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Federal Register / Vol. 71, No.

199 / Monday, October 16, 2006 / Proposed Rules 60681

§ 613.3010 Financing for processing or (iv) The legal entity regularly 400 Seventh Street, SW., Washington,
marketing operations. processes or markets some portion of DC between 9 a.m. and 5 p.m., Monday
(a) Eligible borrowers. A borrower is the eligible borrower’s throughput. through Friday, except Federal holidays.
eligible for financing for a processing or * * * * * Instructions: All submissions must
marketing operation under titles I and II include the agency name (Federal
Dated: October 11, 2006.
of the Act only if the borrower: Transit Administration) and Docket
Roland E. Smith, number (FTA–2006–24708) or
(1) Is a bona fide farmer, rancher, or Secretary, Farm Credit Administration Board. Regulatory Identification Number (RIN)
producer or harvester of aquatic [FR Doc. E6–17170 Filed 10–13–06; 8:45 am] (2132–AA91) for this notice. Note that
products who regularly produces some
BILLING CODE 6705–01–P all comments received will be posted,
portion of the throughput used in the
without change, to
processing or marketing operation; or
including any personal identifying
(2) Is a legal entity not eligible under DEPARTMENT OF TRANSPORTATION information. You may review DOT’s
paragraph (a)(1) of this section in which complete Privacy Act Statement in the
eligible borrowers under § 613.3000(b) Federal Transit Administration Federal Register notice published on
own more than 50 percent of the voting April 11, 2000 (65 FR 19477) or you
stock or equity and regularly produce 49 CFR Part 624 may visit
some portion of the throughput used in
the processing or marketing operation;
program issues, Kimberly Sledge, Office
or RIN 2132–AA91 of Program Management, (202) 366–
(3) Is a legal entity not eligible under 2053 (telephone); (202) 366–7951 (fax);
paragraph (a)(1) of this section in which Clean Fuels Grant Program
or (e-mail).
eligible borrowers under § 613.3000(b) AGENCY: Federal Transit Administration For legal issues, Scheryl Portee, Office
own 50 percent or less of the voting (FTA), DOT. of the Chief Counsel, (202) 366–4011
stock or equity, regularly produce some (telephone); (202) 366–3809 (fax); or
ACTION: Notice of proposed rulemaking.
portion of the throughput used in the (e-mail).
processing or marketing operation and: SUMMARY: Section 3010 of the Safe, SUPPLEMENTARY INFORMATION:
(i) Exercise majority voting control Accountable, Flexible, Efficient
over the legal entity; or Transportation Equity Act: A Legacy for I. Background
(ii) Exercise control over management Users (SAFETEA–LU), amended section Section 3008 of the Transportation
of the legal entity, such as constituting 5308 of title 49 United States Code, Equity Act for the 21st Century (TEA–
a majority of the directors of a commonly referred to as the Clean Fuels 21), Pub. L. 105–178, June 9, 1998,
corporation, general partners of a Grant Program. SAFETEA–LU changes established the Clean Fuels Formula
limited partnership, or managing the program from a formula-based to a Grant Program (the program) with a two-
members of a limited liability company; discretionary grant program. The fold purpose. First, the program was
or Federal Transit Administration (FTA) developed to assist nonattainment and
(iii) Exercise the documented power proposes to amend its clean fuels grant maintenance areas in achieving or
and authority to directly determine and program regulations to comport with the maintaining the National Ambient Air
implement the policies, business provisions of SAFETEA–LU. Quality Standards for ozone and carbon
practices, management, and decision- DATES: Comments must be received on monoxide (CO). Second, the program
making process of the legal entity; or or before December 15, 2006. Late filed supported emerging clean fuel and
comments will be considered to the advanced propulsion technologies for
(4) Is a legal entity not eligible under
extent practicable. transit buses and markets for those
paragraph (a)(1) of this section in which
ADDRESSES: Written comments: Submit technologies.
