Frequently Asked Questions
These Frequently Asked Questions (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:
In general, the acquisition of spare parts is an eligible capital expense under FTA’s Emergency Relief program. Pursuant to the May 29, 2013 Federal Register Notice, FTA will review proposed local priority resiliency projects based on information included in the program of projects, including the resiliency justification. The acquisition of additional spare parts may be justified in cases where an extreme weather event or other emergency would accelerate the consumption of particular parts (e.g. replacement parts for modular flood barriers or pump equipment), where spare parts likely to be affected by an emergency require extended lead times, or where a higher standing inventory of a particular item has been otherwise identified as necessary as a result of Hurricane Sandy. Provisions of the DOT Common Grant Rule 49 CFR Part 18 Section 18.32 apply to the acquisition of spare parts.
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No, under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.5(d), an entity may not impose special charges, not authorized by this part, on individuals with disabilities for providing services required by this part or otherwise necessary to accommodate them. Section 37.125 requires each operator of complementary paratransit to establish an eligibility process. The details of the process are developed at the local level by transit operators and the communities they serve. As Appendix D to Section 37.125 explains, however, the process developed may not impose unreasonable administrative burdens on applicants, and may not involve “user fees” or application fees to the applicant. This section prohibits applicants from having to pay for transportation to and from an assessment, as the assessment is part of the eligibility process.
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Yes, because it would be considered an emergency operation outside the scope of your normal operations undertaken to respond to the storm.
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The 100% Federal share is only for specific emergency operations and emergency protective measures incurred between October 30- November 14, 2012 in affected areas in CT, NY, and NJ. These costs include: evacuations; rescue operations; moving rolling stock to higher ground in order to protect it from storm surges; additional bus or ferry service to replace inoperable rail service or to detour around damaged areas; returning evacuees to their homes after the hurricane; and the net project costs related to reestablishing, expanding, or relocating public transportation service before, during, or after the hurricane. Eligible costs include emergency protective measures (capital projects) intended to protect transit infrastructure from Hurricane Sandy and that were undertaken to respond to the immediate aftermath of the storm. Eligible costs incurred prior to October 30, 2012 or after November 14, 2012 are eligible for reimbursement at a 90% Federal share.
Answer:
Force account is the use of a grantee’s own labor force to carry out a capital project. Force account work may consist of design, construction, refurbishment, inspection, and construction management activities, if eligible for reimbursement under the grant. Incremental labor costs from flagging protection, service diversions, or other activities directly related to the capital grant may also be defined as force account work.Documentation can include a force account plan for the work accomplished or planned, or any other documentation that reflects that in-house labor forces were "budgeted" as of January 29th to accomplish the work.
Answer:
Transit operators are responsible for submitting and pursuing insurance claims for covered damages consistent with their policy and coverage. FTA’s allocations of ER funding are intended and designed to supplement a transit agency’s insurance coverage, and are subject to estimates of the amount of insurance proceeds an agency expects to receive, as well as the amounts eventually received under a claim. Each application for FTA ER funds requires that the applicant attach any insurance policies that may cover damage to the assets for which the applicant is requesting ER funding.
Answer:
The Section 5309 program, from which the VTCLI grant funds come, allows in-kind contributions and the market value of real property integral to the project to be counted as cash toward local share but does not allow volunteer drivers as an eligible source of local match.
From State Transit Guidance:
In-Kind and Other Soft MatchIn limited circumstances, local governments and other agencies may use in-kind and/or other contributed services as soft match for projects. Office space, staff services, contract expenses, and other local operating costs may be allowable in-kind match to certain grant funded projects . . . . . In addition, real property may also be used toward the local share of certain capital projects. (Resource Guide for Transit and Transit-Related Programs, Florida DOT, p. 17, December 2005. http://www.floridartap.org/pdfs/TransitResourceGuide.pdf (PDF))
Contact Us: VeteransTransportation@dot.gov
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The complexity of operating in an urban environment is complicated by multimodal interactions with bicycles, emergency vehicles, pedestrians, etc. A fully-automated transit vehicle would need to be able to distinguish between bystanders and would-be passengers, who are actively walking toward the vehicle or waiting at a designated stop.
FTA is exploring potential non-technical challenges, such as federal policies regarding procurement, accessibility, labor, and other topics. The existing policies were all written with the assumption of a human operator.
Answer:
Funds allocated for response, recovery, and rebuilding may be used for eligible expenses according to statute and FTA regulation, including:
- Repair / replacement of damaged or destroyed assets to a state of good repair;
- Emergency operating expenses for evacuations, temporary emergency service, disaster preparation, and temporary repairs/protective measures.
Funds allocated for resilience projects may be spent on capital projects that are designed and built specifically to address existing and future vulnerabilities to damages from disasters. Please see FTA’s Emergency Relief Manual for further detail.
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The VTCLI grant program can be used for capital expenses of a one-call center such as hardware, software, in-vehicle technology, facility-related costs, engineering and design.
