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.
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No. Riders requiring accessible vehicles cannot be charged a higher fare. The cost of providing accessible vehicles must be borne by the county’s Guaranteed Ride Home Program.
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The standard value of passenger time in the HMCE tool is pre-set at $15.58 per hour. Consistent with FEMA and DOT guidance, this represents one half of the average national wage, as reported by the Bureau of Labor Statistics. The value allows the HMCE tool to evaluate the benefits of avoided service outages or alternative services, as well as the cost of outages associated with project implementation.Applicants have three options for this value:
Use the standard value in the tool of $15.58 per hour, reflecting 50 percent of the national average wage rate.
Adjust the value to account for regional differences, using regional wage information reported by the Bureau of Labor Statistics.
Based on an analysis of the September 2013 BLS report “Employer Costs for Employee Compensation &mdash September 2013”, Historical Listings through September 2013, and National Compensation Survey data from 2010-2011 for applicable Census regions and combined statistical areas (CSAs, i.e. adjacent metropolitan areas), comparing regional average wage values to the regional average private industry wages resulted in the following adjustments:
Regional:
New England (CT, RI, MA, ME, NH, VT): $18.38 per hour
Mid-Atlantic (NY, NJ, PA): $17.59 per hour
South-Atlantic (MD, DC, DE, VA, NC, etc.): $14.38 per hour
Combined Statistical Areas
Boston-Worcester-Manchester (RI, MA, NH) CSA: $18.80 per hour
New York-Newark-Bridgeport Mid-Atlantic (NY-NJ-CT) CSA: $19.40 per hour
Philadelphia-Camden-Vineyard (PA-NJ-DE-MD) CSA: $17.86 per hour
Washington-Baltimore-Northern Virginia (DC-MD-VA-WV) CSA: $18.25 per hour
Adjust the value to account for regional differences as follows: Calculate one half of the average household income for the applicant’s service area, or for all public transportation users in the applicant’s service area, divided by the average household size for the population used.
Regardless of the approach selected, the same value must be used in all proposals submitted by a single applicant. If an applicant intends to use the third option, additional backup documentation is required, including copies of the applicable census tables, the calculations used, and a brief statement of why one of the other two options is not accurate or sufficient for the analysis. Other alternative approaches are not recommended.
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For all eligible force account and operating expenses, FTA will pay both straight and overtime labor costs.
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Given the unique eligibility criteria for the Category 1, 2, or 3 grants, FTA will only permit budget revisions that meet the below criteria with prior FTA approval.
Budget revisions will only be permitted to shift funds from an existing Category 2 Activity Line Item (ALI) when a cost-savings is realized to another existing Category 2 ALI, should there be a cost-overrun or need for additional funds.
Grantees will be required to submit documentation demonstrating the cost savings and cost over-run involved in the budget revision.
If the grantee experiences a cost-savings or determines it no longer needs the funds obligated in other ALIs in its Category 1, 2, and 3 grant, then the excess funds will be deobligated. Funds that are deobligated from the grant may be available for future obligation by the grantee, should the grantee have additional eligible recovery costs that cannot be funded by its pro-rated allocation or its insurance proceeds.
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No. ER funds may not be used to reimburse contractors for stopped work as a result of a disaster. However, expenses incurred by the contractor for implementing protective measures that protected assets owned by the transit agency would be considered eligible.
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Yes. However, apportioned resiliency funds cannot be used for design costs of projects unless the grantee has documented the availability of funding for the entire project, including construction.Additionally, a grantee may not incur capital expenses for local priority resiliency projects until a project has received formal FTA approval granting pre-award authority for the project.
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Yes, under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.121(a), “each public entity operating a fixed route system shall provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system.” The regulation does not specify how this paratransit service is to be provided—whether by vehicles from its own fleet, by vehicles from a subrecipient, or by vehicles from a for-profit third-party contractor. The regulation only requires complementary paratransit services to be provided, leaving the details to the local planning process. The fixed route operator, however, is ultimately responsible for ensuring a contractor meets all applicable ADA requirements as explained in Section 37.23. You may view the cited regulation here.
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It depends on the source and use of funding. Ride-sourcing services that provide exclusive-ride service for a single passenger or group are not considered public transportation and are not eligible as a public transportation expense. However, exclusive-ride services may be eligible as an alternative to public transportation in the 5310 program or as a job access and reverse commute project. For example, a transit agency may use FTA funds to provide vouchers for individuals to use an exclusive-ride service.