eligible borrowers under § 613.3000(b)
written comments to the Docket We promulgated the formula program
own at least 25 percent of the voting
Management System, U.S. Department as a final rule at 49 CFR part 624. (See
stock or equity and supply 20 percent or
of Transportation, Room PL–401, 400 67 FR 40100, June 11, 2002 and 67 FR
more of the throughput used in the
Seventh Street, SW., Washington, DC 41579, June 18, 2002). From its
processing or marketing operation; or
20590–0001. You may submit comments inception the program was authorized
(5) Is a legal entity not eligible under as a formula program. However,
paragraph (a)(1) of this section that is a identified by the docket number (FTA–
2006–24708) by any of the following Congress did not fund the program.
direct extension or outgrowth of an
eligible borrower’s operation. To obtain methods: II. Overview and General Discussion of
financing for a legal entity under this • Federal eRulemaking Portal: http:// the Proposed Rule
paragraph, the eligible borrower must Follow the online
instructions for submitting comments. A. Why is FTA amending the Clean
establish that: Fuels Grant Program?
• Web Site:
(i) The legal entity was created and Follow the instructions for submitting Section 3010 of SAFETEA–LU, Pub.
operates with the eligible borrower’s comments on the DOT electronic docket L. 109–59, 119 Stat. 1144, 1572 (2005),
active support and involvement, site. changed the grant program from a
(ii) The legal entity fulfills a business • Mail: Docket Management System: formula-based to a discretionary grant
need and supports the operation of the U.S. Department of Transportation, 400 program; however, the program retains
eligible borrower through product Seventh Street, SW., Nassif Building, its two-fold purpose as noted above. We
branding or other value-added business
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Room PL–401, Washington, DC 20590– propose to revise 49 CFR part 624 to

activity directly related to the 0001. reflect the amendments made by
operations of the eligible borrower, • Fax: 1–202–493–2478. SAFETEA–LU.
(iii) The legal entity and the eligible • Hand Delivery: To the Docket With TEA–21, Congress authorized
borrower coordinate to operate in a Management System, Room PL–401 on funding levels for the program at $100
functionally integrated manner, and the plaza level of the Nassif Building, million. Although funding was

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60682 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Proposed Rules

authorized, appropriation bills for fiscal maintenance area is a previously diesel buses’’ for each fiscal year to not
years 1999 through 2005 directed FTA designated nonattainment area that has more than 25 percent of funds allocated
to transfer and merge all allocated been redesignated to attainment status by 49 U.S.C. 5338(b)(2)(C). On January
funding for the program to the bus and by the U.S. Environmental Protection 18, 2001, EPA published a final rule
bus facilities categories of the Capital Agency (EPA). establishing a comprehensive national
Investment Grants and Loans Program control program to regulate heavy-duty
Eligible Activities
(49 U.S.C. 5309), which funds the vehicles and its fuel as a single system.
replacement, rehabilitation, and 2. We propose to amend section 624.3 As part of this program, new emission
purchase of buses and related by amending paragraph (a) and standards will start to take effect in
equipment and the construction of bus- removing paragraphs (c)(4) and (c)(5) to model year 2007, and will apply to
related facilities. exclude repowering and retrofitting of heavy-duty highway engines and
In fiscal year 2006, however, Congress pre-1993 buses as eligible activities. vehicles. These standards are based on
provided $17,607,150 to sixteen specific Both activities were specifically the use of high-efficiency catalytic
clean fuels projects and transferred the authorized as eligible projects under exhaust emission control devices or
remaining balance of funds to the bus TEA–21; however, SAFETEA–LU comparably effective advanced
and bus facilities program of 49 U.S.C. repealed those provisions. Accordingly, technologies. The EPA standards are
5309(b)(3). (See Department of we have determined that such activities codified at 40 CFR parts 69, 80, and 86.
Transportation Appropriations Act of should not be authorized under this (See 66 FR 5001 (Jan. 18, 2001)).