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FTA and FHWA’s shared planning regulation, found at 23 CFR 450 outlines federal expectations for statewide and metropolitan planning agencies in effectively engaging the public, including low-income and minority communities. Planning agencies are required to evaluate the effectiveness of these strategies and, where necessary, improve public involvement processes to eliminate participation barriers and engage minority and low-income populations in transportation decision making. Grantees should develop and implement strategies for meaningful engagement of the community, including members of EJ populations as a part of the planning process. Through effective public engagement grantees are able to identify and understand the needs of the community as a whole, and incorporate those needs into transportation plans and programs. FTA’s regulation outlines MPO requirements for producing public participation plans with specific outreach strategies for transportation plan and program development that “describe explicit procedures, strategies, and desired outcomes for” public engagement, which includes low-income and minority populations, as well as a process for periodically evaluating the effectiveness of these outreach strategies. Direct outreach to individuals and engagement with organizations that represent members of the EJ community are methods to determine the needs and concerns of environmental justice populations. Reaching out to the EJ populations in their community is critical. Public engagement is not a one-size-fits-all approach and should be scaled to the specific impacts of the proposed action, as well as the resources available. Many agencies rely on formal meetings as the foundation of their public engagement plans because these are often required by law; however, agencies should consider going beyond the traditional methods of public outreach to incorporate innovative approaches that leverage the ever-changing communications environment in which we live. Effective communication methods include distributing flyers at the local community center, churches, or grocery stores, and posting information on vehicles, at bus stops, transit stations, and other locations frequented by riders. Materials also should be prepared for persons with limited-English proficiency. “Meaningful public engagement” does not mean that every issue or concern raised by the community must be resolved. However, it does mean that grantees work diligently to engage in a meaningful public dialogue with the communities impacted by the proposed action, listen to what they have to say, respond to their comments and concerns, and incorporate their comments into the transportation decision-making process where practicable.
Answer:
FTA recognizes that landscaping is an integral and functional element of many transit facilities. For example, landscaping can be used to aid in the absorption or drainage of storm water, prevention of erosion, support of structures on a steep grade, minimization of noise impacts, protection of habitat, provision of shade in hot climates, channeling of pedestrian or vehicle traffic, definition of publicly accessible and inaccessible areas, and many other purposes. In interpreting the term “functional landscaping” under this provision of law, FTA draws a similar distinction, as with art, between functionally appropriate landscape design and landscape elements installed solely for visual or aesthetic appeal.
For example, an eligible landscaping expense would include the installation of shade trees near a passenger station entrance. Likewise, FTA would allow the use of grant funds to install dense shrubs surrounding the area containing the transit system’s electrical equipment. FTA would expect the grantee to select particular varieties of trees and shrubs that are well-suited for the particular location and climate.
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For the purposes of the EEO Program, "requests or receives" means the FTA formula or competitive grants that an entity was awarded in the previous fiscal year for capital, operations, or planning expenditures. For this monetary threshold, FTA is not interested in the expenditures or grant drawdowns by an agency.
Answer:
If the expenses have already been paid out of a contingency in the budget, then they are Category 1 expenses and do not require documentation of budgeting, which is for future expenditures. For future expenditures to be paid from a contingency, there should be some documentation showing either budgeting or approval of the use of the contingency line item (Board meeting minutes, for example). This documentation should be included in the initial proposal.
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Communities with existing one-call centers are encouraged to apply for a VTCLI grant to expand their services. Such communities should detail how the planning and design process will incorporate veterans groups and needs that have not been addressed by the current one-call services.
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For the ABFE+1/FEMA Best Available+1 requirement, applicants must submit documentation showing that they have identified the appropriate flood hazard area and the best available base flood elevation for the project location, or locations, as applicable. Applicant must also provide an explanation of how a proposed project was designed to make the asset resilient based on this flood hazard information. Applicants should cite the relevant FEMA map source and/or FEMA flood insurance study for the project location.
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Commuter highway vehicle and vanpool vehicle are vehicles with seating capacity for at least six (6) adults (not including the driver); and at least 80 percent of the mileage use can be reasonably expected to be for the purposes of transporting commuters in connection with travel between their residences and their places of employment.
Answer:
The Federal Transit Administration’s (FTA) Emergency Relief (ER) Program is authorized by Congress and enables FTA to reimburse public transit operators in the aftermath of an emergency or major disaster to help pay for protecting, repairing, or replacing equipment and facilities that may suffer or have suffered serious damage. The program also funds the operating costs of evacuation, rescue operations, or temporary public transportation service during or after an emergency.
Under the ER Program, FTA may make grants for capital projects to protect, repair, or replace damaged assets, and for operating expenses incurred while responding to a declared emergency or major disaster.
Answer:
In the spring of 2014, FTA extended pre-award authority for costs associated with the environmental review, as well as design and engineering expenses for selected projects. These costs may remain eligible for reimbursement or may count towards the local match, regardless of the date incurred. Pre-award authority for other costs is extended as of September 22, 2014.
Consistent with FTA policy on pre-award authority, a project must have met all applicable Federal requirements prior to incurring expenses. The recipient assumes all risk and is responsible for ensuring that all applicable federal program and grant requirements are met to retain eligibility. Recipients are also advised that incurring certain project costs prior to NEPA completion may render the entire project ineligible for Federal assistance. Therefore, FTA strongly encourages all recipients to consult with the appropriate FTA regional office regarding the anticipated environmental review requirements and the applicability of Federal conditions and requirements before incurring expenses under pre-award authority with the hope of future reimbursement.
Note that any expenses incurred for projects that were NOT selected may not be reimbursed under the Emergency Relief program, but may be eligible for reimbursement under FTA formula programs such as Section 5307.
Answer:
FTA encourages the use of a wide variety of tools to engage the public. Social media should not replace traditional public meetings, but can be a very useful supplement that provides greater opportunity to engage the public. Be sure to establish a policy (it can be brief) to outline expectations for users about how their input will be considered and whether comments submitted via social media are considered “official” comments and will be included in the administrative record. TCRP Synthesis Report 99, Uses of Social Media in Public Transportation provides helpful case studies and information.