Answer:

Yes. Web-based information management systems used to develop or carry out the SSO program are allowable expenses.

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:

The HMCE tool is designed to accurately interpolate between two or more events with increasing total damages and increasing recurrence intervals (RIs). So for a scenario where a 100-year event causes more damage than a 200-year event; the HMCE tool would not accurately interpolate between the events and would underestimate the actual project benefits. Therefore, to produce accurate results in the HMCE tool, we recommend the following:
If there are only the two known RI events, then input only the 100-year event as a known RI event and omit the 200-year RI event to avoid an undercounting of project benefits and explain your reasoning in the documentation.
If there are three more events including the two known RI events, then input all the events as unknown RI events and let the tool estimate the RIs and group the results.

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:

Yes, it can be assumed that certain assets would experience increased utilization during a 100-year storm event; however, data documentation must be provided to support this assumption indicating 1) the historical precedence for the assumption, 2) the estimated level of increased utilization, and 3) the basis for the estimated increase. In general, assumptions based on predicted behavior will require much more stringent documentation than for historic events.

Answer:

Yes, a project that prevents disruptions in the case of a disaster, even if an asset is not damaged, could be eligible. For example, a hurricane might submerge the entrance to a bus depot, thereby affecting service but not damaging the facility.
Regarding nuisance events, please be aware that funding in this program is designed to minimize impacts or prevent damage from infrequent extreme weather events and other disasters, which generally means those with a recurrence interval of 10 years or more. A project that protects assets against exposure to typical weather, but has no benefit in a disaster scenario, is not eligible for resilience funding. However, 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.

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.

Answer:

No. The transit provider may receive ER funds for emergency protective measures (such as additional security personnel), temporary repairs, and permanent repairs that address the security vulnerability. Reimbursement for property intentionally damaged or stolen is not an eligible expense under the ER program.

Answer:

Emergency Relief Operating and Capital Projects that have been validated by FTA for Categories 1-3 do not need to be placed in the TIP/STIP. See February 6, 2012 FRN.Other Emergency Relief projects, including those funded through a pro-rated or future allocation, are subject to the joint FHWA-FTA planning rule (23 CFR 450.324). The joint planning rule requires that capital and non-capital surface transportation projects (or phases of projects) within the boundaries of the metropolitan planning area proposed for funding under 23 U.S.C. and 49 U.S.C. Chapter 53 be included in the TIP (and STIP) prior to incurring costs, unless the project qualifies as one of the exceptions listed in the rule. 23 CFR 450.324 provides that emergency relief projects are not required to be included in the TIP (and STIP) except for those involving substantial functional, locational, or capacity changes.To qualify for this exception, the grantee must certify in writing that the emergency relief project does not involve substantial functional, locational or capacity changes and that the local share is available. The Grantee must submit this documentation to FTA in order for the project to be eligible for federal participation. Absent such certification, FTA expects Emergency Relief projects to be included in the TIP/STIP prior to incurring costs. Grantees may petition FTA for a waiver from this requirement by using the FTA docket process outlined in this Q&A document. FTA encourages grantees to work closely with their MPO in determining whether to include emergency relief projects in the TIP, and ultimately in the STIP.Guidance for addressing Resiliency Projects will be forthcoming.

Answer:

FTA has determined, in consultation with Council on Environmental Quality, that the requirements of the National Environmental Policy Act (NEPA) do not apply for Category 1, 2 or 3 projects as these are activities that were already complete, in process, or committed to as of January 29th. However, FTA has determined that other related environmental statutes, such as Section 106, do not apply to Category 1 expenses, but may apply to Category 2 and 3 expenses. For any questions relating to NEPA, please contact the FTA Regional Office.For any other Sandy-related expenses that will be funded with future allocations (e.g. pro-rated allocation) outside of Categories One, Two, and Three, normal NEPA requirements (and related statutes) apply. It is probable that many recovery projects funded from a prorated or future allocation will fall under FTA’s Emergency Categorical Exclusion (Emergency CE) or another of FTA’s newly revised CEs. Resiliency projects might not fall under one of FTA’s CEs and may require further environmental documentation to be in compliance.

Answer:

FTA prior approval is not needed for force account plans (including justifications for use of force account) for purposes of emergency response and recovery work. Grantees are encouraged to update force account plans as needed for response and recovery projects on which force account labor will be used. For force account work to qualify for an allocation under Category 3, there needs to be evidence that the grantee had budgeted the expense prior to January 29, 2013.For more information about Force Account Plans, please see FTA Circular 5010.1D, "Grant Management Requirements, October 1, 2008, Chapter IV (PDF)."

Answer:

No. The HMCE tool treats expected damages and historic damages in the same manner to estimate project benefits. However, because expected damages and historic damages are determined differently, there are different rules for their use (described below), and the HMCE tool cannot conduct an analysis based on a combination of expected and historic damages.
Historic damages are based on records from actual past disaster events. Since the recurrence intervals (RIs) of historic damage events may be known or unknown, the HMCE tool is capable of conducting analyses of historic damages with events of known RIs, unknown RIs, or a combination unknown and known RIs. (Refer to the HMCE Tool User Guide for additional details.) Historic damages must be documented based on damage reports, insurance claims, or other historic records.
Expected damages are based on damages predicted from a theoretical model or engineering analysis. For this reason, expected damages tend to be more difficult to justify than historic damages, and unlike historic damage events, the RIs of expected damage events must be known. The HMCE tool is capable of conducting analyses of expected damages with one or more events of known RIs. (Refer to the HMCE Tool User Guide for additional details.) Expected damages must be documented based on complete theoretical damage models, engineering analysis, or applicable historic damages with similar characteristics.

