Notice: Grants and Cooperative Agreements Availability, Etc.: Transit Assistance Programs&#8212 Certifications and Assurances Annual List

Tuesday,
November 7, 2006
Part V
Department of
Transportation
Federal Transit Administration
Fiscal Year 2007 Annual List of

Certifications and Assurances for Federal
Transit Administration Grants and
Cooperative Agreements; Notice
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65328 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices
DEPARTMENT OF TRANSPORTATION Region 6: Dallas/Ft. Worth document for publication in the Federal
States served: Arkansas, Louisiana, Register. FTA intends to continue
Federal Transit Administration publishing this document annually,
Oklahoma, Texas, and New Mexico,
Telephone # 817–978–0550 often in conjunction with its publication
Fiscal Year 2007 Annual List of of the FTA annual apportionment
Certifications and Assurances for Region 7: Kansas City notice, which sets forth the allocations
Federal Transit Administration Grants of funds made available by the latest
and Cooperative Agreements States served: Iowa, Kansas, Missouri,
and Nebraska, Telephone # 816–329– U.S. Department of Transportation (U.S.
AGENCY: Federal Transit Administration, 3920. DOT) annual appropriations act.
Effect of the Certifications and
DOT.
Region 8: Denver Assurances: In view of the many
ACTION: Notice. projects that will be implemented
States served: Colorado, Montana,
North Dakota, South Dakota, Utah, and substantially by a subrecipient of the
SUMMARY: Appendix A of this Notice
Wyoming, Telephone # 720–963–3300. Applicant, FTA cautions the
contains the Federal Transit
Application that, absent a written
Administration’s (FTA) comprehensive Region 9: San Francisco determination by FTA to the contrary,
compilation of the certifications and
States served: Arizona, California, the Applicant will be responsible for
assurances for Federal fiscal year 2007
Hawaii, Nevada, Guam, American compliance both by itself and by each
to be used in connection with all
Samoa, and the Northern Mariana of its subrecipients with all
Federal assistance programs that FTA
Islands, Telephone # 415–744–3133. certifications and assurances the
administers during Federal fiscal year
Applicant has selected that would
2007. FTA is required by 49 U.S.C. Region 10: Seattle involve the subrecipient or the
5323(n) to compile an annual list of subrecipient’s activities with respect to
certifications and assurances and States served: Alaska, Idaho, Oregon,
and Washington, Telephone # 206–220– the project. Thus, the Applicant itself is
publish them as required by 49 U.S.C. ultimately responsible for compliance
5536(d)(2). FTA’s annual certifications 7954.
with its certifications even though a
and assurances have been revised to SUPPLEMENTARY INFORMATION: Before
project may be carried out in whole or
accommodate statutory, regulatory, and FTA may award Federal financial
in part by one or more subrecipients.
programmatic changes not in effect. assistance through a Federal grant or Consequently, in providing
DATES: Effective Date: These cooperative agreement, the Applicant certifications and assurances that
certifications and assurances were must submit all certifications and involve the compliance of any
effective on October 1, 2006, the first assurances pertaining to itself and its prospective subrecipient, the Applicant
day of Federal fiscal year 2007. project as required by Federal laws and is strongly encouraged to take the
regulations. These certifications and appropriate measures, including but not
FOR FURTHER INFORMATION CONTACT: FTA
assurances must be submitted to FTA limited to, obtaining sufficient
staff in the appropriate Regional Office
irrespective of whether the project is documentation from each subrecipient
listed below. For copies of other related
financed under the authority of 49 to assure the validity of the
documents, see the FTA Web site at
U.S.C. chapter 53, or Title 23, United certifications and assurances the
http://www.fta.dot.gov or contact FTA’s
States Code, or another Federal statute. Applicant has made.
Office of Administration at (202) 366–
The Applicant’s annual certification Federal Fiscal Year 2007 Changes:
4022.
and assurances for Federal fiscal year Apart from minor editorial revisions,
Region 1: Boston 2007 cover all projects for which the significant changes to FTA’s