2006, Pub. L. 109–115, 119 Stat. 2396, program. In addition, we propose to Accordingly, FTA proposes to interpret
2417–2418 (2005)). amend paragraph (c) by renumbering ‘‘clean diesel’’ to mean diesel engines
To ensure that procedures are in place the current paragraph (c)(6) as a new certified to meet EPA’s heavy-duty
when funding is appropriated for the (c)(3), and adding new paragraphs (c)(4), engine emissions standards for model-
program, we propose to establish (5), and (6) to reflect SAFETEA–LU years 2007 and later.
criteria for the allocation of provisions applicable to eligible c. Paragraph (c)(6) proposes to amend
discretionary program funds in projects. section 624.3 to reflect that funds
accordance with SAFETEA–LU. a. We propose to amend paragraph (a) designated for eligible projects will
to reflect the provisions in 49 U.S.C. remain available for obligation for three
B. To what revisions of 49 CFR part 624 5323(i), which SAFETEA–LU amended fiscal years, which includes the year of
does FTA seek comments? to include facilities as well as vehicles. appropriation plus two additional fiscal
SAFETEA–LU has modified the Accordingly, the Federal share for years.
program by re-establishing it as a eligible projects will not exceed 90
discretionary grant program. You are percent of the net cost to comply with Application Process
requested to comment on our proposal or maintain compliance with the Clean 3. Since the program is now a
to implement the provisions of Air Act. discretionary grant program, the pre-
SAFETEA–LU by revising 49 CFR part Further, the Administrator is application included in Appendix A no
624 as follows: authorized to administratively longer applies. Accordingly, we propose
determine the net cost of such to remove Appendix A from part 624
Eligible Recipients equipment or facilities attributable to and revise § 624.5 to reflect that
1. SAFETEA–LU amended eligible compliance with the Clean Air Act. applications will be requested in a
recipients to now include smaller Therefore, for purposes of complying Federal Register notice each fiscal year
urbanized areas with populations of less with cross-cutting provisions of 49 that discretionary funds are
than 200,000. Accordingly, we propose U.S.C. 5307, which limit the Federal appropriated by Congress for the
to amend section 624.1 to reflect eligible share to 80 percent, we have program.
applicants as follows: (1) ‘‘designated administratively determined that the Additionally, since technological
recipients,’’ as that term is defined in 49 composite Federal share for vehicles innovations continue to evolve, we
U.S.C. 5307(a)(2); and (2) recipients in and vehicle related equipment shall be believe the criteria for selecting eligible
urbanized areas with populations of less 83 percent. For facilities, however, the projects should be flexible. Accordingly,
than 200,000. 90 percent share would apply to the we propose to revise section 624.5 to
A ‘‘designated recipient’’ must be an actual incremental costs of reflect general criteria for selection of
entity designated to receive Federal improvements for compliance with the eligible projects. More specific selection
urbanized formula funds per 49 U.S.C. Clean Air Act and recipients would be criteria may be published in the Federal
5307, in accordance with the applicable requested to provide supporting Register with a Notice of Funding
metropolitan and statewide documentation. Availability each fiscal year that
transportation planning processes, by We note that the President’s Budget discretionary funding is appropriated by
the chief executive officer of a State, for Fiscal Year 2007 proposed that FTA Congress for the program.
