Date: 7/20/2018
Number: 2018-07 

FTA recently published a series of significant documents for administering the funds received from the Federal transit program.

• On July 19, 2018, FTA issued two final rules that complete the foundation of a National Public Transportation Safety program: The Public Transportation Agency Safety Plan rule and the Public Transportation Safety Training Certification Program rule.
• On July 16, 2018, FTA published the federal Fiscal Year (FY) 2018 Apportionments, Allocations, Program Information and Guidance in the Federal Register. The notice provides priorities for programs in FY2018, announces the full-year apportionments and allocations for grant programs, provides contract authority, and describes plans for several competitive programs. As part of the Federal Register notice, FTA announced it is hosting an online dialogue to collect input on the definition of a "federal project" and how that may impact the timely and effective implementation of transit projects. 

• On July 16, several page changes were made to FTA Circular 5010.1E, Award Management Requirements. The changes were made to provide better understanding and clarity regarding:
  • FTA concurrence on the acquisitions and disposition limit for appraisals of real property
  • FTA concurrence before filing condemnation
  • Federal financial reporting
  • Changes to the Capital Leases section
• To reduce the burden on FTA recipients, FTA has increased the threshold to $1 million for which appraisals and review appraisals for acquisition, disposition or property condemnations must be submitted to FTA for review (see Chapter IV, Subparagraph 2, "Real Property" and its subparts). Prior to the page changes, this threshold was set at $500,000. Note that in-kind contributions and land exchanges of any value must still be submitted to FTA for review and concurrence. Further, all appraisals must remain compliant with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act or URA), 42 U.S.C. 4601 et seq., 49 CFR part 24, and criteria for appraisals at 49 CFR 24.103.
  • The changes to federal financial reporting in Chapter III, Subparagraph 3, REPORTING REQUIREMENTS, c. “Federal Financial Report (FFR)” better relay cash and accrual accounting report requirements and align language with the instructions included in Appendix B.
  • The changes to Capital Leases in Chapter IV, Subparagraph 3, EQUIPMENT and SUPPLIES (including ROLLING STOCK), l(1)(b)(3) “Capital Leases” has been revised to state “the lease contains an option to purchase the leased property at a bargain price.” This change was made to provide clarification and ease of understanding for the grantee.

Region 3 encourages review of all these important documents. In particular, closely review the two safety rules about your responsibilities implementing the requirements established in these regulations.

Please do not hesitate to contact your Region 3 program manager if there's any additional questions about the page changes to FTA Circular 5010.1E.