Answer:

In addition to allocating funds for expenses under categories 1-3, FTA has allocated approximately $1.4 billion to applicants based on projected overall recovery costs as detailed in damage assessments conducted to date and validated by FTA over the past several months. These allocations were published in the Federal Register on March 29, 2013. Recipients may apply for eligible projects in TEAM up to the total amount awarded.

Answer:

Pre-award authority is available for storm-related expenses beginning on the date disaster preparations began in response to forecasts specific to Hurricanes Harvey, Irma, and Maria. Per 49 CFR 602.11, FTA may approve pre-award authority for projects and expenses that alleviate damage caused during an incident period as defined by FEMA or in anticipation of that incident. When claiming storm-related preparation expenses prior to the arrival of the storm, the grant applicant should include a brief statement that explains the storm-related information they had, when they had it, and the activities/expenses incurred in response to that information. In areas affected by both Hurricane Irma and Hurricane Maria, the applicant must note which storm the emergency operations were in response to.

Answer:

FTA has been working closely with grantees in the storms’ aftermath and has utilized in-house staff and expert contractor support to help conduct and verify the damage assessments that form the basis for reimbursement requests.

To receive FTA ER funding, grantees must comply with ER program requirements as documented in the FTA Emergency Relief Program Final Rule and further explained in the Emergency Relief Manual, and must provide FTA with appropriate documentation in advance of any Federal funds being disbursed.

In addition to FTA’s standard oversight of grantees, FTA reserves the right to conduct more frequent and/or specific assessments as needed.

Answer:

Disability alone does not determine paratransit eligibility; the decision is based on the applicant’s functional ability to use the fixed route bus and is not a medical decision. The Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations in Appendix D to 49 C.F.R. Section 37.125 explain: “The substantive eligibility process is not aimed at making a medical or diagnostic determination. While evaluation by a physician (or professionals in rehabilitation or other relevant fields) may be used as part of the process, a diagnosis of a disability is not dispositive. What is needed is a determination of whether, as a practical matter, the individual can use fixed route transit in his or her own circumstances.” Transit agencies, with input from the communities they serve, devise the specifics of their individual eligibility processes. The DOT ADA regulations in Section 37.125 set only broad requirements that all agencies must incorporate, such as written notification of eligibility decisions and an opportunity for an appeal. This regulation may be accessed here.

Answer:

FTA appreciates that CWP approval is on the critical path to receiving grant funding. We will work with each State to turn around their submittals as quickly as possible. To expedite this process, it is important that States carefully review the CWP template to ensure that all relevant information is provided. Time spent following up with a State for additional information will extend the review and approval time for that State.

Answer:

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 38.23(b)(1), wheelchair lifts must accommodate a design load of at least 600 lbs., with a safety factor of at least six (3,600 lbs.) for working parts, such as belts, pulleys, and shafts that can be expected to wear, and a safety factor of at least three (1,800 lbs.) for nonworking parts, based on the ultimate strength of the material. For vehicles equipped with ramps, the design load must be at least 600 lbs. for ramps in excess of 30 inches in length, with a safety factor of at least three (1,800 lbs.); ramps less than 30 inches in length are required to have a design load of at least 300 lbs. Transit agencies are not prevented from acquiring vehicles and equipment with a higher design load but are not required to accommodate mobility devices that exceed the capacities of their lifts or ramps.

Answer:

Documentation for increased emergency operations costs should be consistent with the requirements described in 83 FR 25104 section II.A and 49 CFR 602.17. Such documentation should include:

• Type and description of emergency operations service, including the storm name and number of people transported (if applicable)
• Dates and hours of emergency service
• Number and type of vehicles utilized
• Total fare revenues collected (if any) during emergency operations
• Payroll summaries for staff during emergency operations period
• Applicable contracts for purchased transportation or other services and materials

Documentation for increased costs for capital projects should include a detailed description of the increased costs, specifying what has changed since the last cost estimate. The description of the increased cost should include the information required by the Emergency Relief Rule at 49 CFR 602.17 and the FTA Emergency Relief Manual section 4.1.2 (Preliminary Field Survey and Damage Assessment Report sub-sections). Any engineering costs required to provide a cost estimate are an eligible ER expense if the costs are allocable to a project that is determined to be eligible under the ER program.