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As the specific purpose of a resiliency project is to add protective features to existing infrastructure to minimize damage from future emergencies or major disasters, a resiliency project typically includes a “substantial functional, location or capacity change." As such, FTA expects project sponsors to ensure such resiliency projects are included or appropriately referenced in the MPO’s metropolitan transportation plan as well as the TIP and STIP prior to incurring costs. Please reference FHWA and FTA’s joint planning rule (23 CFR 450.324) for TIP/STIP requirements. Project sponsors are also reminded they must comply with other applicable pre-award requirements (unless specifically waived), before incurring costs for these projects.While 23 CFR 450.324 contains an exception for "emergency relief projects" that do not involve substantial functional, locational, or capacity changes be included in the TIP/STIP, FTA does not expect resiliency projects, particularly those funded from the local priority resiliency allocations and future competitive resiliency allocations, to qualify for the reason noted above and given most are not "emergency" in nature.However, there may be some integrated resiliency elements or projects specifically tied to a recovery project and funded from a grantee's recovery allocation that do not include "substantial functional, location, or capacity changes". Project sponsors should review the additional planning FAQs for more information about this exception and the process for certifying if a project qualifies. What appropriate funding assumptions can be made to include projects funded under FTA’s Emergency Relief Program (ERP) in a TIP/STIP? Per FHWA/FTA’s joint planning rule, a project must be fully funded from “reasonably anticipated” fund sources to be included in the TIP/STIP. To meet the requirement of anticipated full funding, sponsors of ERP projects must identify all the funding sources for the ERP project including the federal funds that FTA has allocated from the ERP to individual project, any required non-federal match plus any other funds required to meet the total cost of the project. Project sponsors should not assume the availability of ERP funds for a specific project if Congress has not appropriated those funds to the ERP, or if FTA has not specifically allocated ERP funds to the specific project. Projects that have been allocated ERP funds from the Disaster Relief Appropriations Act by the Notice of Availability published May 29, 2013 can assume the ERP funds to be “reasonably available” to the project so that the project can be included in the TIP/STIP.However, project sponsors cannot assume that any future funds that have not yet been allocated, particularly those that may be awarded on a competitive basis, are “ reasonably anticipated to be available” until FTA makes an allocation to a project. Once FTA makes an allocation, the project sponsor should work with the MPO and/or State to amend the TIP/STIP to include the ERP project, identifying all federal and other funds required to meet the full cost of the project. Project sponsors are urged to work closely with the MPO and States early to understand and plan for any TIP/STIP amendment procedures for project inclusion once FTA has allocated ERP funds.
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To begin with, it is important to understand the difference between the concepts of “art” and “design.” FTA expects all transit projects to be designed and built by professional architects, engineers, planners, interior and landscape design professionals, and those in other professional trades. The building and surrounding landscape designs should incorporate aesthetic considerations, including but not limited to decisions regarding the use of light, shape, color, materials, the use of space, and the historic setting to achieve a functional and welcoming public transit facility. In fact, the Merriam-Webster Collegiate Dictionary defines “design” in this context as “the arrangement of elements or details in a product[…]” and as “the creative art of executing aesthetic or functional designs.”
Based on this definition, FTA does not interpret the law to exclude or prohibit the functional and aesthetic design of transit stations or related facilities, including designs intended to minimize adverse visual effects on the surrounding community as identified in the environmental review process. For this reason, FTA will not require grantees to assess the often indeterminate incremental costs associated with functional design elements, including, but not limited to, the use of different types or colors of paint or tile, wayfinding elements intended to direct passengers or staff, or different or alternate construction materials in the design of a transit facility.
In contrast to design, FTA interprets the term “art” in this context as primarily aesthetic objects that do not have a meaningfully functional structural or transit-related purpose. “Art,” within the meaning of the statute, would include, for example, most decorative murals, sculptures, statues, musical installations, or similar objects or elements included for primarily aesthetic purposes. Accordingly, in the case of primarily aesthetic elements or objects, FTA considers any costs directly associated with or attributable to creating, producing, or installing such elements or objects to be ineligible for FTA grant funding.
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No. However, if a transit agency allocates project management or oversight staff time to an otherwise eligible ER project, that time would be an eligible expense for that project.