responsible local officials, and publicly grants awarded during fiscal years 2007
owned operators of public and 2008 should reflect 100 percent of Certifications
transportation. For an urbanized area the net capital costs of factory-installed 4. We propose to retain the current
with a population of less than 200,000, or retrofitted hybrid electric propulsion certification process noted in section
however, SAFETEA–LU requires the systems and any equipment related to 624.7. Each vehicle purchased with a
smaller urbanized area’s respective State such systems. This budget proposal also grant under this program will be
to act as the recipient. provides for administrative discretion to operated by the grantee using only clean
Further, all recipients must meet one determine costs attributable to such fuels. The certification would be
of the following criteria: (1) Be included with the Federal Register
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systems and related-equipment. If

designated as an ozone or CO Congress enacts the proposal, we will notice announcing our annual
nonattainment area as established by address the issue in the final rule. certifications and assurances. This is
section 107(d) of the Clean Air Act (42 b. Paragraph (c)(5) reflects the consistent with our policy of one-stop
U.S.C. 7407(d); or (2) be designated as congressionally mandated provision filing for all required certifications and
a maintenance area for ozone or CO. A limiting available funding for ‘‘clean assurances. Transit operators planning

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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Proposed Rules 60683

to apply for the Clean Fuels Grant the vehicle beyond the three-year period another agency; (3) materially alter the
Program would indicate compliance would continue to be voluntary. budgetary impact of entitlements,
with this certification when submitting Likewise, we continue to encourage grants, user fees, or loan programs or the
its annual certifications and assurances. transit agencies acquiring other types of rights and obligations of recipients
Additionally, grantees purchasing or alternative fuel buses (e.g., compressed thereof; or (4) raise novel legal or policy
leasing ‘‘clean diesel’’ buses would natural gas (CNG), liquefied natural gas issues arising out of legal mandates, the
certify that the buses would be operated (LNG), liquefied petroleum gas (LPG), President’s priorities, or the principles
using only ultra-low-sulfur diesel fuel. etc.) to voluntarily report similar set forth in the E.O.
information. However, recipients This proposed rule amends an
Statutory Cross-Cutting Requirements existing grant program and is not
acquiring clean diesel vehicles are not
5. Since the program is now a required to report the data requested expected to impose any new compliance
discretionary grant program, we propose under section 624.11 because we believe costs. Specifically, we propose
to amend section 624.9 by removing the that sufficient information about this amending the existing program from a
grant formula because it no longer technology has been compiled. formula program to a discretionary grant
applies. SAFETEA–LU requires that a We will request Office of Management program in accordance with section
grant under this program be subject to and Budget (OMB) approval to collect 3010 of SAFETEA–LU. We believe that
the applicable requirements of 49 U.S.C. information from recipients receiving the industry costs and benefits of the
5307. Accordingly, we propose to Federal financial assistance under the Clean Fuels Grant Program do not
amend section 624.9 by inserting the Clean Fuels program. We intend to warrant designating this a significant
applicable statutory provisions of 49 collect information such as vehicle rule under E.O. 12866 because it
U.S.C. 5307. Many of these miles traveled, fuel costs, vehicle fuel/ involves grant application procedures
requirements are contained in FTA energy consumption and oil and will not cost more than $120
Circular 9030.1C, which is available consumption, road calls or breakdowns million annually. Additionally, we
from the FTA Regional Office nearest resulting from clean fuel and advanced propose to provide administrative relief
you. The circular is also on the FTA propulsion technology systems, and in the reporting criteria by increasing
Web site at ( maintenance costs associated with these the reporting period from quarterly to
Further, all FTA grants provided systems. You are invited to comment on semiannually. For these reasons, we
under chapter 53 of title 49 of the our information collection proposal for have determined that this proposed rule
United States Code, are subject to evaluating the operating costs of clean is a nonsignificant regulatory action
applicable requirements of the FTA fuel and advanced propulsion under section 3(f) of E.O. 12866.
Master Agreement (MA), which is technology vehicles. We will use the Accordingly, it has not been reviewed
incorporated by reference in the grant data collected to provide more accurate by OMB.