If the increase in cost will not result in a request for funding greater than the amounts allocated, the documentation described above may be included in the grant application.

If the total amount of funding to be requested will exceed the amounts published in Federal Register notice 83 FR 25104, the documentation noted above must be sent to FTA in writing prior to including those costs in a grant application.

Approval of additional allocations may be dependent on availability of funding and other factors to be determined. FTA does not currently have a timeline for the allocation of the remaining emergency relief funding currently held in reserve. FTA will continue to monitor the pace of obligations and disbursements of ER funding allocated to date, as well as any changes to the estimated cost of recovery projects.

Answer:

Work that has been budgeted (but for which an RFP has not been advertised) is eligible for funding under the prorated allocation, not under Categories 1-3. The RFP, when issued, will need to comply with all federal requirements unless FTA issues a waiver to the applicant pursuant to the waiver process detailed in the Notice of Availability of Emergency Relief Funding. Force account work associated with that contract should not be requested under Category 3, unless it has independent utility and is not contingent upon a future contract action.

Answer:

There is no single way to define or quantify the benefits and burdens of a long range plan or TIP. Each community should look to visioning, long range planning, TIP development, and the public participation plan as opportunities to collaboratively define and then implement community priorities regarding environmental justice. For this reason, extensive public involvement is the center piece of the planning process. Benefits and burdens should be locally determined in collaboration with the low-income and minority population in any given community. There is no one-size-fits-all solution. FTA’s and FHWA’s shared planning regulation specifically requires grantees to develop explicit procedures, strategies, and desired outcomes for public involvement, make special efforts to engage members of low-income and minority communities, and periodically evaluate the effectiveness of that engagement from visioning to project development and operations. The fundamental objective of public engagement programs is to ensure that the concerns and issues of everyone with a stake in transportation decisions are identified and addressed in the development of the policies, programs, and projects being proposed in their communities. For many of grantees, engaging EJ populations in the transportation decision-making process is a standard part of their overall public engagement plan that is integrated throughout the process, from the earliest stages (long-range planning, visioning, and scenario planning) through project implementation (construction, operation, and on-going evaluation).

Answer:

If the amounts expended for acquisition of a van is undertaken through a third party leased van, the third party should follow FTA’s Capital Cost of Contracting guidance found in chapter IV, pages 11-13 of FTA circular 9030.1E to determine the amount that can be treated as local match.

Answer:

Yes! Any transit agency impacted by these hurricanes that is an FTA direct recipient, State, or Territory may apply for Emergency Relief funding even if it is not listed as receiving an allocation. If your agency is a subrecipient to another organization that receives FTA funding, you can apply through that organization. Contact your FTA regional office for more information.

Answer:

Yes, however requirements associated with the “shared use” of the facility may be applicable.

Answer:

An EEO Program that meets FHWA’s requirements do not necessarily meet FTA’s requirements, and therefore, it may not be acceptable. However, a State DOT may submit the same EEO Program to FHWA and FTA as long as the program includes all components and information required under FTA’s EEO Circular. Additionally, some State DOT’s may be required to submit an EEO Program to FHWA but not be required to submit to FTA. A State DOT must submit an FTA EEO Program if it meets the two-prong threshold in Circular Section 1.4. State DOT-specific EEO requirements are discussed in FTA EEO Circular Section 1.5. All of the components required in an FTA EEO Program are explained in FTA EEO Circular Chapter 2.

