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:
If real-time service is provided to eligible ADA paratransit passengers, it must be provided to all eligible ADA paratransit riders, including wheelchair users. This can be accomplished by ensuring that the ridesourcing entity has sufficient accessible vehicles available to provide equivalent service; by contracting with a separate entity to provide accessible vehicles; or most easily by simply incorporating your own accessible paratransit vehicles into the service to be provided by the ridesourcing entity.
Answer:
Such service would most likely be regarded as demand-responsive service to the general public. The service, though not necessarily the ridesourcing vehicles themselves, would have to be accessible to and usable by persons with disabilities, including those who use wheelchairs. For the service to be considered accessible, some vehicles, whether provided by the ridesourcing entity, the transit agency, or another contractor, must be accessible to passengers who use wheelchairs, such that the service to passengers with disabilities is equivalent to that provided to passengers without disabilities.
A transit system partnering with a ridesourcing entity to provide service to and from a commuter rail station, for example, could dispatch accessible vehicles from its own paratransit fleet via the ridesourcing entity’s smartphone app to accommodate wheelchair users.
Answer:
The EEOC requires EEO-4 information from state and local government entities, and therefore, it is likely that all State DOTs, transit agencies, and subrecipients who submit or compile information for the EEOC use EEO-4 forms. All transit agencies and State DOTs that meet the two-prong threshold in Circular Section 1.4 are required to submit Utilization analyses with EEO-4 data to FTA. However, if a subrecipient or contractor uses EEO-1 forms, it must ask its direct recipient whether it prefers the information to be submitted with EEO-1 or EEO-4 categories. If the direct recipient prefers EEO-4 categories, the contractor must transfer the EEO-1 data to EEO-4 categories.
Answer:
In accordance with the answer to the previous question, if a portion of funds are awarded for a project component that must be undertaken by an intercity passenger rail operator, those funds may be transferred to FRA for administration. If such a proposal is submitted as a single project, the applicant must clearly identify the portion of the project proposed to be administered by the intercity rail operator.
Answer:
In general, responses to the evaluation criteria should be concise enough to fit within the space provided on the supplemental form. Additional files may be submitted if necessary for documentation or backup, however, the supplemental form must still contain a complete summary of your response to the criteria. If additional documents are required (e.g. letters of funding commitment, excerpts from plans or studies, engineering documents), these should be referenced specifically in the response to the relevant evaluation criterion.
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:
Yes. Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.127, each public entity required to provide complementary paratransit service must make the service available to visitors as provided under the section. The transit entity must provide service to visitors who present documentation that they are ADA paratransit eligible in the jurisdiction in which they reside, under the criteria of 49 C.F.R. Section 37.125. If a visitor with a disability does not present such documentation, the transit entity may require documentation of the individual’s place of residence and of his or her disability, if the disability is not apparent. A transit operator is not required to provide service to a visitor for more than 21 days during any 365-day period; after that, the visitor may be required to apply for eligibility through the same processes established for residents under 49 C.F.R. Section 37.125.
Answer:
If funding is withdrawn from a resilience project to the extent that a viable resilience project with independent utility will not be completed, costs incurred under pre-award authority for that project will not be eligible for reimbursement.
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:
Any provider of public transportation service is eligible to apply. If your agency is not an active recipient of FTA funding, you must apply in coordination with a current recipient that is willing to receive and administer the award on your behalf. If funds are awarded, you would need to be a subrecipient of the award under the administration of the current FTA recipient. For such cases, applicants should simply provide a letter from a current recipient indicating their willingness to pass the award through to you as a subrecipient. If you are unsure of who can serve as a direct recipient of FTA funds, please contact your regional FTA office. In addition to larger transit operators, this could include State departments of transportation.
Answer:
No. If the project is funded with research dollars, the law permits the Secretary to prescribe terms and conditions for the grant award. FTA has determined the drug and alcohol rules do not apply to these funds, even if the recipient of Public Transportation Innovation (§ 5312) research funds is also a recipient of Urbanized Area (§ 5307), Capital Investment Grant (§ 5309) or Rural Area (§ 5311) funds.
Answer:
Yes, however FTA will only participate in the scope of the project that was funded in the award announcement. In most cases, this scope corresponds with a proposed “scaled” option for the project. Other sources of funding would be required for the other elements of the project. If you are unsure what elements of the project are included in the award, please contact your regional office for additional guidance.
Answer:
Yes. The prohibition on FTA funds being used to pay for the incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on a design team, applies only to grants (including full funding grant agreements) entered into on or after December 4, 2015, regardless of the year the funds were made available. This prohibition also includes grant amendments; open grants may not be amended to include these prohibited costs. A grant that includes these costs may be amended for other purposes consistent with FTA policy, such as to add incremental funding to a full funding grant agreement, but the grant or agreement may not be amended to add or amend these prohibited costs.
Answer:
Yes. “Revenue service” means carrying passengers. Fare-free transit is included in revenue service. However, the service must be public transportation and open to all.
Answer:
If the service operated was altered in some way due to the storm (i.e. extra buses, route changes, extended service hours, etc.) then it would be eligible as emergency operations. If the service operated was regular service on its regular schedule, it would not be eligible.
Answer:
Yes, the local match resulting from private providers’ rolling stock investments qualifies as match for any Chapter 53 grant in the grantee’s area.
Answer:
It is advisable that when a transportation program, plan or project threatens the quality of human health, the grantee should consider reaching out to the local governmental health agency in understanding the need for further investigation. For more information on efforts to account for health in transportation, please see DOT’s “Health in Transportation” web page, hosted by FHWA. To identify public health professionals working in a community, consult the Centers for Disease Control and Prevention and local Public Health Departments from the National Association of County and City Health Officials for state Public Health Departments.
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.