[Federal Register: September 12, 2005 (Volume 70, Number 175)]
[Notices]               
[Page 53867-53900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Part III





Department of Transportation





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Federal Transit Administration



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FTA Fiscal Year 2005 Apportionments, Allocations and Program 
Information; Notice of Supplemental Information, Changes, and 
Corrections; Notice


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

 
FTA Fiscal Year 2005 Apportionments, Allocations and Program 
Information; Notice of Supplemental Information, Changes, and 
Corrections

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: This notice makes the full amount of the FTA fiscal year (FY) 
2005 program apportionments or allocations available for obligation. In 
addition, it announces changes and corrections to the December 29, 
2004, ``FTA Fiscal Year 2005 Apportionments, Allocations and Program 
Information; Notice,'' based on language in the ``Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU), (Pub. L. 109-59); technical amendments for transit in the 
``Emergency Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Tsunami Relief, 2005'' (Pub. L. 109-13, hereafter called 
the 2005 Emergency Supplemental Appropriations Act); congressional 
clarifications; and FTA's administrative decision to extend the period 
of availability of FY 2005 Elderly and Persons with Disabilities 
Program (section 5310) funding.

FOR FURTHER INFORMATION CONTACT: The appropriate FTA Regional 
Administrator or Mary Martha Churchman, Director, Office of Resource 
Management and State Programs, (202) 366-2053.

I. Funds Available for Obligation

    SAFETEA-LU, signed into law by President Bush on August 10, 2005, 
reauthorizes transit and highway programs through September 30, 2009. 
The authorized transit programs are detailed in the Act as are program 
funding levels for FY 2005 through FY 2009.
    SAFETEA-LU authorizes FY 2005 transit program funding levels at the 
same levels specified in the Consolidated Appropriations Act, 2005 
(Pub. L. 108-447, December 8, 2005; hereafter called the 2005 
Appropriations Act) as adjusted in the 2005 Emergency Supplemental 
Appropriations Act for the New Starts program. The program funding 
tables published in the December 29, 2004, Notice reflect the FY 2005 
appropriated funding level for each program. The amount shown in the 
``Apportionment'' or ``Allocation'' column of a table is the full 
amount now available for obligation by grantees, with the exception 
that amounts in some tables have been revised by FTA. The revised 
tables are included in this document and supersede those contained in 
the December 29, 2004, Notice.
    The amount shown in the ``Apportionment'' or ``Allocation'' column 
includes both trust funds (contract authority) and general funds, and 
reflects the total dollar amount of obligation limitation and 
appropriations in the 2005 Appropriations Act. The authorized amounts 
for FY 2005 in SAFETEA-LU reflect the 0.80 percent rescission, which 
was applied proportionately to the discretionary budget authority and 
obligation limitation, and to each program, project and activity.
    This document is posted on the FTA Web site at http://www.fta.dot.gov/25_ENG_HTML.htm.
 It is also available by calling the 

regional office. Each regional office will also distribute this notice 
by e-mail to its mailing list.

II. Changes and Corrections

    The information in the following paragraphs describes changes or 
corrections to the December 29, 2004, Notice. The changes are the 
result of compliance with overriding language in SAFETEA-LU or the 2005 
Emergency Supplemental Appropriations Act; execution of an FTA 
administrative decision to extend the availability of section 5310 
funds; implementation of changes for Bus and New Starts projects based 
on congressional correspondence on clarifications or technical 
corrections; Federal Highway Administration (FHWA) allotment of funds 
to FTA for certain projects identified in the conference report 
accompanying the 2005 Appropriations Act under section 117; and/or 
correction of errors identified by FTA.

A. Section 5309 Bus and Bus-Related Allocations (FY 2005 and Prior 
Years)

    In the Federal Register Notice published December 29, 2004, two FY 
2002 projects extended in the conference report were not included in 
Table 10 because the balances for these projects were included in 
amounts transferred to the New Starts program. In response to technical 
amendments included in the 2005 Emergency Supplemental Appropriations 
Act, these two projects have been added to the list of extended 
projects: WV, Morgantown Parking Facility and WY, Southern Teton Area 
Rapid Transit bus facility. In addition to these two projects, FTA is 
now able to honor intentions to extend lapsing earmarks expressed by 
Congress in either the House or Senate Committee Reports accompanying 
the 2005 Appropriations Act, and to extend a project that was 
reprogrammed in the Senate report. These projects have been added to 
Table 10.
    Footnotes to the table describe the source of each action and the 
period of availability of reprogrammed projects. They also explain 
clarifications contained in letters to FTA from the House and Senate 
Appropriation Subcommittee Chairmen, and, where applicable, correction 
of a previously published balance.
    For additional details or questions on a specific project please 
contact the appropriate FTA regional office or Ryan Hammon at (202) 
366-2053.