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Under the terms of a Memorandum of Agreement between FEMA and FTA, if and when FTA has funding available after a disaster for emergency relief, FTA will be the primary provider of transit-related emergency relief.
Due to the timing of FTA’s Emergency Relief funding becoming available, some transit agencies may have already received reimbursement for hurricane related expenses from FEMA. These reimbursements are allowable under the terms of the FTA-FEMA agreement, however, any expenses previously reimbursed by FEMA are not eligible for assistance under FTA’s ER program.
If a transit agency has disaster expenses under review by FEMA that have not yet been reimbursed , these must be transferred to FTA’s ER program. This includes expenses that have already been submitted to FEMA but have not yet been disbursed.
If a transit agency provided services that are not eligible under the FTA ER program, such as providing emergency shelter or meals to evacuees, the transit agency may seek reimbursement for those expenses from FEMA subject to all applicable FEMA requirements. If the transit agency also provided services eligible under FTA’s ER program, the transit agency may receive funds from both FTA and FEMA.
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ER funds cannot be used for projects for which FTA has already obligated funds. For example, if FTA has obligated funding to replace a piece of equipment but before the equipment is replaced it is damaged or destroyed during a disaster, ER funds cannot be used to replace that piece of equipment at a greater Federal share. The previously obligated grant and its corresponding Federal share must be utilized.
However, if a project with an obligated grant is under construction and is damaged, any additional expense to repair the damage may be eligible under the ER program, depending on the type of project, the type of damage, and what entity was responsible for the project at the time of the storm.
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It depends. FTA grant recipients are responsible for ensuring FTA funds are used for eligible expenses. The eligibility of shared mobility services will depend largely on the specific contracts entered into between FTA recipients and third parties, such as shared mobility operators. When structuring such contracts, grantees should consider whether the terms of service will meet the legal definition of public transportation, for example, or whether such service may be permitted as an alternative to public transportation within several of FTA’s grant programs.
FTA funds may be used to reimburse recipients for expenses associated with public transportation capital projects, and in some cases, for the costs of operating transit service. The statutory definition (49 U.S.C. § 5302) of public transportation is “regular, continuing shared-ride surface transportation services that are open to the general public or a segment of the general public defined by age, disability or low-income.”
Examples of eligible public transportation capital projects include constructing waiting or pick-up/drop off areas at a transit facility, or providing information technology (IT) systems that support the use of shared mobility services.
When federal public transportation law allows funding for transit operating expenses, such as in small urban and rural areas, or for job access and reverse commute activities and ADA paratransit services, FTA may reimburse a transit agency for the costs of contracting with a shared mobility operator to provide shared ride service to the general public. This may be an option for off-peak services or first-mile/last-mile transportation. Where contract services are used, the transit agency must ensure that civil rights obligations continue to be met, as noted in the Americans with Disabilities Act FAQs.
In addition, FTA funds may also be used to support operating or capital costs for alternatives to public transportation, particularly under the Enhanced Mobility of Seniors and Individuals with Disabilities (Section 5310) program or as a job access and reverse commute project under FTA’s rural and urban formula programs. Such costs may include the costs of contracting with a taxi company or shared mobility operator to provide exclusive ride service or for voucher programs.
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No. Local funds used to match FTA funds may be spent only on eligible expenses.
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No. Resilience projects must be designed to reduce damages and losses from extreme weather events and other disasters, not to protect assets from exposure to typical weather patterns and other environmental factors. If a project protects against a disaster, but also provides benefits in typical conditions, the application may present these and other ongoing benefits as reduced operations and maintenance costs over the project’s lifespan.
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Yes. FTA ER funding can be awarded in advance of an expected insurance settlement. If/when an insurance settlement is received, the grant must be amended. Please see sections 4.3.2 “Treatment of Insurance Proceeds” and 4.3.3 “Policy on Unallocated Insurance Proceeds” in FTA’s Emergency Relief Manual for details and examples.
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Yes. Recovery funds can be used to repair a facility with materials or features that are more resilient than the original facility if those materials or features are integral to the repair of the facility (not functionally independent) and cost effective. For example, elevating communications cables when replacing cables destroyed during a storm or using a stronger roofing material to replace a roof blown off by the storms may be eligible as recovery expenses. Features that are functionally independent, such as a sea wall around a facility, are not eligible under the recovery and rebuilding allocations and would need to be funded through the resilience allocation.
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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.
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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.