Nondiscrimination as it Applies to FTA Grant Programs

Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Notices
examination in 2012, his optometrist
noted, ‘‘In my opinion, Mr. Normington
has sufficient vision to perform the
driving tasks required to safely operate
a commercial vehicle.’’ Mr. Normington
reported that he has driven straight
trucks for 14 years, accumulating
280,000 miles, and tractor-trailer
combinations for 14 years, accumulating
140,000 miles. He holds a Class A CDL
from Wyoming. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Thomas L. Terrell
Mr. Terrell, 57, has had a chronic
retinal detachment in his left eye due to
a traumatic incident in 1984. The best
corrected visual acuity in his right eye
is 20/20, and in his left eye, no light
perception. Following an examination
in 2012, his ophthalmologist noted, ‘‘He
has sufficient vision in his right eye and
unless he has some future problem in
the right eye, he should have no
problems performing his duties of
operating a commercial vehicle.’’ Mr.
Terrell reported that he has driven
straight trucks for 39 years,
accumulating 78,000 miles, and tractortrailer combinations for 39 years,
accumulating 273,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.

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Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business March 15, 2013. Comments
will be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
Agency will file comments received
after the comment closing date in the
public docket, and will consider them to
the extent practicable.
In addition to late comments, FMCSA
will also continue to file, in the public
docket, relevant information that
becomes available after the comment
closing date. Interested persons should
monitor the public docket for new
material.
Issued on: February 4, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–03337 Filed 2–12–13; 8:45 am]
BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Federal Fiscal Year 2013 Annual List of
Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements
AGENCY:

Federal Transit Administration,

DOT.
ACTION:

Territories served: Puerto Rico and the
U.S. Virgin Islands
Telephone # 404–865–5600
Region 5: Chicago
States served: Illinois, Indiana,
Michigan, Minnesota, Ohio, and
Wisconsin; Telephone # 312–353–
2789
Region 6: Dallas/Ft. Worth

Notice of availability.

The Federal Transit
Administration (FTA) is directed to
publish annually a list of all
certifications required under 49 U.S.C.
Chapter 53. For Federal Fiscal Year
2013 (FY 2013), FTA consolidated and
updated the various pre-award
Certifications and Assurances required
to be submitted by an Applicant seeking
an award of Federal public
transportation assistance (funding)
during FY 2013. This notice announces
the availability of the FY 2013 Annual
List of Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements and the
FTA Master Agreement, both of which
are available at the FTA Web site, http://
www.fta.dot.gov. This notice also
highlights the changes made to FTA’s
Certifications and Assurances for FY
2013 that differ from previous
provisions and also provides
instructions on how and when to submit
Certifications and Assurances for FY
2013.
DATES: Effective Date: These FY 2013
Certifications and Assurances are
effective October 1, 2012, the first day
of Federal Fiscal Year (FY) 2013.
FOR FURTHER INFORMATION CONTACT: The
appropriate Regional or Metropolitan
Office listed in this Notice. For copies
of related documents and information,
see our Web site at http://
www.fta.dot.gov or contact our Office of
Administration at 202–366–4007.
SUMMARY:

Region 1: Boston
States served: Connecticut, Maine,
Massachusetts, New Hampshire,
Rhode Island, and Vermont;
Telephone # 617–494–2055
Region 2: New York
States served: New York, and New
Jersey; Telephone # 212–668–2170
Region 3: Philadelphia
States served: Delaware, Maryland,
Pennsylvania, Virginia, and West
Virginia; Telephone # 215–656–7100
Region 4: Atlanta
States served: Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee;

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States served: Arkansas, Louisiana, New
Mexico, Oklahoma, and Texas;
Telephone # 817–978–0550
Region 7: Kansas City
States served: Iowa, Kansas, Missouri,
and Nebraska; Telephone # 816–329–
3920
Region 8: Denver
States served: Colorado, Montana, North
Dakota, South Dakota, Utah, and
Wyoming; Telephone # 720–963–3300
Region 9: San Francisco
States served: Arizona, California,
Hawaii, Nevada,
Territories served: Guam, American
Samoa, and the Northern Mariana
Islands
Telephone # 415–744–3133
Region 10: Seattle
States served: Alaska, Idaho, Oregon,
and Washington; Telephone # 206–
220–7954
Chicago Metropolitan Office
Area served: Chicago Metropolitan Area;
Telephone #312–886–1616
Los Angeles Metropolitan Office
Area served: Los Angeles Metropolitan
Area; Telephone # 213–202–3950
Lower Manhattan Recovery Office
Area served: Lower Manhattan;
Telephone # 212–668–1770
New York Metropolitan Office
Area served: New York Metropolitan
Area; Telephone # 212–668–2201
Philadelphia Metropolitan Office
Area served: Philadelphia Metropolitan
Area; Telephone # 215–656–7070
Washington DC Metropolitan Office
Area served: Washington DC
Metropolitan Area; Telephone # 202–
219–3562/202–219–3565
SUPPLEMENTARY INFORMATION:
1. What are FTA’s responsibilities?
The second sentence of 49 U.S.C.
5323(n) states in pertinent part that
‘‘The Secretary [of Transportation] shall
publish annually a list of all
certifications required under this

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chapter [49 U.S.C. chapter 53] * * *.’’
Below is our list of certifications
required for our programs:
01. Required Certifications and
Assurances for Each Applicant.
02. Lobbying.
03. Private Sector Protections.
04. Procurement and Procurement
System.
05. Rolling Stock Reviews and Bus
Testing.
06. Demand Responsive Service.
07. Intelligent Transportation
Systems.
08. Interest and Finance Costs and
Leasing Costs.
09. Transit Asset Management and
Agency Safety Plans.
10. Alcohol and Controlled
Substances Testing.
11. Fixed Guideway Capital
Investment Program (New Starts, Small
Starts, and Core Capacity) and Capital
Investment Program in Effect before
MAP–21.
12. State of Good Repair Program.
13. Fixed Guideway Modernization
Grant Program.
14. Bus/Bus Facilities Programs.
15. Urbanized Area Formula Programs
and Job Access and Reverse Commute
(JARC) Program.
16. Seniors/Elderly/Individuals with
Disabilities Programs and New Freedom
Program.
17. Rural/Other Than Urbanized
Areas/Appalachian Development/Overthe-Road Bus Accessibility Programs.
18. Public Transportation on Indian
Reservations and ‘‘Tribal Transit
Programs’’.
19. Low or No Emission/Clean Fuels
Grant Programs.
20. Paul S Sarbanes Transit in Parks
Program.
21. State Safety Oversight Program.
22. Public Transportation Relief
Program.
23. Expedited Project Delivery Pilot
Program.
24. Infrastructure Finance Programs.
Since 1995, we have consolidated
Certifications and Assurances into a
single document for publication in the
Federal Register. To receive Federal
funding made available or appropriated
for the grant and cooperative agreement
programs we administer, your Applicant
must submit the annual Certifications
and Assurances required for the type of
funding your Applicant is seeking. We
are now publishing our FY 2013
Certifications and Assurances, after our
Federal Register publication of our
‘‘Notice of FTA Transit Program
Changes, Authorized Funding Levels
and Implementation of the Moving
Ahead for Progress in the 21st Century
Act (MAP–21) and FTA Fiscal Year

