with
resilience projects. This will allow FTA
in the Emergency Relief Program final FTA’s grants management Circular
to track the obligation of funds for
rule at 49 CFR 602.15, however, 5010.1E.
resilience costs.
recipients should not proceed with a Recipients are required to maintain E. Oversight and Audits
project with the expectation that records, including but not limited to all
waivers will be provided. invoices, contracts, time sheets, and FTA will provide oversight of grants
II. Award Administration other evidence of expenses to assist FTA funded through the Emergency Relief
in validating the eligibility and Program using its standard oversight
A. Grant Application completeness of a recipient’s programs, including Triennial Reviews
Once FTA allocates Emergency Relief reimbursement requests under the and State Management Reviews. FTA
funds to a recipient, the recipient will Improper Payment Information Act. may assign program level reviews such
be required to submit a grant Upon application, the eligible as Procurement System Reviews or
application electronically via FTA’s recipient should provide the Financial Management Oversight
TrAMS system. Prior to submitting a information outlined in 49 CFR 602.17. reviews. FTA will monitor the use of
grant application for response, recovery, For grant applications for insurance proceeds to ensure they meet
or rebuilding projects, recipients are reimbursement for emergency program requirements. FTA may
encouraged to submit a proposed list of operations costs, applicants should undertake other reviews of projects,
projects and expenses to FTA’s regional include summary information as such as Technical Capacity and
office for review. This review will described in 49 CFR 602.17(c) (dates, Capability Assessments; Risk
ensure that all proposed projects and hours, number of vehicles, and total fare
Assessments; Cost, Schedule, and Scope
costs are eligible under the Emergency revenues, if any, received for the
Reviews; and other reviews FTA
Relief Program. emergency service), as well as cost and
determines are necessary.
States and FTA direct recipients not a description of services in sufficient
amozie on DSK3GDR082PROD with NOTICES1
reporting Hurricane Harvey, Irma, and detail for FTA to identify the costs as Issued in Washington, DC, on May 23,
Maria related expenses of $25,000 or reasonable and eligible under the 2018.
more were not given a direct allocation Emergency Relief Program. Back-up or K. Jane Williams,
of Emergency Relief funds in this notice. supporting documentation may be Acting Administrator.
However, such entities may apply for requested upon FTA’s review of the [FR Doc. 2018–11538 Filed 5–30–18; 8:45 am]
Emergency Relief funds for response, application or at a later date. Any costs
BILLING CODE P
recovery, and rebuilding by following determined to be ineligible after
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Document Created: 2018-05-31 00:49:10
Document Modified: 2018-05-31 00:49:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Allocation of Emergency Relief funds. | |
| Contact | Contact the appropriate FTA regional office found at http://www.transit.dot.gov for application-specific information and other assistance needed in preparing a Transit Award Management System (TrAMS) grant application. For program-specific questions, please contact John Bodnar, Office of Program Management, 1200 New Jersey Ave. SE, Washington, DC 20590, phone: (202) 366-9091, or email, [email protected] For legal questions, contact Bonnie Graves, Office of Chief Counsel, 90 Seventh St., Ste 15-300, San Francisco, CA 94103, phone: (202) 366-0944, or email, [email protected] | |
| FR Citation | 83 FR 25104 |
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