States served: Connecticut, Maine, Applicant seeks funding during Federal certifications and assurances for Federal
Massachusetts, New Hampshire, Rhode fiscal year 2007 through the next fiscal fiscal year 2007 are set forth below:
Island, and Vermont, Telephone # 617– year until FTA issues its annual (1) In the Introductory paragraphs
494–2055. certifications and assurances for Federal preceding the text of the certifications
fiscal year 2008. An Applicant’s annual and assurances, the FTA Web Site for
Region 2: New York certifications and assurances applicable the FTA Master Agreement for Federal
States served: New York, New Jersey, to a specific grant or cooperative fiscal year 2007 is http://
and the Virgin Islands, Telephone # agreement generally remain in effect for www.fta.dot.gov/documents/13-
212–668–2170. either the duration of the grant or Master.doc.
cooperative agreement to project (2) Subcategories 01.F(5)(e), (f), and
Region 3: Philadelphia closeout or the duration of the project or (g) have been amended to substitute
States served: Delaware, District of project property when a useful life or updated citations for the Drug Abuse
Columbia, Maryland, Pennsylvania, industry standard is in effect, whichever Office and Treatment Act of 1972, as
Virginia, and West Virginia, Telephone occurs later; except, if the Applicant amended, 21 U.S.C. 1101 et seq., the
# 215–656–7100. provides certifications and assurances Comprehensive Alcohol Abuse and
in a later year that differ from Alcoholism Prevention Act of 1970, as
Region 4: Atlanta certifications and assurances previously amended, 42 U.S.C. 4541 et seq., and
States served: Alabama, Florida, provided, the later certifications and the Public Health Service Act of 1912,
Georgia, Kentucky, Mississippi, North assurances will apply to the grant, as amended, 42 U.S.C. 201 et seq.
Carolina, Puerto Rico, South Carolina, cooperative agreement, project, or (3) In Category 06, a provision is
and Tennessee, Telephone # 404–562– project property, unless FTA permits added to alert the Applicant of changes
3500. otherwise. to the Pre-Award and Post-Delivery
Background: Since Federal fiscal year requirements for rolling stock set forth
Region 5: Chicago 1995, FTA has been consolidating the in section 3023(k) of SAFETEA–LU that
States served: Illinois, Indiana, various certifications and assurances have not as of October 1, 2006 been
Michigan, Minnesota, Ohio, and that may be required of its Applicants incorporated in FTA’s implementing
Wisconsin, Telephone # 312–353–2789. and their projects into a single regulations at 49 U.S.C. part 663.
Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices 65329
(4) In category 15, the following with Disabilities Pilot Program has been Appendix A, signifies the Applicant’s
changes have been made: added. intent to comply with and secure
(a) A Statement has been added (b) In Subcategory F, the subject compliance by its subrecipients, if any,
reminding each Applicant for Urbanized selection and planning certification with the provisions of the certifications
Area Formula Assistance that in requirements that were effective for the and assurances it has selected to the
addition to making its certification Elderly Individuals and Individuals extent they apply to a project for which
required by 49 U.S.C. 5307(d)(1)(J) that with Disabilities Pilot Program required the Applicant submits an application for
it will expend at least one (1) percent of by section 3012(b)(2) of SAFETEA–LU assistance in Federal Register fiscal year
its Urbanized Area Formula Program beginning in Federal fiscal year 2006 are 2007. FTA cautions, however, that
assistance for public transportation not applicable to the Elderly Individuals certifications and assurances required
security projects unless it has certified and Individuals with Disabilities by law and regulation do not address all
to FTA that such expenditures are not Program, as required by 49 U.S.C. Federal laws, regulations, or directives
necessary, the Applicant also will need 5310(d)(2)(B). with which an Applicant must comply
to disclose its decision in the ‘‘Security’’ (7) Category 18 has been amended to before FTA may award Federal financial
tab page of the TEAM–Web ‘‘Project clarify that certifications and assurances assistance. We therefore strongly
Information’’ window. for the Nonurbanized Area Formula encourage the Applicant to review the
(b) Subcategory K has been amended Program do not apply to an Indian tribe Federal authorizing legislation,
