Answer:

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

Answer:

Please see FTA’s recent Dear Colleague letter and policy guidance on this question. If the Federal recovery allocation plus any insurance proceeds received together exceed the total amount of estimated damages, FTA will reduce the recovery allocation to equal 100 percent of the estimated damage. A grantee may request that FTA adjust the total damage estimate by submitting evidence of additional damage or increased recovery costs.

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:

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:

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:

FTA only allows a sole source procurement on the basis of “public exigency” or “emergency” during a national or regional emergency or disaster and during the days and weeks immediately following a national or regional emergency or disaster.

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:

No. Only additional service provided on a temporary basis in response to the storm is eligible. For example, additional temporary service on existing routes that are more heavily travelled during evacuation, a bus bridge between rail stations when a section of track is out of service for repairs, or temporary new service to and from an evacuation shelter would be eligible. Running less frequent service on an existing route for any reason is not an eligible expense. For example, operator wages on a regular bus route or rail line that is operating on increased headways due to reduced demand in the aftermath of a disaster is not eligible. Disaster-related costs associated with ramping service up or down, such as putting rolling stock into storage or returning rolling stock to service, are eligible.

Answer:

Yes, because it would be considered an emergency operation outside the scope of your normal operations undertaken to respond to the storm.

Answer:

All Americans with Disabilities Act requirements apply to ER grants and all recovery and resilience projects must be ADA compliant, including “path of travel” requirements when rehabilitating passenger facilities. Applicants should coordinate with their FTA Regional Civil Rights Officer early in the grant development process to ensure all requirements are being met. Repair and rebuilding projects using ER funds should be designed to be compliant with ADA requirements.

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:

Emergency and permanent repairs do not need to be in the TIP/STIP if the repairs do not include changes to the location, capacity, or function of the transit asset.  However, FTA recommends that such repair 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. All other ER projects must be in the TIP/STIP prior to incurring costs.

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.

Answer:

FEMA will close out your grant request and FTA will work with you to develop your grant application. Documentation gathered and developed for FEMA assistance, such as Project Worksheets (PWs) will be accepted as applicable for documents required for FTA ER grants.

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:

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.

Answer:

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.

Answer:

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.

Answer:

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.

Answer:

Generally if the facility was in transit use at the time of the disaster and the facility sustained damage, ER funds will be made available to bring the aspects of the facility that were damaged by the storm up to a state of good repair.
 
For example, if an administrative building was in use by the transit agency and in poor condition but was flooded with 6 inches of water during a the storm, ER funds could be used to repair or replace damaged flooring, drywall, office equipment, etc. at current standards.

If a facility was not in transit use at the time of the damage, whether due to age, condition or other reasons, the damage would not be eligible for repair.  However, ER funds may be available to reimburse for debris removal and other expenses that return the property to a safe status as long as the facility is still owned by the transit agency.