agreement. Additional project information to transit agencies for future
management guidelines and Executive Order 13132
clean fuel and advanced propulsion
requirements may also be found in FTA vehicle acquisitions. This proposed rule has been analyzed
Circular 5010.1C. The circular and the in accordance with the principles and
MA are located on the FTA Web site at III. Regulatory Analyses and Notices criteria contained in E.O. 13132
( Statutory/Legal Authority for This (Federalism). This proposed rule does
Reporting Proposed Rulemaking not include any provisions that have
substantial direct effect on the States,
6. We support the development and This rule is authorized pursuant to the relationship between the national
deployment of clean fuel and advanced section 3010 of SAFETEA–LU, which government and the States, or the
propulsion technologies for transit amended section 5308 of Title 49, distribution of power and
buses. We remain interested in United States Code. We previously responsibilities among the various
collecting relevant information on the implemented section 5308, referred to levels of government. Therefore, the
operations and performance of these as the Clean Fuels Grant Program, as consultation and funding requirements
clean fuel technology buses to help part 624 of Title 49, Code of Federal of E.O. 13132 do not apply because this
assess the reliability, benefits, and costs Regulations. proposed rule only sets forth
of certain technologies compared to application procedures for an existing
Executive Order 12866
conventional vehicle technologies. formula grant program that has been
Accordingly, we propose to retain the Under Executive Order 12866, the statutorily amended to a discretionary
reporting requirements of § 624.11, Department of Transportation (DOT) grant program.
which require grantees receiving must examine whether this proposed
program funds for hybrid electric, rule is a ‘‘significant regulatory action.’’ Executive Order 13175
battery electric, and fuel cell vehicles to A significant regulatory action is subject This proposed rule has been analyzed
provide information to us on the to OMB review and the requirements of in accordance with the principles and
operations, performance, and the Executive Order (E.O.). E.O. 12866 criteria of E.O. 13175 (Consultation and
maintenance of those vehicles defines ‘‘significant regulatory action’’ Coordination with Indian Tribal
purchased or leased with program as one that is likely to result in a rule Governments). Because the proposal
funds. that may: (1) Have an annual effect on does not have tribal implications and
We have determined, however, that the economy of $120 million or more or does not impose direct compliance
semiannual instead of quarterly adversely affect in a material way the costs, the funding and consultation
reporting for the first three years of the economy, a sector of the economy, requirements of E.O. 13175 do not
useful life of the vehicle is sufficient for productivity, competition, jobs, the
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this objective; thus, we propose to environment, public health or safety, or
provide administrative relief by State, local, or tribal governments or Executive Order 13272 and the
amending the reporting requirements in communities; (2) create a serious Regulatory Flexibility Act
§ 624.11 from quarterly to semiannually. inconsistency or otherwise interfere The Regulatory Flexibility Act (5
Submission of data on the operation of with an action taken or planned by U.S.C. 601–612), requires each agency to

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60684 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Proposed Rules

analyze regulations and proposals to National Environmental Policy Act emissions technology buses that exhibit
assess their impact on small businesses The National Environmental Policy equivalent or superior emissions
and other small entities to determine Act of 1969, (42 U.S.C. 4321–4347 as reductions to existing clean fuel or
whether the rule or proposal will have amended), requires Federal agencies to hybrid electric technologies.
a significant economic impact on a consider the consequences of major (4) The Federal share for eligible
substantial number of small entities. federal actions and prepare a detailed activities undertaken for the purpose of
We evaluated the effects of this statement on actions significantly complying with or maintaining
proposed rule on small entities and affecting the quality of the human compliance with the Clean Air Act
determined that it will not have a environment. Since this proposed rule under this program shall be limited to
significant effect on a substantial promotes the use of clean fuels in 90 percent of the net (incremental) cost
number of small entities. This proposal vehicles used for public transportation, of the activity.
imposes no new costs because it merely (i) The Administrator may exercise
it potentially may have a positive
modifies the application procedures for discretion and determine the percentage
impact on the environment.
an existing grant program. of Federal share for eligible activities to
Alternatively, there are no significant
be less than 90 percent.
Paperwork Reduction Act environmental impacts associated with
(ii) An administrative determination
this proposed rule.