to permit a single Designated Recipient that is an Applicant for Tribal Transit regulations, and directives pertaining to
of Urbanized Area Formula assistance to Program assistance under 49 U.S.C. the program or programs for which the
indicate that an agreement has been 5311(c)(1), and that FTA has prepared Applicant seeks Federal assistance to
reached among some or all of the separate certifications and assurances determine the extent of all pre-award
Designated Recipients in a single for that program. laws, regulations, or directives
urbanized area of more than 200,000 (8) Category 19 has been amended to applicable to those programs.
population to certify that no less than 1 add a new certification requiring the Attorney’s Affirmation: FTA requires
percent of section 5307 funds chief executive officer of the state, or his a current (Federal fiscal year 2007)
apportioned by FTA to that urbanized or her designee to certify to the Federal affirmation, signed by the Applicant’s
area among those Designated Recipients Transit Administrator, apart from these attorney, of the Applicant’s legal
will be used for transit enhancements as annual certifications, that all of the authority to certify compliance with the
provided by 49 U.S.C. 5307(d)(1)(K)(i) objectives of 49 U.S.C. 5316 are being provisions of the certifications and
and to submit the report with the list of met in the area from which such assurances the Applicant has selected.
transit enhancement projects funding would be derived before using Irrespective of whether the Applicant
implemented by those Designated JARC funds to support projects in areas makes a single selection for all twenty-
Recipients as required by 49 U.S.C. other than those designated in 49 U.S.C. three (23) categories or selects
5307(d)(1)(K)(ii). Should it wish to do 5316. individual options from the twenty-
so, a single Designated Recipient, (9) In Subcategory 20.E, the project three (23) categories, the Affirmation of
however, may expend one (1) per cent selection and planning certification Applicant’s Attorney from a previous
of its section 5307 funds for transit requirements of 49 U.S.C. 5317(f)(3) year is not acceptable, unless FTA
enhancements and submit its own have been added. expressly determines otherwise in
report listing the transit enhancement Text of Federal Fiscal Year 2007 writing.
projects it has implemented in the last Certifications and Assurances: The text Deadline for Submission: All
fiscal year as required by 49 U.S.C. of the certifications and assurances in Applicants for FTA formula program or
5307(d)(1)(K)(ii). The Designated Appendix A of this Notice appears at capital investment program assistance,
Recipient generally sets forth this http://www.fta.dot.gov/documents/ and current FTA grantees with an active
information in its quarterly report for 2007-Certs-Appendix A.doc. It also project financed with FTA formula
the fourth quarter of the preceding appears in TEAM-Web in the program or capital investment program
Federal fiscal year; thus that quarterly ‘‘Recipients’’ option of the Cert’s & assistance, are expected to provide
report will be incorporated by reference Assurances tab of ‘‘View/Modify certifications and assurances for Federal
and made part of the Designated Recipients.’’ It is important that each fiscal year 2007 within 90 days from the
Recipient’s certifications and Applicant be familiar with all twenty- date of this publication or as soon as
assurances. A Designated Recipient that three (23) certification and assurance feasible after their first grant application
prepares a report on behalf of some or categories and their provisions, as they for funds authorized or made available
all other Designated Recipients in its may be a prerequisite for receiving FTA during Federal fiscal year 2007,
urbanized area will need to provide a financial assistance. Provisions of this whichever is earlier. In addition, FTA
copy of its report to the other Notice supersede conflicting statements encourages Applications seeking
Designated Recipients on whose behalf in any FTA circular containing a Federal financial assistance for other
the report is prepared. previous version of FTA’s annual projects to submit their certifications
(5) Category 16 has been amended to certifications and assurances. The and assurances as soon as possible.