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2013 Apportionments, Allocations,
Program Information and Interim
Guidance,’’ 77 FR 63670, October 16,
2012 (FTA FY 2013 Apportionments
Notice).
In addition to reading the information
in this Notice and its Appendix A
(located at our Web site, http://
www.fta.dot.gov) we strongly advise
your Applicant’s certified or authorized
representative (you) to read the
information accompanying the
apportionment tables in the FTA FY
2013 Apportionments Notice,
particularly in light of the following
legislation signed into law during FY
2012:
a. The Moving Ahead for Progress in
the 21st Century Act (MAP–21) Pub. L.
112–141, July 6, 2012, which is FTA’s
most recent authorizing legislation, and
b. The Continuing Appropriations
Resolution, 2013 (CR), Pub. L. 112–175,
September 28, 2012, which provides
appropriations to FTA for October 1,
2012 through March 27, 2013.
2. What is Their Legal Effect?
a. With Certain Exceptions, the Latest
FTA Certifications and Assurances
Control. Certifications and Assurances
are pre-award representations typically
required by Federal law or regulation
that your Applicant must submit before
FTA may provide Federal funding for a
Project. Typically, FTA’s FY 2013
Certifications and Assurances have
superseded any FTA Certifications and
Assurances published in an earlier fiscal
year, except as FTA determines
otherwise in writing. Our annual
Certifications and Assurances also
supersede other Certifications and
Assurances that may have appeared as
illustrations in a discontinued FTA
circular. For this year, however, certain
Certifications and Assurances in effect
before MAP–21 became effective will
continue to apply to certain Projects and
Project activities. For this reason, our
Certifications and Assurances have
increased to accommodate requirements
for Programs funded by MAP–21 and
Programs funded in FY 2012 or a
previous fiscal year. Therefore, it is
critically important that you know the
fiscal year in which the funding
awarded for your Project was
appropriated.
After publication in the Federal
Register, your Applicant must submit
sufficient FY 2013 Certifications and
Assurances required by Federal law or
regulations before FTA may award
Federal funds to support your
Applicant’s Project.
b. Binding Commitment. An
Applicant typically acts through its
certified or authorized representative. In

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that case, your Applicant will be
required to comply with any
Certifications or Assurances you make
on its behalf irrespective of how long
you remain your Applicant’s authorized
representative. When you provide your
Applicant’s Certifications and
Assurances to FTA, both you and your
Applicant are agreeing to comply with
their terms. As a result, when
Certifications and Assurances that
would apply under MAP–21 differ from
Certifications and Assurances that
would apply in FY 2012 or a previous
fiscal year, we have included both types
in the single Group used to support the
funding your Applicant’s requests.
c. Length of Commitment. Your
Applicant’s FY 2013 Certifications and
Assurances remain in effect until its
Project is closed or the useful life of its
Project property has expired, whichever
is later. If your Applicant provides
different Certifications and Assurances
in a later fiscal year, the later
Certifications and Assurances generally
will apply to its Project, except as we
determine otherwise in writing.
d. Duration. You and your Applicant
may use the FY 2013 Certifications and
Assurances in Appendix A to support
applications for FTA funding until we
issue our FY 2014 Certifications and
Assurances.
e. Our FY 2013 Certifications and
Assurances are an Incomplete List of
Federal Requirements. We caution that
our FY 2013 Certifications and
Assurances focus mainly on those
representations your Applicant is
required to present to FTA before FTA
may award Federal funds for your
Applicant’s Project. Consequently, our
Certifications and Assurances do not
include many other Federal
requirements that will apply to your
Applicant and its Project.
f. Federal Requirements. In addition
to the information in this Notice and our
FTA FY 2013 Apportionments Notice,
we also strongly encourage you and
your Applicant’s staff and Third Party
Participants to review all Federal
legislation, regulations, and guidance
that apply to your Applicant and its
proposed Project. Our FY 2013 Master
Agreement identifies many of those
requirements and can be accessed at
http://www.fta.dot.gov.
g. Penalties for False or Fraudulent
Statements. If you or your Applicant
provides any false or fraudulent
statement to the Federal government,
you or your Applicant may incur both
Federal civil and criminal penalties.
See:
(1) The Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. 3801
et seq.,

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(2) U.S. Department of Transportation
(U.S. DOT) regulations, ‘‘Program Fraud
Civil Remedies,’’ 49 CFR part 31, and
(3) Section 5323(l)(1) of title 49,
U.S.C., which provides for Federal
criminal penalties and termination of
Federal funding should you or your
Applicant provide a false or fraudulent
certificate, submission, or statement in
connection with the Federal transit
program authorized by 49 U.S.C.
chapter 53.
3. What are your responsibilities?
a. Make Sure All Involved With Your
Applicant’s Project Understands the
Federal Requirements That Will Apply
to Your Applicant and Its Project.
Your Applicant will be responsible
for compliance with all Federal
requirements that apply to itself and its
Project. Nevertheless, people and
organizations participating in your
Applicant’s Project (Third Party
Participants) can seriously affect your
Applicant’s ability to comply with those
Federal requirements. Therefore, all
Third Party Participants involved in
your Applicant’s Project need to know
and agree to comply with the Federal
requirements that affect their Project
related activities.
b. Subrecipient and Other Third Party
Participation. Except in limited
circumstances when we have
determined otherwise, your Applicant is
ultimately responsible for compliance
with all Certifications and Assurances
that you select on its behalf even though
much of its Project will be carried out
by Subrecipients or other Third Party
Participants. Therefore, we strongly
recommend that you take appropriate
measures to ensure that the
Subrecipients and other Third Party
Participants in your Applicant’s Project
do not take actions that will cause your
Applicant to violate the representations
made in its Certifications and
Assurances.
c. Submit Your Applicant’s
Certifications and Assurances. You must
submit all Groups of the FY 2013
Certifications and Assurances that apply
to your Applicant and the Projects for
which it seeks FTA funding in FY 2013.
For your convenience, we recommend
that you submit all 24 Groups of
Certifications and Assurances. Those
provisions of the various Certifications
and Assurances that do not apply to
your Applicant or its Project will not be
enforced.
d. Obtain the Affirmation of Your
Applicant’s Attorney. You must obtain
an affirmation of your Applicant’s
Attorney, signed in FY 2013, stating that
your Applicant has sufficient authority
under its State and local law to certify