Answer:

In most instances, FTA's eligibility criteria are more flexible than FEMAs. We recommend that grantees first pursue FTA funding. However, if an expense is not eligible under the FTA program, grantees are free to pursue FEMA funds. FTA and FEMA have developed open lines of communication to ensure that project reimbursements are not duplicated and will assist grantees with identifying the proper source for reimbursement to the extent possible.

Answer:

Regardless of the results of the risk assessment, FTA expects the recipient to complete the scope of the Resilience project applied for without expectation of additional Hurricane Sandy funding. FTA may require the recipient to identify additional funding sources if necessary.Regardless of the results of the risk assessment, FTA expects the recipient to complete the scope of the Resilience project applied for without expectation of additional Hurricane Sandy funding. FTA may require the recipient to identify additional funding sources if necessary.

Answer:

Costs incurred for recovery that do not involve substantial changes to the location, capacity, or function of the transit asset do not need to be programmed in the TIP/STIP to be reimbursed.  However, FTA recommends that such projects undertaken more than a year after a disaster be programmed in the TIP/STIP to ensure that projects are planned and funded alongside non-emergency transportation projects within the State and/or metropolitan planning region. Recovery projects that include changes to the location, capacity, or function of the transit asset must be in the TIP/STIP prior to incurring costs.  As of November 1, 2013, resilience expenses must be programmed in the TIP/STIP prior to being incurred.

Answer:

If you are an eligible recipient and have eligible response and recovery expenses not yet reimbursed and you did not receive a pro-rated allocation in the March 29th allocation notice, you may be eligible for these funds. Please contact your regional office (either Region 1, 2 or 3) to apply for these Emergency Relief funds. FTA set-aside two percent, or $28,048,497, for affected recipients that suffered damage as a result of Hurricane Sandy and who may have outstanding expenses. If your request is approved, you will be asked to submit an electronic grant application with the regional office.

Answer:

It is reasonable to expect that transit agencies used (and continue to use) their own staff for response and recovery work. Agencies may have ongoing recovery work for which they continue to use their own forces, as opposed to contractors. Any hurricane response/recovery work done by your staff prior to January 29 would fall into Category 1, since the grantee is simply seeking reimbursement. However, if you have plans to continue to use your staff for recovery work that has not yet occurred, then those expenses are eligible under Category 3, as long as you can show documentation that the work is budgeted and ongoing. By budgeted, we mean an amendment to your budget that shows a line item for hurricane response, or something that shows you’ve moved staff off of regular tasks to hurricane response (Board meeting minutes, etc.). If you cannot show us that you have budgeted for that work prior to the 29th, then that work will still be eligible for reimbursement using the agency’s prorated allocation.

Answer:

Federal procurement regulations neither authorize nor prohibit recipients from approving multiple change orders in a single “blanket approval” action. Although this action is not specifically defined under federal procurement standards, approving multiple change orders in a single “blanket approval” would generally be discouraged, but is not prohibited. There may be situations in which such an action may be reasonable and appropriate. It is important to note that Federal procurement requirements do not explicitly recognize a contractual action termed "Blanket Change Order Approval." If a transit agency’s applicable state and local procurement regulations or policies allow for blanket approvals and the procurement official followed the applicable regulation or policy, then the blanket approval could be a valid procurement method for that particular transit agency.  A transit agency using a blanket approval should identify its authority for doing so in the blanket approval and include the document in the project file.   Likewise, if a transit agency’s procurement regulations or policies do not allow for or address blanket approvals, then a blanket approval would not be a valid procurement method.   

Answer:

It depends on the source and use of funding. Federal public transportation law does not define bike sharing as a form of public transportation; however, the cost of installing bike sharing stations and infrastructure are eligible expenses when functionally related to public transportation. The FTA considers bicycle facilities and improvements to be functionally related to transit when they are located within a three-mile radius of a transit station or bus stop. However, the purchase of bikes for a bike sharing network is not an eligible expense. See FTA’s bicycles and transit webpage for information on how bicycles and transit are a win-win proposition.