B. Section 5309 New Starts Allocations (FY 2005 and Prior Years)

    Table 11 shows revised FY 2005 section 5309 New Starts Allocations. 
The revised amounts are due to language in section 6061 of the 2005 
Emergency Supplemental Appropriations Act, which reduced the amount 
allocated to eleven Full Funding Grant Agreement (FFGA) projects, which 
had been appropriated funds in excess of what was required to complete 
the FFGA. This technical amendment also corrected the amounts 
appropriated for the Northern New Jersey, Newark Elizabeth Rail Line 
MOS-1 and Northern New Jersey, Hudson-Bergen MOS-1 projects, which had 
been misnamed and switched in the original appropriation.
    The allocation amount has been revised for the following projects:
     Los Angeles, MOS 3 Metro Rail (North Hollywood).
     Fort Lauderdale, South Florida Commuter Rail Upgrades.
     New Orleans, Canal Street Streetcar Project.
     Washington, DC/Metropolitan Area, Largo Extension.
     Minneapolis, Hiawatha Light Rail Project.
     St. Louis, Metro Link St. Clair Extension.
     Northern New Jersey, Newark Elizabeth Rail Line MOS-1.
     Northern New Jersey, Hudson-Bergen MOS-1.
     Pittsburgh, Stage II Light Rail Transit Reconstruction.
     Salt Lake City, CBD to University LRT.
     Salt Lake City, Medical Center Extension.

The unallocated balance in Table 11 reflects the reduction in the 
amount of funds transferred to the FY 2005 New Starts program from 
prior year unobligated balances.

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    As promised in the December 29, 2004 Notice, a list of the prior 
year projects for which the balances were transferred to New Starts is 
provided as follows:
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    There was one change to the extended projects listed in Table 12--
Prior Year Unobligated Section 5309 New Starts Allocations. The 
unobligated amount for the Northeast Indianapolis, Indiana, Downtown 
Corridor Project was changed from $5,228,042 to $5,068,042 to reflect a 
previous obligation.

C. Fixed Guideway Modernization Adjustment

    Language in sections 3035 and 3041 of SAFETEA-LU provides for the 
inclusion of Morgantown, WV as an eligible urbanized area for fixed 
guideway modernization apportionments. The language further directs 
that the FY 2005 fixed guideway modernization apportionments be 
adjusted (or recalculated) with the Morgantown fixed guideway mileage 
included. The FY 2005 fixed guideway modernization apportionments and 
unit values for the formula factors (route miles and vehicle revenue 
miles) have been revised accordingly, and are displayed in Table 7 and 
Table 5, respectively.

D. Technical Correction to Section 198 of the 2005 Appropriations Act

    Section 198 of the 2005 Appropriations Act states, ``For the 
purpose of any applicable law, for fiscal years 2004 and 2005, the city 
of Norman, Oklahoma, shall be considered to be part of the Oklahoma 
City urbanized area.'' This provision has an unintended impact on the 
section 5307 apportionments for these urbanized areas, and also affects 
the apportionment of all urbanized areas with a population less than 1 
million. In anticipation of a legislative technical correction, FTA did 
not apply this provision when apportioning FY 2005 section 5307 funds 
in the December 29, 2004, Notice.
    Language in section 6063 of the 2005 Emergency Supplemental 
Appropriations Act amends section 198 to make clear that the provision 
is applicable to apportioning Federal-aid highway funds only. FTA 
apportionments are not affected.

E. Period of Availability for FY 2005 Section 5310 Extended

    The period of availability for funds appropriated for the Elderly 
and Persons with Disabilities Program (49 U.S.C. 5310) is 
administratively established at one fiscal year. The December 29, 2004, 
Notice of FTA FY 2005 Apportionments and Allocations noted that FY 2005 
funds allocated to the States under section 5310 must be obligated by 
September 30, 2005.
    Due to the delayed availability of the full year's apportionment of 
FY 2005 section 5310 funds and the limited period during which the 
funds may be obligated, FTA is extending the period of availability for 
FY 2005 section 5310 funds by six months to provide flexibility to 
States that may need additional time to obligate all the FY 2005 funds. 
With this six-month extension, FY 2005 funds apportioned to States 
under section 5310 must be obligated by March 31, 2006.

F. FHWA Allotment of Section 117 Funds to FTA

    Section 117 of the 2005 Appropriations Act references House Report 
108-792 list of projects identified in the conference report, a number 
of which are transit projects, that are designated to receive funding 
from FHWA funding sources. To date, FHWA has allotted funding to FTA to 
administer several of the projects that are transit in nature. The 
projects and

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allotted funding are shown in the table below.
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G. FTA Correction

    The following correction is noted to information in the December 
29, 2004, Notice.
     On page 78213, the heading on the table under paragraph I 
should read ``RTAP'' instead of ``EMSP:.''
     On page 78214-78215, under paragraph ``M. Over-the-Road 
Bus Accessibility Program,'' the amounts allocable to providers for 
intercity fixed-route service and to other providers of over the road 
services (as specified in second the pargraph under subsection heading 
``1. Total Allocation'') should read $5,208,000 and $1,686,400, 
respectively, instead of $5,239,744 and $1,654,666.

    Issued on: September 6, 2005.
Jennifer L. Dorn,
Administrator.
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[FR Doc. 05-18033 Filed 9-9-05; 8:45 am]

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