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its compliance with the FY 2013
Certifications and Assurances that you
have selected on its behalf. Your
Applicant’s Attorney must sign this
affirmation during FY 2013. An
Affirmation of your Applicant’s
Attorney dated in a previous fiscal year
is insufficient, unless FTA expressly
determines otherwise in writing.
e. When To Submit.
(1) If your Applicant is applying for
funding under any of the discretionary
capital programs (New Starts, Small
Starts, or Core Capacity Improvement),
we expect to receive your FY 2013
Certifications and Assurances within
ninety (90) days from the date of this
publication or soon after the submittal
of your Applicant’s request for FY 2013
funding. Likewise, if your Applicant is
a current FTA grantee with an active
project funded with FTA capital or
formula funds, we expect to receive
your FY 2013 Certifications and
Assurances within ninety (90) days from
the date of this publication or soon after
the submittal of your Applicant’s
request for FY 2013 funding.
(2) If your Applicant seeks funding
from an FTA program other than a
formula program or a discretionary
capital program, we expect to receive
your Applicant’s FY 2013 Certifications
and Assurances as soon as possible.
4. Where are FTA’s FY 2013
certifications and assurances?
a. Appendix A of this Notice, which
is available at our Web site, http://
www.fta.dot.gov, and
b. TEAM-Web, our electronic award
and management system, http://
ftateamweb.fta.dot.gov, at the ‘‘Cert’s &
Assurances’’ tab of the ‘‘View/Modify
Recipients’’ page in the ‘‘Recipients’’
option.
5. What changes have been made since
FY 2012?
a. Recent Federal Statutes. MAP–21
and the CR have required many changes
to FTA’s annual Certifications and
Assurances and the Projects to which
they apply. FTA’s FY2013 Certifications
and Assurances encompass those
necessary changes:
b. Application of Statutes. When FTA
issued its FY 2013 Certifications and
Assurances, the CR provided for
continuing projects or activities for
which funding was available in FY
2012, except as provided in section 154
of the CR. In section 154 of the CR,
Congress updated the appropriations
language for FTA’s formula programs
providing an obligation limitation and
liquidating authority to reflect changes
to FTA’s formula programs authorized
in MAP–21. Section 154 of the CR

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allows FTA to administer FY 2013
funds for formula grant programs
according to the terms and conditions
established under MAP–21. Funding
under the CR is not available for
programs that were repealed by MAP–
21. Except for the ‘‘MAP–21 crosscutting’’ requirements listed in
subsection 5.c below, the program and
eligibility requirements in effect in FY
2012 or a previous fiscal year apply to
the following Projects as of October 16,
2012, the date the FTA FY 2013
Apportionments Notice was published:
(1) Projects financed with funding
made available or appropriated in FY
2012 or a previous fiscal year, which
funding FTA has awarded before
October 1, 2012, when MAP–21 became
effective,
(2) Projects financed with funding
made available or appropriated for FY
2012 or a previous fiscal year, which
funding FTA awards or will award after
October 1, 2012, when MAP–21 became
effective.1
c. Notwithstanding the applicability
of program and eligibility requirements
in effect in FY 2012 or a previous fiscal
year for those Projects listed in the
preceding subsection 5.b above, FTA
has determined that the following
MAP–21 requirements apply to Projects
funded with appropriations for FY 2012
or a previous fiscal year. (FTA refers to
these requirements as ‘‘MAP–21 crosscutting’’ requirements.) As listed in the
FTA FY 2013 Apportionments Notice,
FTA has determined MAP–21 crosscutting requirements include, but are
not limited to:
(1) Metropolitan and Statewide
Planning,
(2) Environmental Review Process,
(3) Agency Safety Plans,
(4) Transit Asset Management
Provisions (and Asset Inventory and
Condition Reporting),
(5) Costs Incurred by Providers of
Public Transportation by Vanpool,
(6) Revenue Bonds as Local Match,
(7) Debt Service Reserve,
(8) Government’s Share of Cost of
Vehicles, Vehicle-Equipment, and
Facilities for ADA and Clean Air Act
Compliance,
(9) Private Sector Participation,
(10) Bus Testing,
(11) Buy America,
(12) Corridor Preservation,
(13) Rail Car Procurements,
(14) Veterans Preference/
Employment, and
(15) Alcohol and Controlled
Substance Testing.
1 FTA may provide unobligated funds made
available or appropriated for FY 2012 or a previous
fiscal year for new projects authorized under
provisions of law that MAP–21 has repealed.

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d. Preface. We amended the Preface to
identify the Web site for our FY 2013
Master Agreement, http://
www.fta.dot.gov.
e. Compliance with All Applicable
Requirements.
(1) In the past, we have cautioned
Applicants that their Subrecipients may
also be responsible for compliance with
certain Federal requirements that are
not identified in our annual
Certifications and Assurances. Now,
throughout this Notice and the FY 2013
Certifications and Assurances, we are
cautioning your Applicant that its other
Third Party Participants may also need
to comply with certain Federal
requirements, regardless of whether
those requirements are identified in our
annual Certifications and Assurances,
and
(2) Because TEAM-Web has the
capacity for only twenty-four (24)
Groups of Certifications and
Assurances, we have consolidated
related Certifications and Assurances,
both old and new, into a single group,
so that the total number of groups does
not exceed twenty-four (24). Should one
or more certifications or assurances
within a group not apply to your
Applicant or its Project, selecting the
entire group will not make those
inapplicable certifications or assurances
then applicable to your Applicant and
its Project. Provisions of any
Certification or Assurance that do not
apply to your Applicant or its Project
will not be enforced.
f. Group 01, Certification D,
‘‘Nondiscrimination,’’ and former
Certification E, ‘‘Assurance of
Nondiscrimination on the Basis of
Disability.’’
(1) For consistency with the MAP–21
amendment to 49 U.S.C. 5332 that
added disability to the list of prohibited
reasons for discrimination, we made the
following changes:
(a) We consolidated the former Group
01, Certification E, prohibiting
discrimination against individuals with
disabilities with the former Group 01,
Certification D, the
‘‘Nondiscrimination’’ certifications that
apply to various other prohibitions
against discrimination,
(b) We added ‘‘disability’’ as a
prohibited reason for discrimination in
Sections 1 and 1.a, and
(c) We substituted ‘‘religion for
‘‘creed,’’ in Sections 1 and 1.a,
(2) We added a reference to U.S. DOT
regulations, 49 CFR part 39, in Sections
1.f, and
(3) We added a new Section 2 to
obtain your Applicant’s agreement to
follow Federal guidance issued to
implement Federal nondiscrimination

