DOT 49 CFR PART 624-2010 CLEAN FUELS GRANT PROGRAM.pdf

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1、459 Federal Transit Admin., DOT 624.5 PART 624CLEAN FUELS GRANT PROGRAM Sec. 624.1 Eligible applicant. 624.3 Eligible activities. 624.5 Application process. 624.7 Certification. 624.9 Grant requirements. 624.11 Reporting. AUTHORITY: 49 U.S.C. 5308; 49 U.S.C. 5334(a); 49 CFR 1.51. SOURCE: 67 FR 40104

2、, June 11, 2002, unless otherwise noted. 624.1 Eligible applicant. (a) An eligible applicant is: (1) A designated recipient (designated recipient has the same meaning as in 49 U.S.C. 5307(a)(2); or (2) A recipient for an urbanized area with a population of less than 200,000 (smaller urbanized area).

3、 The State in which the smaller urbanized area is lo-cated shall act as the recipient. (b) An eligible applicant, as defined in paragraph (a) of this section, shall operate in an area that is either: (1) An ozone or carbon monoxide non-attainment area as specified under sec-tion 107(d) of the Clean

4、Air Act (42 U.S.C. 7407(d); or (2) A maintenance area for ozone or carbon monoxide. 72 FR 15052, Mar. 30, 2007 624.3 Eligible activities. (a) Eligible activities include pur-chasing or leasing clean fuel buses and constructing new or improving existing public transportation facilities to ac-commodat

5、e clean fuel buses. (b) The term clean fuel vehicle means a vehicle that (1) Is powered by (i) Compressed natural gas; (ii) Liquefied natural gas; (iii) Biodiesel fuels; (iv) Batteries; (v) Alcohol-based fuels; (vi) Hybrid electric; (vii) Fuel cells; (viii) Clean diesel, to the extent al-lowed under

6、 this section; or (ix) Other low or zero emissions tech-nology; and (2) The Administrator of the Environ-mental Protection Agency has certified sufficiently reduces harmful emissions. (c) Eligible projects are the fol-lowing: (1) Purchasing or leasing clean fuel buses, including buses that employ a

7、lightweight composite primary struc-ture, and vans for use in revenue serv-ice. The purchase or lease of non-rev-enue vehicles is not an eligible project. (2) Constructing or leasing clean fuel bus facilities or electrical recharging facilities and related equipment. Fa-cilities and related equipmen

8、t for clean diesel buses are not eligible. (3) At the discretion of the Adminis-trator, projects relating to clean fuel, biodiesel, hybrid electric, or zero emis-sions technology buses that exhibit equivalent or superior emissions reduc-tions to existing clean fuel or hybrid electric technologies. (

9、4) The Federal share for eligible ac-tivities undertaken for the purpose of complying with or maintaining compli-ance with the Clean Air Act under this program shall be limited to 90 percent of the net (incremental) cost of the ac-tivity. (i) The Administrator may exercise discretion and determine t

10、he percent-age of the Federal share for eligible ac-tivities to be less than 90 percent. (ii) An administrative determination per this subsection will be published in accordance with 624.5(a). (5) Funding for clean diesel buses shall be limited to not more than 25 percent of the amount made availabl

11、e each fiscal year to carry out the pro-gram. (6) Any amount made available for this section shall remain available to an eligible activity for two years after the fiscal year for which the amount is provided. Any amount that remains unobligated at the end of the three- year-period shall be added to

12、 the amount made available to carry out the program in the following fiscal year. 67 FR 40104, June 11, 2002, as amended at 72 FR 15053, Mar. 30, 2007 624.5 Application process. (a) FTA shall publish a Notice of Funding Availability in the FEDERAL REGISTER each fiscal year that funding is made avail

13、able for the Clean Fuels program. The notice shall provide the criteria by which the eligible projects VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networki

14、ng permitted without license from IHS-,-,-460 49 CFR Ch. VI (10110 Edition) 624.7 will be evaluated for selection and the Administrators determination of the net Federal share for projects funded under this Part. (b) The Administrator shall deter-mine the criteria for selecting proposed projects for

15、 funding, which may in-clude, but are not limited to the fol-lowing factors: (1) Whether the proposed project is a transportation control measure in an approved State Implementation Plan; (2) The benefits of the proposed project in reducing transportation-re-lated pollutants; (3) Consistency with th

16、e recipients fleet management plan; (4) The applicants ability to imple-ment the project and facilities to maintain and fuel the proposed vehi-cles; (5) The applicants coordination of the proposed project with other public transportation entities or other related projects within the applicants Metro

17、-politan Planning Organization or the geographic region within which the proposed project will operate. (6) The proposed projects ability to support emerging clean fuels tech-nologies or advanced technologies for transit buses. 72 FR 15053, Mar. 30, 2007 624.7 Certification. The applicant must use t

18、he certifi-cation contained in the Annual Notice of Assurances and Certifications pub-lished in the FEDERAL REGISTER each October. 624.9 Grant requirements. A grant under this section shall be subject to the following requirements of 49 U.S.C. 5307(d): (a) General. All recipients shall main-tain and

19、 report financial and operating information on an annual basis, as pre-scribed in 49 CFR part 630, and the most recent National Transit Database Reporting Manual. (b) Labor standards. As a condition of financial assistance under 49 U.S.C. 5308, the interests of employees af-fected by the assistance