This proposed rule includes per this subsection will be published in
information collection requirements List of Subjects in 49 CFR Part 624 accordance with § 624.5(a).
subject to the Paperwork Reduction Act. (5) Funding for clean diesel buses
Grant Programs—Transportation,
OMB previously approved our shall be limited to not more than 25
Mass transportation, Reporting and
information collection request under the percent of the amount made available or
recordkeeping requirements.
Clean Fuels Formula Grant Program, allocated and appropriated each fiscal
For the reasons set forth in the year to carry out the program.
2132–0560. However, that approval preamble, FTA proposes to amend 49
expired on August 31, 2003, because (6) Any amount made available or
CFR part 624 as follows: appropriated for this section shall
funding was not allocated for the
program. remain available to an eligible activity
Now that Congress appropriated for two years after the fiscal year for
funding in fiscal year 2006, we will which the amount is made available or
submit a new information collection 1. The authority citation for part 624 appropriated. Any amount that remains
request to OMB. The affected public continues to read as follows: unobligated at the end of the three-year-
under this proposed rulemaking Authority: 49 U.S.C. 5308; 49 CFR 1.51. period shall be added to the amount
remains public transportation providers made available in the following fiscal
2. The heading to part 624 is revised year.
who apply for Federal funds under this to read as set forth above.
program. Our new information 5. Revise § 624.5 to read as follows:
3. Revise § 624.1 to read as follows:
collection request will not include any § 624.5 Application process.
new reporting requirements. In fact, if § 624.1 Eligible applicant. (a) FTA shall publish a Notice of
the proposals contained in this NPRM (a) An eligible applicant is: Funding Availability in the Federal
are adopted as final, recipients would (1) A designated recipient (designated Register each fiscal year that funds are
experience a decrease in reporting recipient has the same meaning as in 49 appropriated and discretionary funding
because we intend to extend the U.S.C. 5307(a)(2)); or made available for the Clean Fuels
reporting period from quarterly to (2) A recipient for an urbanized area program. The notice shall provide the
semiannually. with a population of less than 200,000 criteria by which the eligible projects
We solicit comments on the proposed (smaller urbanized area). The State in will be evaluated for selection and the
reporting requirements. Comments which the smaller urbanized area is Administrator’s administrative
should address: whether the proposed located shall act as the recipient. determination of the net Federal share
collection of information is necessary (b) An eligible applicant, as defined in for projects funded under this part.
for the proper performance of the FTA paragraph (a) of this section, shall (b) The Administrator shall determine
grant process; ways to enhance the operate in an area that is either: the criteria for selecting proposed
quality, utility, and clarity of the (1) An ozone or carbon monoxide projects for funding, which may
information collected; and ways to nonattainment area as specified under include, but are not limited to the
minimize the burden of the collection of section 107(d) of the Clean Air Act (42 following factors:
information on the applicants, including U.S.C. 7407(d)); or (1) Whether the proposed project is a
the use of alternative collection (2) A maintenance area for ozone or transportation control measure in an
techniques (e.g., filing applications and carbon monoxide. approved State Implementation Plan;
reports via facsimile (fax), electronic 4. Amend § 624.3 by revising (2) The benefits of the proposed
mail or other forms of information paragraphs (a) and (c)(3) through (6) to project in reducing transportation-
technology). read as follows: related pollutants;
Unfunded Mandates Reform Act of 1995 (3) Consistency with the recipient’s
§ 624.3 Eligible activities.