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requirements, except as FTA determines
otherwise in writing.
g. Re-numbering. We re-numbered:
(1) Former Group 01, Certification F
as Group 01, Certification E, and
(2) Former Group 01, Assurance G, as
Group 01, Assurance F.
h. Re-numbered Group 01,
Certification F, ‘‘U.S. OMB Assurances
in SF–424B and SF–424D’’ [former
Group 01, Certification G]. We added a
reference to the new MAP–21
amendment to 49 U.S.C. 5323(b), which
expressly requires compliance with the
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of
1970, 42 U.S.C. 4601 et seq. among the
requirements that apply to FTA’s
Capital Projects funded by 49 U.S.C.
chapter 53.
i. New Group 03, ‘‘Private Sector
Protections,’’ [consolidating former
Group 04 ‘‘Protections for Private
Providers of Public Transportation,’’
former Group 09 ‘‘Charter Service
Agreement,’’ and former Group 10
‘‘School Transportation Agreement’’].
We established a new Group 03 focusing
on protections for private providers of
public transportation:
(1) The ‘‘Private Sector Property
Protections’’ of Group 03 include the
following:
(a) Private Sector Property
Protections, with no substantive
changes made,
(b) Charter Service Agreement, with
the following substantive changes:
(1) Consistent with the exception for
JARC activities authorized in FTA’s
Charter Service Regulations, 49 CFR
604.2, for repealed 49 U.S.C. 5316 in
effect in FY 2012 or a previous fiscal
year, the Federal Transit Administrator
has determined that FTA’s Charter
Service requirements are not
appropriate for the JARC activities that
will be funded under 49 U.S.C. 5307, as
amended by MAP–21,
(2) Consistent with the exception for
New Freedom activities authorized in
FTA’s Charter Service Regulations, 49
CFR 604.2, for repealed 49 U.S.C. 5317,
the Federal Transit Administrator has
determined that FTA’s Charter Service
requirements are not appropriate for the
New Freedom activities that will be
funded under 49 U.S.C. 5310, as
amended by MAP–21, and
(3) Use by intercity and charter
operators of FTA funded facilities as
specified in 49 U.S.C. 5323(r), as
amended by MAP–21, will not result in
a violation of FTA’s Charter Service
Regulations, and
(c) School Bus Agreement, with no
substantive changes made.
j. Re-numbered Group 04,
‘‘Procurement and Procurement

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System’’ [former Group 03,
‘‘Procurement Certification’’]. We
transferred former Group 03 to Group 04
without making any substantive
changes.
k. New Group 05 ‘‘Rolling Stock
Reviews and Bus Testing’’
[consolidating former Group 06,
‘‘Acquisition of Rolling Stock for Use in
Revenue Service,’’ and Group 08, ‘‘Bus
Testing’’]. We established a new Group
05 focusing certifications that certain
reviews and testing required for certain
rolling stock have or will be completed:
(1) The following Certifications are
included in the new Group 05:
(a) ‘‘Rolling Stock Reviews,’’ required
by 49 U.S.C. 5323(m), and
(b) ‘‘Bus Testing,’’ required by 49
U.S.C. 5318, as amended by MAP–21,
and
(2) MAP–21 Changes:
(a) MAP–21 did not make any
substantive changes to the ‘‘Rolling
Stock Reviews’’ certification, but
(b) MAP–21 did change the bus
testing requirements, which
requirements are now reflected in the
FY 2013 ‘‘Bus Testing’’ certification.
l. Former Group 05 ‘‘Public Hearing.’’
We deleted the former ‘‘Public Hearing’’
certification because MAP–21 amended
49 U.S.C. 5323(b) to repeal FTA’s
special statutory public hearing
requirements.
m. Re-numbered Group 06, ‘‘Demand
Responsive Service,’’ [former Group 11].
We transferred the ‘‘Demand Responsive
Service’’ certification from former
Group 11 to Group 06 without making
any substantive changes.
n. Re-numbered Group 07, ‘‘Intelligent
Transportation Systems,’’ [former Group
14]:
(1) We transferred the ‘‘Intelligent
Transportation Systems’’ assurance from
former Group 14 to Group 7, and
(2) We changed the assurance to add
the new citation to the Intelligent
Transportation System statutory
provisions now codified at 23 U.S.C.
517.
o. New Group 08, ‘‘Interest and
Financing Costs and Leasing Costs,’’
[consolidating former Group 13,
‘‘Interest and Other Financing Costs,’’
and former Group 07, ‘‘Acquisition of
Capital Assets by Lease’’].
(1) We established a new Group 08
focused on certifications involving
finance that includes the following
certifications:
(a) ‘‘Interest and Financing Costs,’’
and
(b) ‘‘Acquisition of Capital Assets by
Lease,’’
(2) In addition to transferring the
certifications identified above,
(a) Rather than include in the
‘‘Financing and Leasing Costs