Answer:

MAP-21 included a new provision specific to vanpool services. The law allows a vanpool provider to use revenues in excess of its operating expenses to acquire rolling stock as long as the private provider and the grantee enter into an agreement that specifies the private provider will use the rolling stock in the grantee’s service area. Therefore, the amount in excess revenues and other capital, less operating expenses and any governmental assistance could be used by the grantee as a credit toward the local match.

Answer:

Yes.  Prior to 2013, federal transit law permitted the use of FTA grant funds for costs associated with including art in public transportation projects. This was one of several types of projects termed “transit enhancements” for which transit agencies were required to spend a certain amount of their FTA formula grant funds.
Beginning in FY 2013, federal transit law no longer included art as an eligible project expense. (49 U.S.C. 5302, as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), P.L 112-141.) In response to this change, FTA advised that while works of art not integral to a facility, such as sculptures, would no longer be eligible, transit agencies could continue to use FTA funds to support the employment of an artist as a member of a design team, or other costs associated with art, provided that the artistic elements were integrally related to the facility or served a functional transit-related purpose.
With the enactment of the Fixing America’s Surface Transportation Act (FAST Act), P.L. 114-94, in FY 2016, Congress established a new prohibition on the use of FTA funds for “incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team.” (49 U.S.C. 5323(h)(2) as amended by FAST.)

Answer:

As authorized by Congress, upon appropriation of Emergency Relief funds FTA has primary responsibility for reimbursing emergency response and recovery costs after an emergency or major disaster that affects public transportation systems. FTA works closely with FEMA and grantees to make sure that FTA ER funds do not go toward expenses that have already been reimbursed by any other Federal agency.

Answer:

FTA’s ER program functions on a reimbursement basis. The allocation specifies the maximum amount currently available to each State/Territory/jurisdiction based primarily on their proportionate share of emergency expenses and damages to their public transportation assets and infrastructure arising from Hurricanes Harvey, Irma, and Maria.

For recovery projects, FTA staff worked closely with transit officials in the affected regions ahead of the hurricanes’ landfall to advise them of ER program requirements and ensure they had the knowledge and resources in place to carefully track emergency expenditures for potential reimbursement.  For resilience projects, specifically, to receive FTA ER funding, the State or Territory must also prepare a program of projects and submit it to FTA for advance review and approval before moving forward with expenditures.

As grants applications are developed, FTA will review the proposed activities to ensure they are only used for eligible purposes and are in compliance with all applicable Federal requirements.  FTA will also include special grant conditions for all Hurricane Harvey, Irma, and Maria Emergency Relief funds.

Once projects are awarded in grants, recipients are required to submit Federal Financial Reports and Milestone Progress Reports to FTA to provide information about the status of the projects.  FTA will also undertake additional oversight, including Triennial Reviews and State Management Reviews and other reviews as necessary.

For resilience projects, specifically to receive FTA ER funding, the State or Territory must prepare a program of projects and submit it to FTA for advance review and approval before moving forward with expenditures.

Answer:

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.131(e), complementary paratransit service must be available during the same days and hours that fixed route service operates. Thus, if an individual can travel from a given origin to a given destination on a particular fixed route at a certain time of day, a paratransit eligible person must also be able to travel from the same origin to that same destination on paratransit at that time of day. Because paratransit service is required to be available during the same hours and days as the fixed route system, and because not all fixed routes will necessarily be operating at a given time on a given day, the shape of the paratransit service area can be expected to change accordingly. For example, it is common for certain routes to not run late at night. Those routes, and their associated paratransit corridors, do not need to be served with paratransit when the fixed route system is not running on them.

Answer:

Public policies at the federal, state, and local levels can foster coordination through funding requirements, offering incentives for improvements in coordination, and requiring transportation and human service providers to demonstrate strategies and efforts to coordinate resources at the local level.
Interested organizations and individuals can contact their state to ascertain what plans and actions are being planned and implemented for human service transportation coordination at the state and local levels.
Locally, consumers should be actively involved in the planning and development of human service transportation services, including the development of policies and programs at all levels.
Efforts to expand the availability and accessibility of transportation services should cut across age and disability boundaries and seek to include such rider groups as older adults, people with disabilities, and individuals with lower income.

Answer:

Mobility management is eligible as a capital expense and can be used to coordinate new mobility services with traditional public transportation and other alternative services. The purpose of mobility management is to improve coordination among existing public transportation providers and other transportation service providers in order to expand the availability of transportation options. The FTA supports the National Center for Mobility Management, which provides technical assistance.  

Answer:

SSO Formula Grant Program funds may be used to develop or carry out SSO programs under MAP-21. Funds may be used for operational and administrative expenses, including training, travel and equipment. States must follow the guidance provided in the Federal Register notice, Frequently Asked Questions (FAQs), CWP Template, and other guidance on the SSO Program webpage. While the responses below are intended to clarify common questions about eligible activities, FTA will review each proposed grant activity during the grant application process and will make specific eligibility determinations at that time.
States must comply with 49 C.F.R. Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and 2 C.F.R. Part 225 (PDF). Specific questions should be directed to the appropriate regional office.