fleet management plan;
This rule does not propose unfunded (a) Eligible activities include (4) The applicant’s ability to
mandates under the Unfunded purchasing or leasing clean fuel buses implement the project and facilities to
Mandates Reform Act of 1995. If the and constructing new or improving maintain and fuel the proposed
proposals are adopted into a final rule, existing public transportation facilities
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it will not result in costs of $100 million to accommodate clean fuel buses. (5) The applicant’s coordination of the
or more (adjusted for inflation), in the * * * * * proposed project with other public
aggregate, to any of the following: State, (3) At the discretion of the transportation entities or other related
local, or Native American tribal Administrator, projects relating to clean projects within the applicant’s
governments, or the private sector. fuel, biodiesel, hybrid electric, or zero Metropolitan Planning Organization or

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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Proposed Rules 60685

the geographic region within which the 49 U.S.C. 5307(d)(1)(C), it will maintain Individuals with Disabilities. The grant
proposed project will operate. (federally funded) facilities and applicant shall certify that it will
(6) The proposed project’s ability to equipment. In addition, the grantee comply with the requirements of 49
support emerging clean fuels shall keep equipment and facilities U.S.C. 5301(d) concerning the rights of
technologies or advanced technologies acquired with Federal assistance in elderly persons and persons with
for transit buses. good operating order, which includes disabilities.
6. Revise § 624.9 to read as follows: maintenance of rolling stock (revenue (j) FTA Master Agreement. The grant
and non-revenue), machinery and applicant shall comply with applicable
§ 624.9 Grant requirements. equipment, and facilities. provisions of the FTA Master
A grant under this section shall be (e) Rates Charged Elderly and Persons Agreement which is incorporated by
subject to the following requirements of with Disabilities during Nonpeak Hours. reference in the grant agreement.
49 U.S.C. 5307(d): In accordance with 49 U.S.C.
(a) General. All recipients shall 5307(d)(1)(D), the grant applicant shall 7. Amend § 624.11 by revising
maintain and report financial and certify that the rates charged the elderly paragraph (a) introductory text and (c)
operating information on an annual and persons with disabilities during to read as follows:
basis, as prescribed in 49 CFR part 630 nonpeak hours for fixed-route § 624.11 Reporting.
et seq., and the most recent National transportation using facilities and
Transit Database Reporting Manual. equipment financed with Federal (a) Recipients of financial assistance
(b) Labor Standards. As a condition of assistance from FTA will not exceed under 49 U.S.C. 5308 who purchase or
financial assistance under 49 U.S.C. one-half of the rates generally applicable lease hybrid electric, battery electric and
5308, the interests of employees affected to other persons at peak hours, whether fuel cell vehicles shall report
by the assistance shall be protected the operation is by the applicant or by semiannually the following information
under arrangements that the Secretary of another entity under lease or otherwise. to the appropriate FTA Regional Office
Labor concludes are fair and equitable. (f) Use of Competitive Procurements. for the first three years of the useful life
(c) Satisfactory Continuing Control. Pursuant to 49 U.S.C. 5307(d)(1)(E), the of the vehicle:
(1) An FTA grantee shall: grant applicant shall certify that it will * * * * *
(i) Maintain control over federally use competitive procurements and will (c) Recipients of financial assistance
funded property; not use procurements employing under 49 U.S.C. 5308 that purchase or
(ii) Ensure that it is used in transit exclusionary or discriminatory lease clean diesel vehicles are not
service; and specifications. required to report information beyond
(iii) Dispose of it in accordance with (g) Compliance with Buy America FTA grant reporting requirements for
Federal requirements. Provisions. The grant applicant shall capital projects.
(2) Under this paragraph (c), if the certify that in carrying out a
grantee leases federally funded property procurement authorized for this Appendix A to Part 624 [Removed]
to another party, the lease must provide program, the applicant will comply with 8. Remove Appendix A to part 624.
the grantee satisfactory continuing applicable Buy America laws.
control over the use of that property as (h) Certification that Local Funds Are Issued in Washington, DC, this 10th day of
determined in two areas: real property Available for the Project. The grant October, 2006.
(land) and facilities; and personal applicant shall certify that the local James S. Simpson,
property (equipment and rolling stock, funds are or will be available to carry Administrator, Federal Transit
both revenue and non-revenue). out the project. Administration.
(d) Maintenance. The grant applicant (i) Compliance with National Policy [FR Doc. E6–17071 Filed 10–13–06; 8:45 am]
shall certify annually that pursuant to Concerning Elderly Persons and BILLING CODE 4910–57–P
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