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Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Notices
certification the several citations to
those requirements in 49 U.S.C. chapter
53 (both before and after MAP–21 was
signed into law), we have listed the
types of projects to which the ‘‘Interest
and Financing Costs’’ certifications
would apply, and
(b) We made no substantive changes
to the ‘‘Acquisition of Capital Assets
through a Lease’’ certification.
p. New Group 09, ‘‘Transit Asset
Management and Safety Plans.’’ We
established a new Group 09 focused on
plans MAP–21 requires:
(1) The ‘‘Transit Asset Management
Plan’’ certification of compliance with
the rule issued under 49 U.S.C. 5326(d),
as amended by MAP–21, are required by
49 U.S.C. 5337(a)(4), as amended by
MAP–21, and
(2) The ‘‘Public Transportation
Agency Safety Plan’’ certifications
required by 49 U.S.C. 5329(d), as
amended by MAP–21.
q. Re-numbered Group 10, ‘‘Alcohol
and Controlled Substances Testing,’’
[former Group 12, ‘‘Alcohol Misuse and
Prohibited Drug Use’’]. We transferred
former Group 12 to re-numbered Group
10 and revised its provisions to conform
to 49 U.S.C. 5331, as amended by MAP–
21. We added a provision that should
your Applicant reside in a State that
permits marijuana use for medical or
recreational purposes, your Applicant
must comply with Federal (not State)
controlled substance testing
requirements of 49 CFR part 655.
r. New Group 11, ‘‘Fixed Guideway
Capital Investment Program (New
Starts, Small Starts, and Core Capacity)
and Capital Investment Program in
Effect Before MAP–21.’’
(1) We established a new Group 11
focused on certifications for FTA’s new
Fixed Guideway Capital Investment
Program, consisting of only the New
Starts Program, the Small Starts
Program, and the Core Capacity
Program.
(a) Before MAP–21 became effective,
the Capital Investment Program under
former 49 U.S.C. 5309 consisted of the:
(i) New Fixed Capital Program,
(ii) Fixed Guideway Modernization
Grant Program, and
(iii) Buses and Bus Related Equipment
and Facilities Program,
(b) MAP–21:
(i) Repealed the former Fixed
Guideway Modernization Grant
Program, and
(ii) Established the new Bus and Bus
Facilities Formula Program in 49 U.S.C.
5339, as amended by MAP–21.
(c) Therefore, we have established
separate certifications for Fixed
Guideway Capital Investment Program,
encompassing the New Starts Program,

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the Small Starts Program, and the Core
Capacity Program) that remain in 49
U.S.C. 5309, as amended by MAP–21,
irrespective of whether those programs
are:
(i) Financed with funding that was
made available or appropriated for 49
U.S.C. 5309, as amended by MAP–21, or
(ii) Financed with funding that was
made available or appropriated for
former 49 U.S.C. 5309 in effect in FY
2012 or a previous fiscal year, and
(2) Your Applicant should provide the
certifications in Group 11 if it seeks
funding made available or appropriated
for:
(a) 49 U.S.C. 5309, as amended by
MAP–21, or
(b) Former 49 U.S.C. 5309 in effect in
FY2012 or a previous fiscal year.
s. New Group 12, ‘‘State of Good
Repair Program.’’ MAP–21 created a
new State of Good Repair Program. We
request each Applicant for State of Good
Repair funding to provide the ‘‘State of
Good Repair Program’’ certification in
new Group 12.
t. New Group 13, ‘‘Fixed Guideway
Modernization Grant Program.’’ MAP–
21 amended 49 U.S.C. 5309 without reauthorizing the Fixed Guideway Grant
Modernization Program. Because
unobligated funds remain for that
Program, we have included a ‘‘Fixed
Guideway Modernization Grant
Program’’ certification for Applicants
seeking those funds.
u. New Group 14, ‘‘Bus and Bus
Facilities Programs.’’
(1) MAP–21 amended former 49
U.S.C. 5309 by:
(a) Changing the Bus and Bus Related
Equipment and Facilities Program from
a discretionary program to a new
formula Bus and Bus Facilities Formula
program,
(b) Establishing the new program
under 49 U.S.C. 5339, and
(c) Repealing the Alternatives
Analysis Program under former 49
U.S.C. 5339 in effect in FY 2012 or a
previous fiscal year,
(2) Accordingly, we established a new
Group 14 with certifications for Bus and
Bus Facilities Projects depending on
whether the funding source for those
Projects is:
(a) The Bus and Bus Facilities
Formula Program under MAP–21, or
(b) The Bus and Bus Related
Equipment and Facilities Grant Program
(Discretionary),
(3) The ‘‘Bus and Bus Facilities
Formula Program’’ certification reflects
the provisions of MAP–21, while the
‘‘Bus and Bus Related Equipment and
Facilities Grant Program
(Discretionary)’’ certification, reflects
the provisions of FTA enabling

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legislation in effect in FY 2012 or a
previous fiscal year,
(4) Notwithstanding 49 U.S.C.
5339(b), as amended by MAP–21, which
makes 49 U.S.C. 5307 requirements
applicable to the new Bus and Bus
Facilities Formula Program, the Federal
Transit Administrator has determined
that:
(a) The certification required by 49
U.S.C. 5307(c)(1)(J), as amended by
MAP–21, to spend one (1) percent of the
funds made available for security
projects does not apply to the Bus and
Bus Facilities Formula Program because
the requirement applies only to the 49
U.S.C. 5307 urbanized area formula
apportionments, and
(b) The certification required by 49
U.S.C. 5307(c)(1)(K), as amended by
MAP–21, to spend one (1) percent of the
funds made available for associated
transit improvement projects does not
apply to the Bus and Bus Facilities
Formula Program because the
requirement applies only to the 49
U.S.C. 5307 urbanized area formula
apportionments, and
(5) Therefore, to assure that FTA can
award the type of funding most suitable
for your Applicant’s Project, your
Applicant should provide the
certifications in Group 14 if it seeks
funding made available or appropriated
for:
(a) 49 U.S.C. 5339, as amended by
MAP–21, or
(b) Former 49 U.S.C. 5309 in effect in
FY2012 or a previous fiscal year.
v. New Group 15, ‘‘Urbanized Area
Formula Grant Programs and Job Access
and Reverse Commute (JARC) Formula
Grant Program,’’ [consolidating former
Group 15, ‘‘Urbanized Area Formula
Program,’’ and Group 19, ‘‘Job Access
and Reverse Commute Program,’’ with
the new ‘‘Urbanized Area Formula
Program’’ authorized by MAP–21]:
(1) We established a new Group 15
focused on our public transportation
programs in urbanized areas, including
separate certifications for each of the
following three programs:
(a) The Urbanized Area Formula
Grant Program under MAP–21,
(b) The Urbanized Area Formula
Program in effect in FY 2012 or a
previous fiscal year, and
(c) The Job Access and Reverse
Commute (JARC) Program, which
authorized the separate JARC program,2
even though MAP–21 repealed former
2 JARC activities are now eligible for funding
made available or appropriated for the Urbanized
Area Formula Program authorized by 49 U.S.C.
5307, as amended by MAP–21.