add a certification at Subcategory J that certifications and assurances contained Preference for Electronic Submission:
vehicles financed under the Clean Fuels in those FTA circulars are merely Applicants registered in TEAM-Web
Grants Program will be operated using examples, and are not acceptable or must submit their certifications and
only clean fuels, and ‘‘clean diesel’’ valid for Federal fiscal year 2007; do not assurances, as well as their applications
buses financed under that program will rely on the provisions of certifications for Federal assistance in TEAM-Web.
be operated using only ultra-low sulfur and assurances appearing in FTA Only if an Applicant is unable to submit
diesel fuel. circulars. its certification and assurances in
(6) In Category 17, the following Significance of Certification and TEAM-Web should the Applicant use
changes have been made: Assurances: Selecting and submitting the Signature Page(s) in Appendix A of
(a) In Subcategory A, the United certifications and assurances to FTA, this Notice. While not mandatory, FTA
States Code note reference for the either through TEAM-Web or encourages an Applicant that does not
Elderly Individuals and Individuals submission of the Signature Page(s) of submit its certifications and assurances
electronically to scan a copy of its Applicant has selected. In certain signature in the Affirmation of
certifications and assurances document circumstances, the Applicant may enter Applicant’s Attorney section of the
and attach it in TEAM-Web. Likewise, if its PIN in lieu of its Attorney’s PIN, Signature Page(s), provided that the
the Applicant’s attorney has not provided that the Applicant has on file Applicant has on file the Affirmation of
submitted its affirmation in TEAM, FTA the Affirmation of Applicant’s Attorney Applicant’s Attorney in Appendix A of
encourages the Application to scan that in Appendix A of this Notice, written this Notice, written and signed by the
affirmation and attach it in TEAM-Web. and signed by the attorney and dated attorney and dated in this Federal fiscal
Procedures for Electronic Submission: this Federal fiscal year. For more year 2007, and has submitted a copy of
The TEAM-Web ‘‘Recipients’’ option at information, Applicants may contact the this affirmation to FTA. For more
the ‘‘Cert’s & Assurances’’ tab of ‘‘View/ appropriate Regional Office listed in information, Applicants may contact the
Modify Recipients’’ contains fields for this Notice or the TEAM-Web Helpdesk. appropriate Regional Office listed in
selecting among the twenty-three (23) Procedures for Paper Submission: If this Notice.
Categories of certifications and an Applicant is unable to submit its References. 49 U.S.C. chapter 53; the
assurances to be submitted. Within that certifications and assurances Safe, Accountable, Flexible, Efficient
tab is a field for the Applicant’s electronically, it must mark the Transportation Equity Act: A Legacy for
authorized representative to enter its certifications and assurances it is Users (SAFETEA–LU); Title 23, United
personal identification number (PIN), making on the Signature Page(s) in States Code (Highways); other Federal
which constitutes the Applicant’s Appendix A of this Notice and submit laws administered by FTA; U.S. DOT
electronic signature for the certifications it to FTA. The Applicant may signify and FTA regulations at Title 49, Code of
and assurances it has selected. In compliance with all Categories by Federal Regulations; and FTA Circulars.
addition, there is a field for the placing a single mark in the appropriate
Applicant’s attorney to enter his or her space or select the Categories applicable Dated: November 2, 2006.
PIN, affirming the Applicant’s legal to itself and its projects. In certain James S. Simpson,
authority to make and comply with the circumstances, the Applicant may enter Administrator.
certifications and assurances the its signature in lieu of its Attorney’s BILLING CODE 4910–57–M
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[FR Doc. 06–9103 Filed 11–6–06; 8:45 am]

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BILLING CODE 4910–57–C

Notice: Grants and Cooperative Agreements Availability, Etc.: Transit Assistance Programs&#8212 Certifications and Assurances Annual List

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Fiscal Year 2007 Annual List of

[FR Doc. 06–9103 Filed 11–6–06; 8:45 am]

BILLING CODE 4910–57–C

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