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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Heavy maintenance generally refers to occasional or periodic maintenance on facilities, such as track work, or cleaning a station and making minor repairs to that station after the storm, as opposed to restoring vehicles to operable status. Repairing vehicles seriously damaged in the storm to an operable status is an eligible expense.
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FTA encourages the use of a locally developed threshold, such as that used for FTA’s grant program, or a percentage of median income for the area, provided that the threshold is at least as inclusive as the U.S. Department of Health and Human Services (HHS) poverty guidelines. Public Law 112-141 (MAP-21), revises 49 U.S.C. § 5302 to include a definition of “low-income individual” to mean “an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2), including any revision required by that section, for a family of the size involved.” The definition in chapter 53 does not have broad applicability to FTA or DOT programs, such as Title VI and Environmental Justice. FTA’s Title VI circular uses the more narrow definition: a person whose median household income is at or below the HHS poverty guidelines. This is the same definition DOT uses in the environmental justice order and other documents. In FTA’s Environmental Justice circular, we encourage recipients to use a more inclusive definition, but do not require the more inclusive assessment as long as the HHS poverty guideline is applied.
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Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.3, “service animal” is defined as “any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.” DOT ADA regulation 49 C.F.R. Section 37.167(d) requires transit entities to permit service animals to accompany individuals with disabilities in vehicles and facilities. Appendix D to Section 37.167 contains further important information on service animals. It is important to note that while the U.S. Department of Justice has amended the definition of “service animal” for purposes of its ADA regulations under Titles II and III of the ADA, for state and local governments and places that are open to the public, the definition under DOT ADA regulations for transportation has not changed. Therefore, members of the public may find that some service animals may no longer be considered service animals once they leave a transportation system.
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The Coordinating Council on Access & Mobility (CCAM) is an interagency federal national initiative that supports states and their localities in developing coordinated human service delivery systems. In addition to state coordination grants, CCAM provides state and local agencies a transportation-coordination and planning self-assessment tool, help along the way, technical assistance, and other resources to help their communities succeed.
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The unit of geographic analysis is the area impacted by the proposed action. Depending on the nature of the proposed action, the unit of geographic analysis may be a governing body’s jurisdiction, a transit provider’s service area, a neighborhood, Census tract, or other similar unit. However, when establishing the boundaries of the geographic unit, grantees will want to be careful not to choose boundaries that artificially dilute or inflate the affected minority population and/or low-income population. Through the statewide or metropolitan planning processes, FTA recommends that grantees conduct an evaluation of the system-level EJ impacts of a collection of projects in the long-range plan. When projects move from a long-range plan into the short-range Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP), they are assumed to be reasonably assured of funding and ready for implementation. At that point, for projects that include Federal funds or involve a Federal approval, local agencies and project sponsors are required to evaluate the projects under NEPA. When considering EJ principles for individual projects, the geographic unit for comparison may need to be smaller than the entire geographic area covered by the long-range plan depending on the project and its likely impacts. Grantees will want to make sure that aggregating results at the regional level does not obscures critical local details. Grantees are encouraged to work closely with the FTA Regional Office in establishing an appropriate unit of geographic analysis.
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The term ‘private provider of public transportation by vanpool’ means a private entity providing vanpool services in the service area of a recipient of assistance under Chapter 53 using a commuter highway vehicle or vanpool vehicle.
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Local (municipal/state) statutes or regulations, or company policy, will generally determine whether a taxi company or shared mobility operator provides shared-ride or exclusive-ride service. Not all shared mobility services are shared-ride services. For example, if the local regulation or company policy permits the driver to determine whether or not a trip may be shared (for example by declining to accept an additional passenger where there is capacity) the service is not shared-ride. Similarly, if the regulation or policy requires the consent of the first passenger to hire a taxi or shared mobility operator to be obtained before the taxi or shared mobility operator may take on additional riders, the service is not shared-ride.
In essence, services which can be reserved for the exclusive use of individuals or private groups, either by the operator or the first passenger’s refusal to permit additional passengers, is exclusive-ride service, and is not shared ride. Not every trip needs to be shared-ride in order for a provider to be considered a shared-ride operator, but the general nature of the service must include shared rides. A recipient passing funds through to a taxi company or shared mobility operator should request documentation from the company to assure the company is providing shared-ride service.
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Executive Order 13330, signed by President Bush on February 24, 2004, established the Interagency Transportation Coordinating Council on Access and Mobility (CCAM), which was originally chaired by former Secretary of Transportation Norman Y. Mineta. The Council’s purpose is to coordinate the 130 federal programs across nine federal departments that provide funding to be used in support of human services transportation. The Council is comprised of 11 CCAM members, including the U.S. Departments of Transportation, Health and Human Services, Labor, Education, Housing and Urban Affairs, Agriculture, Justice, and Interior and the Veterans Affairs, the Social Security Administration, and the National Council on Disabilities.
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Funds made available for the FTA Emergency Relief Program are available until expended, and thus do not have a lapse date. Once obligated, funds must be expended within 24 months. FTA is working to resolve questions and concerns regarding this issue and will post information as it becomes available.