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49 U.S.C. 5316 in effect in FY 2012 or
a previous fiscal year, and
(2) Therefore, to assure that FTA can
award the type of funding most suitable
for your Applicant’s Project, your
Applicant should provide the
certifications in Group 15 if it seeks
funding made available or appropriated
for:
(a) 49 U.S.C. 5307, as amended by
MAP–21,
(b) Former 49 U.S.C. 5307 in effect in
FY2012 or a previous fiscal year, or
(c) Former 49 U.S.C. 5316 in effect in
FY 2012 or a previous fiscal year.
w. New Group 16, ‘‘Seniors/Elderly/
Individuals with Disabilities and New
Freedom Programs,’’ [consolidating
former Group 18, ‘‘Elderly and
Individuals with Disabilities Formula
Program and Pilot Program,’’ and Group
20, ‘‘New Freedom’’ Program,’’ with the
new certification for the ‘‘Formula
Grants for the Enhanced Mobility of
Seniors and Individuals with
Disabilities Program’’].
(1) We established a new Group 16
focused on our programs that provide
specialized public transportation for
seniors and individuals with
disabilities, including separate
certifications for each of the following
three programs:
(a) The Formula Grants for the
Enhanced Mobility of Seniors and
Individuals with Disabilities Program,
(b) The Formula Grants for the Special
Needs of Elderly Individuals and
Individuals with Disabilities Program in
effect in FY 2012 or a previous fiscal
year, and
(c) The New Freedom Program, even
though MAP–21 repealed former 49
U.S.C. 5317 in effect in FY 2012 or a
previous fiscal year, which authorized
the separate New Freedom program,3
(2) Consistent with the legislation
under former 49 U.S.C. 5310 in effect in
FY 2012 and previous fiscal years, the
new Formula Grants for the Enhanced
Mobility of Seniors and Individuals
with Disabilities Program authorized by
49 U.S.C. 5310, as amended by MAP–
21, must comply with the requirements
of 49 U.S.C. 5307, as amended by MAP–
21, but does permit exceptions.
Therefore, as authorized by 49 U.S.C.
5310(c)(1), as amended by MAP–21, and
consistent with similar determinations
made for the Formula Grants for the
Special Needs of Elderly Individuals
and Individuals with Disabilities
Program authorized by former 49 U.S.C.
3 New Freedom activities are now an eligible for
funding made available or appropriated for the
Formula Grants for the Enhanced Mobility of
Seniors and Individuals with Disabilities Program
authorized by 49 U.S.C. 5310, as amended by MAP–
21.

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5310 in effect in FY 2012 or a previous
fiscal year, the Federal Transit
Administrator has determined that the
following Certifications required by 49
U.S.C. 5307(c)(1), as amended by MAP–
21, are not appropriate for the Formula
Grants for the Enhanced Mobility of
Seniors and Individuals with
Disabilities Program:
(a) The half fare requirements of
U.S.C. 5307(c)(1)(D), as amended by
MAP–21, are not appropriate for the
Formula Grants for the Enhanced
Mobility of Seniors and Individuals
with Disabilities Program because:
(i) The services financed under this
Program are designed specifically for
and available primarily to seniors and
individual who, because of illness,
injury, age, congenital malfunction, or
other incapacity or temporary or
permanent disability (including an
individual who is a wheelchair user or
has semi-ambulatory capability), cannot
use a public transportation service or a
public transportation facility effectively
without special facilities, planning, or
design, and
(ii) The half fare provisions that
benefit those individuals are focused on
peak periods, and peak demand that has
not been relevant to the provision of 49
U.S.C. 5310 specialized services,
(b) The public participation, planning,
and coordination provisions of 49
U.S.C. 5307(c)(1)(F), as amended by
MAP–21, are not appropriate for the
Formula Grants for the Enhanced
Mobility of Seniors and Individuals
with Disabilities Program because 49
U.S.C. 5310, as amended by MAP–21,
prescribes specific public participation,
planning, and coordination provisions
for this Program,
(c) The requirements of 49 U.S.C.
5307(c)(1)(I), as amended by MAP–21,
for a ‘‘locally developed process to
solicit and consider public comment
before raising a fare or carrying out a
major reduction of transportation’’ are
not appropriate for the Formula Grants
for the Enhanced Mobility of Seniors
and Individuals with Disabilities
Program because 49 U.S.C.
5310(c)(2)(B), as amended by MAP–21,
expressly requires a locally coordinated
transportation plan from which projects
to support public transportation for
seniors and individuals with disabilities
are to be selected,
(d) The requirement of 49 U.S.C.
5307(c)(1)(J), as amended by MAP–21,
to spend one (1) percent of funds made
available for 49 U.S.C. 5310, as
amended by MAP–21, for security
projects is not appropriate for the
Formula Grants for the Enhanced
Mobility of Seniors and Individuals
with Disabilities because the

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requirement applies only to the 49
U.S.C. 5307 urbanized area formula
apportionments, and
(e) The requirement of 49 U.S.C.
5307(c)(1)(K), as amended by MAP–21,
to spend one (1) percent of funds
authorized for 49 U.S.C. 5310, as
amended by MAP–21, for associated
transit improvements is not appropriate
for the Formula Grants for the Enhanced
Mobility of Seniors and Individuals
with Disabilities Program because the
requirement applies only to the 49
U.S.C. 5307 urbanized area formula
apportionments, and
(4) To assure that FTA will be able to
award the type of funding most suitable
for your Applicant’s Project, your
Applicant should provide the
certifications in Group 16 if it seeks
funding made available or appropriated
for:
(a) 49 U.S.C. 5310, as amended by
MAP–21,
(b) Former 49 U.S.C. 5310 in effect in
FY 2012 or a previous fiscal year, or
(c) Former 49 U.S.C. 5317 in effect in
FY 2012 or a previous fiscal year.
x. New Group 17, ‘‘Rural/Other Than
Urbanized Areas/Appalachian
Development/Over-the-Road Bus
Accessibility Programs,’’ [former Group
18, ‘‘Nonurbanized Area Formula
Program for States’’].
(1) We established a new Group 17
focused on our public transportation
programs in rural areas, including
separate certifications for the following
four programs:
(a) The Formula Grants for Rural
Areas Program,
(b) The Formula Grants for Other than
Urbanized Areas Program,
(c) The Appalachian Development
Public Transportation Assistance
Program, and
(d) The Over-the-Road Bus
Accessibility Program, and
(2) Therefore, to assure that FTA will
be able to award the type of funding
most suitable for your Applicant’s
Project, your Applicant should provide
the certifications in Group 17 if it seeks
funding made available or appropriated
for:
(a) 49 U.S.C. 5311(b), as amended by
MAP–21,
(b) Former 49 U.S.C. 5311(b) in effect
in FY2012 or a previous fiscal year,
(c) 49 U.S.C. 5311(c)(2), as amended
by MAP–21, or
(d) Former section 3038 of the
Transportation Equity Act for the 21st
Century, as amended by section 3039 of
the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users.
y. New Group 18, ‘‘Public
Transportation on Indian Reservations’’

