Frequently Asked Questions
These FAQs do not have the force and effect of law and are not meant to bind the public in any way. These FAQs are intended only to provide clarity to the public regarding existing requirements under the law or agency policies. FTA recipients and subrecipients should refer to FTA’s statutes and regulations for applicable requirements.
Answer:
States may apply for an amount that is less than what is available under the SSO Formula Grant Program. States may ask FTA to later amend the grant to add all or a portion of the remaining available funds until the end of the period of availability, which is one year from the end of the fiscal year that the grant funds are apportioned.
Answer:
Yes. At least until one year after the effective date of a final rule to require public transportation agency safety plans (PTASP) (49 U.S.C. § 5329(d)), a state may use SSO formula grant funding to comply with security requirements under 49 U.S.C. part 659. FTA will issue further guidance on this issue after publication of the final PTASP rule.
Answer:
Yes. At least until one year after the effective date of a final rule to require public transportation agency safety plans (PTASP) (49 U.S.C. § 5329(d)), a state may use SSO formula grant funding to comply with security requirements under 49 U.S.C. part 659. FTA will issue further guidance on this issue after publication of the final Public Transportation Agency Safety Plan (PTASP) rule.
Answer:
Yes, based on the period of availability, FY 13 grant funds can be obligated through September 30, 2015 and FY 14 grant funds through September 30, 2016. FTA, however, encourages you to submit as soon as you possibly can, to ensure that your state's program, and the rail transit agency's safety oversight, receives the benefits of federal funding.
Answer:
Yes. Expenditures for equipment that is directly related to the SSO program are allowable. Such equipment may include, for example, two-way radios, cellular phones, digital cameras, accident investigation kits, electronic tablets, personal protective equipment, as well as office equipment, including computers, servers, printers, and other durable goods or equipment. Items with a unit cost of $5000 or more must have prior FTA approval. If equipment is shared with non-SSO functions, please follow 2 C.F.R. Part 225 for guidance on how to calculate the appropriate reimbursement amount for the equipment’s use in support of SSO activities.
Answer:
Yes. The services paid for must be to develop or carry out SSO programs under MAP-21.
Answer:
Yes. States may use such grant funds for in-state or out-of-state travel or training under this program. Meetings and conferences are eligible if the primary purpose is the dissemination of technical information. For more information, see section 27 of Appendix B of 2 C.F.R. Part 225.
Answer:
Yes. Costs associated with membership in business, technical and professional organizations directly incurred as a result of one’s SSO job functions are allowable. Note that membership in organizations substantially engaged in lobbying are unallowable. Please see section 28 in Appendix B of 2 C.F.R. Part 225 for more information.
Answer:
Yes. States may use SSO Formula Grant Program funds to pay reasonable compensation to employees who are working on the SSO program. All labor must be identified in a staffing plan shared with FTA. You may pay the following types of employees, as identified in the staffing plan:
Full or partial wages for all SSO personnel.
Overtime wages for SSO employees who perform activities such as accident investigation or corrective plan verification.
Partial wages for State employees who support the SSO program.
Refer to section 8 of Appendix B to 2 C.F.R. Part 225 for specific information, and speak to your Regional Office for additional assistance.
Answer:
Yes. Vehicles purchases and vehicle operating costs to develop or carry out the SSO program are eligible, but may require prior FTA approval.
Answer:
No. These funds may only be used to support MAP-21 compliant State Safety Oversight Program activities.
Answer:
Construction or building improvements to develop or carry out the SSO program may be allowed. As with all proposed activities, grant applications will need to fully address how the activity supports the SSO program.
Answer:
Yes. A rail transit system does not need to receive federal funds to qualify for this program. Eligible rail transit systems must report to the National Transit Database (NTD) to be included in the apportionment and grant funding may only be used for those systems that report to the NTD or intend to report to the NTD. The applicant or the rail transit system that is currently not reporting to the NTD, e.g., those rail transit systems in the engineering or construction phase of development, should submit a letter of intent that the rail transit system at issue will report to NTD and comply with all applicable Federal requirements.
Answer:
Yes. FTA encourages SSOA personnel to take training at the rail transit systems they oversee to improve their knowledge of specific practices and technical systems. SSO grant funds cannot be used to benefit the rail transit agency directly, nor can they be used to provide training or anything else exclusively for the benefit of rail transit agency personnel.
Answer:
Yes. Web-based information management systems used to develop or carry out the SSO program are allowable expenses.
Answer:
No. Aerial tramways, trolleybuses, and bus rapid transit are excluded.
Answer:
The focus of this grant program is to strengthen each SSO program so it can achieve the robust requirements set forth in MAP-21. Many of the activities performed today are likely part of the enhanced SSO program required under MAP-21; however, the grant application needs to demonstrate how the federal dollars will enhance existing activities, especially those activities that do not currently meet 49 U.S.C. 5329(e), and eliminate activities that may weaken the program or are expressly prohibited by MAP-21.
For example, if a state’s Certification Work Plan (CWP) identifies a gap or deficiency in the statutory requirement that the state has investigative and enforcement authority, the state should identify program activities to be taken to be meet this MAP-21 requirement. In such a case, the state may propose obtaining the necessary investigative and enforcement authority, e.g., enabling legislation, and what that authority may entail, including taking a more active role in leading independent accident investigations. The state should identify these existing or planned activities to work toward the goal set forth in the CWP. FTA will fund these enhanced activities, such as active, independent accident investigations, and the developmental activities required to achieve that level of investigative and enforcement authority. FTA will not fund activities that do not (or will not) meet the statutory requirements of MAP-21.
Other examples include, but are not limited to the activities that:
Mature their three-year reviews to contain additional audits and inspections, tests, measurements and field observations, and perhaps be directed by a sampling plan.
Implement corrective action plan tracking to include additional verification and follow-up activities.
Provide additional training and even peer exchanges.
Support the SSO program personnel in carrying out these enhanced mandates, through equipment and even vehicles purchases.
To ensure grant coverage for all activities performed in the SSO program, FTA recommends that the SSO agency describes its activities in terms of how they support the SSO program in order to meet the explicit mandates specified in 49 U.S.C. 5329(e). So long as an SSO agency is actively working toward MAP-21 implementation and making enhancements to its existing SSO program, FTA intends that those expenses will be covered through the grant program.
Answer:
FTA expects that RTAs will honor their funding obligations to the states that rely upon them until the state is certified or has an approved Certfiication Work Plan (CWP) that permits the state to apply for SSO Formula Grant Program funding.
However, states that currently rely on funding from the RTA must identify an independent funding match for the SSO Formula Grant Program and close out their financial relationships with the RTA prior to grant award. FTA recommends that states dependent upon funding from the RTA make final arrangements regarding the termination of this funding so that it ends no later than the date of the state's grant application to FTA's Regional Office. States will not be eligible for pre-award authority until they terminate funding from the RTA.
Answer:
At this time, FTA has not received or approved a CWP.
Answer:
The timelines provided in the sample Certification Work Plan (CWP) are examples. Each state should provide its own timeline to indicate when the state and FTA can expect the task identified in the CWP to be completed. In providing a timeline, the state should consider its operating environment, resources, and other circumstances that may affect the state’s timeline. FTA will review the timelines for reasonableness and work with states to determine an appropriate timeline if necessary.