20、shall be pro-tected under arrangements that the Secretary of Labor concludes are fair and equitable. (c) Satisfactory continuing control. An FTA grantee shall: (1) Maintain control over federally funded property; (i) Ensure that it is used in transit service; and (ii) Dispose of it in accordance wit

21、h Federal requirements. (2) Under this paragraph (c), if the grantee leases federally funded prop-erty to another party, the lease must provide the grantee satisfactory con-tinuing control over the use of that property as determined in two areas: real property (land) and facilities; and personal pro

22、perty (equipment and roll-ing stock, both revenue and non-rev-enue). (d) Maintenance. The grant applicant shall certify annually that pursuant to 49 U.S.C. 5307(d)(1)(C), it will maintain (federally funded) facilities and equip-ment. In addition, the grantee shall keep equipment and facilities acqui

23、red with Federal assistance in good oper-ating order, which includes mainte-nance of rolling stock (revenue and non-revenue), machinery and equip-ment, and facilities. (e) Rates charged elderly and persons with disabilities during nonpeak hours. In accordance with 49 U.S.C. 5307(d)(1)(D), the grant

24、applicant shall certify that the rates charged the elderly and per-sons with disabilities during nonpeak hours for fixed-route transportation using facilities and equipment financed with Federal assistance from FTA will not exceed one-half of the rates gen-erally applicable to other persons at peak

25、hours, whether the operation is by the applicant or by another entity under lease or otherwise. (f) Use of competitive procurements. Pursuant to 49 U.S.C. 5307(d)(1)(E), the grant applicant shall certify that it will use competitive procurements and will not use procurements employing exclusionary o

26、r discriminatory speci-fications. (g) Compliance with Buy America provi-sions. The grant applicant shall certify that in carrying out a procurement au-thorized for this program, the appli-cant will comply with applicable Buy America laws. (h) Certification that local funds are available for the proj

27、ect. The grant ap-plicant shall certify that the local VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-461 Fe

28、deral Transit Admin., DOT 630.3 funds are or will be available to carry out the project. (i) Compliance with national policy concerning elderly persons and individ-uals with disabilities. The grant appli-cant shall certify that it will comply with the requirements of 49 U.S.C. 5301(d) concerning the

29、 rights of elderly persons and persons with disabilities. (j) FTA Master Agreement. The grant applicant shall comply with applicable provisions of the FTA Master Agree-ment which is incorporated by ref-erence in the grant agreement. 72 FR 15053, Mar. 30, 2007 624.11 Reporting. (a) Recipients of fina

30、ncial assistance under 49 U.S.C. 5308 who purchase or lease hybrid electric, battery electric and fuel cell vehicles shall report semi-annually the following information to the appropriate FTA Regional Office for the first three years of the useful life of the vehicle: (1) Vehicle miles traveled; (2

31、) Fuel/energy costs; (3) Vehicle fuel/energy consumption and oil consumption; (4) Number of road calls or break-downs resulting from clean fuel and ad-vanced propulsion technology systems, and (5) Maintenance costs associated with the clean fuels or advanced propulsion system. (b) Recipients of fina

32、ncial assistance under 49 U.S.C. 5308 who purchase or lease compressed natural gas (CNG), liquefied natural gas (LNG), and lique-fied petroleum gas (LPG) vehicles may report the information described in paragraph (a) of this section, but this reporting is voluntary. (c) Recipients of financial assis

33、tance under 49 U.S.C. 5308 that purchase or lease clean diesel vehicles are not re-quired to report information beyond FTA grant reporting requirements for capital projects. 67 FR 40104, June 11, 2002, as amended at 72 FR 15053, Mar. 30, 2007 PART 630NATIONAL TRANSIT DATABASE Subpart AGeneral Sec. 6

34、30.1 Purpose. 630.2 Scope. 630.3 Definitions. 630.4 Requirements. 630.5 Failure to report data. 630.6 Late and incomplete reports. 630.7 Failure to respond to questions. 630.8 Questionable data items. 630.9 Notice of FTA action. 630.10 Waiver of reporting requirements. 630.11 Data adjustments. AUTHO

35、RITY: 49 U.S.C. 5307, 5311, 5335, and 49 CFR 1.51. SOURCE: 72 FR 68761, Dec. 6, 2007, unless otherwise noted. 630.1 Purpose. The purpose of this part is to pre-scribe requirements and procedures necessary for compliance with the Na-tional Transit Database Reporting Sys-tem and Uniform System of Acco

36、unts, as mandated by 49 U.S.C. 5335, and to set forth the procedures for addressing a reporting entitys failure to comply with these requirements. 630.2 Scope. This part applies to all applicants for, and any person that receives bene-fits directly from, a grant under 49 U.S.C. 5307 or 5311. 630.3 D

37、efinitions. (a) Except as otherwise provided, terms defined in 49 U.S.C. 5302 et seq. apply to this part. (b) Except as otherwise provided, terms defined in the current editions of the National Transit Database Report-ing Manuals and the NTD Uniform Sys-tem of Accounts are used in this part as so de

38、fined. (c) For purposes of this part: Administrator means the Federal Transit Administrator or the Adminis-trators designee. Applicant means an applicant for as-sistance under 49 U.S.C. 5307 or 5311. Assistance means Federal financial assistance for the planning, acquisi-tion, construction, or operation of pub-lic transportation services. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-