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Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Notices
and ‘Tribal Transit’ Programs’’ [former
Group 22, ‘‘Tribal Transit Program’’].
(1) We established a new Group 18
focused on our public transportation
programs in Indian tribal areas,
including separate certifications for the
following two programs:
(a) The Public Transportation on
Indian Reservations Program, and
(b) The ‘‘Tribal Transit Program,’’ and
(2) Therefore, to assure that FTA can
award the type of funding most suitable
for your Applicant’s Project, your
Applicant should provide the
certifications in Group 18 if it seeks
funding made available or appropriated
for:
(a) 49 U.S.C. 5311(c)(1), as amended
by MAP–21, or
(b) Former 49 U.S.C. 5311(c)(1) in
effect in FY2012 or a previous fiscal
year.
z. New Group 19, ‘‘Low or No
Emission/Clean Fuels Grant Programs’’
[former Group 16, ‘‘Clean Fuels Grant
Program’’].
(1) We established a new Group 19
focused on our programs to reduce
emissions, including separate
certifications for the following two
programs:
(a) The Low or No Emission Vehicle
Deployment Program, authorized by 49
U.S.C. 5312(d)(5), as amended by MAP–
21, and
(b) The Clean Fuels Grant Program,
authorized by former 49 U.S.C. 5308 in
effect in FY 2012 or a previous fiscal
year,
(2) Consistent with the determinations
made for the Clean Fuels Program
authorized by former 49 U.S.C. 5308 in
effect in FY 2012 or a previous fiscal
year, the new Low or No Emission
Vehicle Deployment Program must
comply with the requirements of 49
U.S.C. 5307, as amended by MAP–21.
The Federal Transit Administrator has
determined, however, that the following
Certifications required by 49 U.S.C.
5307(c)(1), as amended by MAP–21, are
not appropriate for the Low or No
Emission Vehicle Deployment Program:
(a) The certification required by 49
U.S.C. 5307(c)(1)(J), as amended by
MAP–21, to spend one (1) percent of
funds made available for the Low or No
Emission Vehicle Deployment Program,
49 U.S.C. 5312(d)(5), as amended by
MAP–21, for security projects:
(i) Does not apply to the Low or No
Emission Vehicle Deployment Program
because the requirement applies only to
the 49 U.S.C. 5307 urbanized area
formula apportionments, but
(ii) Does apply to the Low or No
Emission Vehicle Deployment Program
if funds made available or appropriated
for 49 U.S.C. 5307 will be used for

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projects within the Low or No Emission
Vehicle Deployment Program, and
(b) The certification required by 49
U.S.C. 5307(c)(1)(K), as amended by
MAP–21, to spend one (1) percent of
funds made available for 49 U.S.C.
5312(d)(5), as amended by MAP–21, for
associated transit improvement projects:
(i) Does not apply to the Low or No
Emission Vehicle Deployment Program
because the requirement applies only to
the 49 U.S.C. 5307 urbanized area
formula apportionments, but
(ii) Does apply to the extent that funds
made available or appropriated for 49
U.S.C. 5307 will be used for a project
within the Low or No Emission Vehicle
Deployment Program, and
(3) To assure that FTA can award the
type of funding most suitable for your
Applicant’s Project, your Applicant
should provide the certifications in
Group 19 if it seeks funding made
available or appropriated for:
(a) 49 U.S.C. 5312(d)(5), as amended
by MAP–21, or
(b) Former 49 U.S.C. 5308 in effect in
FY2012 or a previous fiscal year.
aa. Re-Numbered Group 20, ‘‘Paul S.
Sarbanes Transit in Parks Program,’’
[former Group 21]. MAP–21 repealed
the Paul S. Sarbanes Transit in Parks
Program, authorized by former 49 U.S.C.
5320 in effect in FY 2012 or a previous
fiscal year. Because unobligated funds
remain under that Program, we have
included certifications required for
Applicants seeking those funds.
bb. New Group 21, ‘‘State Safety
Oversight Grant Program.’’ MAP–21
created a new State Safety Oversight
Grant Program. We request that each
Applicant for State Safety Oversight
Program funding to provide the
Assurances in new Group 21.
cc. New Group 22, ‘‘Public
Transportation Emergency Relief
Program.’’ MAP–21 created a new
Public Transportation Emergency Relief
Program. We request each Applicant for
Public Transportation Emergency Relief
Program funding to provide the
Assurances in new Group 22.
dd. New Group 23, ‘‘Expedited Project
Delivery Pilot Program.’’ MAP–21
established a new Pilot Program
requiring a certification that an
Applicant’s public transportation
system is in a state of good repair. We
request each Applicant for that Pilot
Program funding to provide the
Assurances in new Group 23.
ee. New Group 24, ‘‘Infrastructure
Finance Programs,’’ [consolidating
former Group 23, ‘‘TIFIA Projects’’ and
former Group 24, ‘‘Deposits of Federal
Financial Funding to State
Infrastructure Banks’’].