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The FHWA and FTA joint planning rule (23 CFR 450.324) provides that "emergency relief projects" that do not involve substantial functional, locational, or capacity changes are not required to be included in the TIP/STIP. For purposes of FTA's Emergency Relief Program (ERP), "emergency relief projects" may include recovery funded projects, and if applicable, integral resiliency-elements for the said specific recovery projects. Generally, it does not apply to stand-alone or auxiliary resiliency projects funded out of a project sponsor's local priority resiliency allocation or future competitive resiliency allocations. For these category of projects and others that would not qualify under the exception, grantees must ensure the projects funded under this program are included in the TIP and STIP prior to incurring costs.To qualify for this exception, the grantee must certify in writing that the project funded under FTA’s ERP 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 considered eligible for federal participation. If a Grantee is unsure whether a project qualifies as one of the exceptions, it should contact the FTA. If during the grant award process the FTA determines that the exception does not apply to a specific project that the Grantee certified, then that project must be programmed on the TIP/STIP. Absent a certification stating that the project qualifies as one of the exceptions or a previously issued waiver, the FTA expects projects funded under FTA’s ERP be included in the TIP/STIP prior to incurring costs.
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Recipients affected by Hurricane Sandy may request an FTA Administrator determination that certain terms and conditions not apply when the requirement(s) will limit a recipient’s or sub-recipient’s ability to respond to an emergency or major disaster. Recipients must follow the procedures as set forth in 49 CFR part 601, subpart D when requesting such a determination or seeking a waiver of administrative requirements. The docket is available on www.regulations.gov, and the docket number for calendar year 2013 is FTA–2013–0001. More information is available in the Notice of Availability of Emergency Relief Funding.
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FTA does not require a stand-alone EJ analysis for the S/TIP. Chapter IV of the Circular describes how environmental justice considerations at the planning level, which extend to the S/TIP, are addressed primarily through data collection and comparative analysis, and public engagement.
As projects are prioritized from the plan into the S/TIP, and then selected from the S/TIP for implementation, it is assumed that a S/TIP would be equally reflective of EJ considerations as the plan from which it is derived. FTA expects that projects that primarily benefit an EJ community would be equally likely to move forward into implementation as any other project.
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Congress appropriated $330 million for FTA’s Emergency Relief Program in the Bipartisan Budget Act of 2018 (Public Law 115-123), signed into law on February 9, 2018.
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There is no fixed starting date for eligible costs, since different parts of the region may have started preparations at different times. Costs that were incurred in preparation for the storm's landfall during the time that the storm was forecast to hit an affected area are eligible for reimbursement at a 90% Federal share under this announcement unless otherwise noted.
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In general, when a public transit passenger randomly chooses from among a number of taxicab companies providing service, the testing regulations do not apply. The rationale for this is the practical difficulty of trying to administer a drug and alcohol testing program in connection with multiple companies. An example of this scenario is a guaranteed ride home program, in which the transit agency contracts with multiple (two or more) taxicab companies in the area and a passenger may choose which taxicab company to contact to get a ride home.
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FTA defines transit bus automation as the operation of a transit vehicle in mixed traffic or a dedicated right-of-way (e.g., bus lane) in which at least one element of vehicle control (e.g., steering, speed control) occurs without direct driver input. There are five levels of automation from SAE Level 1, (i.e. driver assistance), up to Level 5 (full driverless automation). For the STAR plan, FTA defines bus broadly, to accommodate a range of vehicle designs and capacities, but in line with 49 CFR 665.5 : “Bus means a rubber-tired automotive vehicle used for the provision of public transportation service by or for a recipient of FTA financial assistance.”
While related to connected vehicles, automated vehicles are not the same. Connected vehicles use communications technologies to share information between vehicles or between vehicles and infrastructure. Connectivity can serve as an input to automation technologies, but connected vehicles are not necessarily automated, and vice-versa.
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Labor costs that can be directly allocated to emergency operations are eligible. This includes straight-time and over-time. Stand-by time is eligible as long as the stand-by time expenses were incurred for an eligible activity, for example operators placed on stand-by for evacuations or temporary service. Leave (administrative or personal) taken during the emergency is not an eligible expense. Accrued leave and other fringe benefits earned by hourly employees are eligible if the expenses can be allocated to an eligible ER activity and an indirect cost rate is not applied to the grant. Fringe benefits for all salaried employees, as well as straight-time labor for salaried management are not eligible as a direct cost. Over-time for salaried management may be eligible as reimbursement for emergency operations if the over-time can be allocated to eligible activities.
Indirect costs, which may include non-allocable fringe benefits, are an eligible expense and may be applied to the grant if the applicant has an approved Cost Allocation Plan or Indirect Cost Rate Proposal, or the applicant may use the de minimis rate if eligible. Please see section 4.1.3 “Eligible Projects and Costs” of FTA’s Emergency Relief Manual for more information.
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FTA does not require that any NEPA work be completed prior to applying. However, applicants should have a reasonable understanding about the NEPA class of action required for the project, as this will allow them to develop an appropriate project timeline. If a project is selected, agencies are advised to consult with FTA prior to grant submittal and indicate in the grant submission if a 4(f) or Section 106 review will be needed.
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Emergency and permanent repair projects may qualify for a C-List or D-List Categorical Exclusion if they do not involve changes to the capacity, location, or function of public transportation assets. Please see section 4.2.4 “National Environmental Policy Act Review Process” in FTA’s Emergency Relief Manual for details.
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Transit automation has the potential to provide benefits to both urban and rural areas. Given the lower population density of rural areas, the specific automation technologies and the implementation of those technologies in rural areas may require different approaches from urban technologies. Automation technologies could make certain types of transit service in rural areas more cost-effective. For example, cost effectiveness may be achieved through the use of smaller vehicles more suited to rural areas. Automation may also lead to greater cost-effectiveness through the use of such services as on-demand shared rides with flexible routing. Rural areas may be well-suited to benefit from transit bus automation use cases such as automatic driver assist systems (ADAS), automated ADA paratransit, and mobility-on-demand shared ride services, among others. Overall, transit bus automation will improve geographic and temporal access to transit because of the associated cost savings and the capability to provide new service models, such as late-night and off-peak service.