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(1) We established a new Group 24
focused on infrastructure finance
programs, including:
(a) The Transportation Infrastructure
Finance and Innovation Act (TIFIA)
Program under 23 U.S.C. 601–609, and
(b) The State Infrastructure Banks
(SIB) Program under 23 U.S.C. 610,
(2) For the TIFIA Program, we added
references to MAP–21, TIFIA financing,
and the 49 U.S.C. 5337 requirements
added for Projects funded with TIFIA
financing pursuant to 49 U.S.C. 5323(o),
as amended by MAP–21,4 and
(3) For the SIB Program, we added
references to MAP–21, SIB financing,
and the 49 U.S.C. 5337 requirements
added for Projects funded with SIB
financing pursuant to 49 U.S.C. 5323(o),
as amended by MAP–21.5
(4) To clarify, the Federal Transit
Administrator has determined that the
following Certifications required by 49
U.S.C. 5307(c)(1), as amended by MAP–
21, are not appropriate for the TIFIA or
SIB Programs:
(a) The certification required by 49
U.S.C. 5307(c)(1)(J), as amended by
MAP–21, to spend one (1) percent of
funds made available for the TIFIA and
for the SIB Programs, as amended by
MAP–21, for security projects:
(i) Does not apply to the TIFIA or SIB
Programs because the requirement
applies only to the 49 U.S.C. 5307
urbanized area formula apportionments,
but
(ii) Does apply to any TIFIA or SIB
Program to the extent that funds made
available or appropriated for 49 U.S.C.
5307 will be used for a project within
a TIFIA or SIB Program, and
(b) The certification required by 49
U.S.C. 5307(c)(1)(K), as amended by
MAP–21, to spend one (1) percent of
funds made available for 49 U.S.C.
5312(d)(5), as amended by MAP–21, for
associated transit improvement projects,
which:
(i) Does not apply to the Low or No
Emission Vehicle Deployment Program
because the requirement applies only to
the 49 U.S.C. 5307 urbanized area
formula apportionments, but
(ii) Does apply if funds made
available or appropriated for 49 U.S.C.
4 Although Section 2002 of MAP–21 made several
changes to 23 U.S.C. 601–609, which authorize the
TIFIA program, we only added references to MAP–
21, TIFIA financing, and 49 U.S.C. 5337
requirements for transit asset management plans,
which MAP–21 added for TIFIA Projects. Apart
from having a transit asset management plan, the
provisions of 49 U.S.C. 5337, as amended by MAP–
21, however, do not add new Certification
requirements to those of 49 U.S.C. 5307 or 5309.
5 Apart from having a transit asset management
plan, the provisions of 49 U.S.C. 5337, as amended
by MAP–21, however, do not add new Certification
requirements to those of 49 U.S.C. 5307 or 5309.

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5307 will be used for projects within the
Low or No Emission Vehicle
Deployment Program, and
6. How do I submit them?
a. Electronic Submission. Except in
unusual circumstances as determined
by FTA, you must submit your
Applicant’s FY 2013 Certifications and
Assurances in TEAM-Web. To submit
the Certifications and Assurances on
behalf of your Applicant, you must be
registered in TEAM-Web.
The TEAM-Web ‘‘Recipients’’ option
at the ‘‘Cert’s & Assurances’’ tab of the
‘‘View/Modify Recipients’’ page
contains fields for selecting among the
24 Groups of Certifications and
Assurances that apply to your Applicant
and also a designated field for selecting
all 24 Groups of which only the
requirements that apply to your
Applicant will be enforced.
The ‘‘Cert’s & Assurances’’ tab has a
field for you to enter your personal
identification number (PIN), which is
your electronic signature. There is also
a field for the Attorney’s PIN, affirming
your Applicant’s legal authority to make
and comply with the Certifications and
Assurances you have selected on your
Applicant’s behalf. You may enter your
PIN in place of the Attorney’s PIN,
provided that your Applicant has on file
a similar affirmation that has been
written, dated, and signed by its
Attorney in FY 2013.
b. Paper Submission. You may submit
your Applicant’s FY 2013 Certifications
and Assurances on paper only if you
cannot submit them electronically in
TEAM-Web and FTA agrees to accept
hard copy submissions. In that case, you
must submit the Signature Page(s) in
Appendix A of this Notice indicating
the Groups of Certifications and
Assurances your Applicant is providing
if you cannot submit them
electronically. You may place a single
mark in the designated space to signify
your Applicant’s agreement to comply
with all Groups of Certifications and
Assurances to the extent that they apply
to your Applicant, or select the specific
Groups of Certifications and Assurances
that apply to your Applicant and its
Projects.
You must enter your signature on the
Signature Page(s) and provide an
Affirmation by your Applicant’s
Attorney concerning your Applicant’s
legal capacity to make and comply with
the FY 2013 Certifications and
Assurances you have selected on your
Applicant’s behalf. You may enter your
signature in place of the Attorney’s
signature in the Affirmation by
Applicant’s Attorney part of the
Signature Page, provided that your

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Applicant has on file a similar
affirmation, written, dated, and signed
by its Attorney in FY 2013.
For more information, you may
contact the appropriate FTA Regional or
Metropolitan Office.
Authority. 49 U.S.C. chapter 53; the
Moving Ahead for Progress in the 21st
Century Act (MAP–21) Pub. L. 112–141, June
6, 2012; other Federal laws administered by
FTA; U.S. DOT and FTA regulations codified
or to be codified in Title 49, Code of Federal
Regulations; and FTA Circulars.
Issued in Washington, DC, this 7th day of
February, 2013.
Peter M. Rogoff,
Administrator.
[FR Doc. 2013–03335 Filed 2–12–13; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
Agency Information Collection Activity
Under OMB Review; Reports, Forms
and Recordkeeping Requirements
Maritime Administration, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

In compliance with the
Paperwork Reduction Act of 1995 (44
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Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW., Washington, DC 20503,
Attention: MARAD Desk Officer.
Alternatively comments may be sent via
email to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, at the
following address:
[email protected].
FOR FURTHER INFORMATION CONTACT: Lisa
Simmons, Maritime Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–366–2321; FAX: 202–366–7901 or
email: [email protected]. Copies of
SUMMARY:

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this collection also can be obtained from
that office.
Maritime
Administration (MARAD).
Title of Collection: Application for
Capital Construction Fund and Exhibits.
OMB Control Number: 2133–0027.
Type of Request: Extension of
currently approved collection.
Affected Public: U.S. citizens who
own or lease one or more eligible
vessels and who have a program to
provide for the acquisition, construction
or reconstruction of a qualified vessel.
Form Number: None.
Abstract: This information collection
consists of an application for a Capital
Construction Fund (CCF) agreement
under 46 U.S.C. Chapter 535 and annual
submissions of appropriate schedules
and exhibits. The Capital Construction
Fund is a tax-deferred ship construction
fund that was created to assist owners
and operators of U.S.-flag vessels in
accumulating the large amount of
capital necessary for the modernization
and expansion of the U.S. merchant
marine. The program encourages
construction, reconstruction, or
acquisition of vessels through the
deferment of Federal income taxes on
certain deposits of money or other
property placed into a CCF.
Annual Estimated Burden Hours:
1790 hours.
Comments Are Invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication.

SUPPLEMENTARY INFORMATION:

Authority: 49 CFR 1.93.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–03297 Filed 2–12–13; 8:45 am]
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