Answer:

No. Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations do not limit the number of service animals that may accompany a single individual. As long as an animal meets the definition of a service animal and is kept under the control of the rider, a transportation provider may not refuse to carry the animal. It is possible that an individual might have service animals that are trained to provide different tasks.

Answer:

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.125(i), a transit provider may require an individual to indicate whether he or she travels with a personal care attendant (PCA) as part of the initial eligibility process. The transit entity is also permitted to make further inquiries regarding the individual’s actual need for a PCA. When making any such inquiries, it is important to note an individual’s need for a PCA may be unrelated to the trip itself, and that the passenger may not require the assistance of a PCA while onboard the vehicle. Because of the nature of typical PCA functions, it is most likely that the services provided by a PCA would be required throughout the day at the passenger’s destination. All that is required is that the passenger establish that he or she requires a PCA, and for the PCA and the passenger to be traveling together between the same points. If the rider does not indicate the use of a PCA, then any individual accompanying him or her will be regarded simply as a companion.

Answer:

Yes. A transit system may set a minimum age limit for children riding without a parent or guardian present; this is a local decision. The policy must apply equally to both paratransit and fixed route.

Answer:

No. A transit provider may not deny transportation to a rider whose wheelchair or mobility device does not have functioning brakes. Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.3, a “wheelchair” is defined as “a mobility aid belonging to any class of three or more-wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered.” The ADA regulations do not specify any particular equipment required for personal mobility devices, including brakes. Moreover, it will often be impossible for transit personnel to observe whether a passenger’s wheelchair is equipped with brakes. Most power wheelchairs are equipped with electromagnetic brakes that engage automatically, and are completely internal to the drive system with no visible parts.

Answer:

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.5(e), a transit entity is prohibited from requiring that an individual with disabilities be accompanied by a personal care attendant (PCA). Transit entities are also not required to provide PCA services. This provision must be considered in light of the fact that under 49 C.F.R. 37.5(h), an entity may refuse service to someone who engages in violent, seriously disruptive, or illegal conduct. If an entity may legitimately refuse service to someone, it may condition service to him on actions that would mitigate the problem. The entity could require a PCA as a condition of providing service it otherwise had the right to refuse. However, a transit entity cannot refuse to provide service solely because an individual’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience the entity or other persons.

Answer:

Yes. Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 38.23(b)(11), the lift must permit both inboard and outboard facing of wheelchair and mobility aid users. Appendix D to Section 37.165 further specifies that a transportation entity should respect the passenger’s preference for entering a lift platform and vehicle in a particular direction (e.g., entering facing forward or backing on), except where the only way of successfully maneuvering a device onto a vehicle or into its securement area requires a particular orientation or an overriding safety concern (i.e., a direct threat) exists. Given that lifts have been required to accommodate passenger facing either direction since 1991, it is unlikely that successful boarding would require a particular orientation. In any event, the passenger would be in the best position to determine which direction is best suited for boarding under their specific circumstances. A “direct threat” represents a clear and present danger to the health or safety of others; by definition, a direct threat cannot exist on the basis of presumptions about persons with disabilities or their mobility devices. It is difficult to envision circumstances under which the direction that a passenger faces when boarding would constitute a direct threat.

Answer:

Yes, under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.131(b)(2), a complementary paratransit entity may negotiate pickup times with an ADA paratransit eligible individual, up to one hour before or after the individual’s desired departure time. Any deviation from this one-hour window would exceed the bounds of comparability. This means that in the event an individual accepts and takes a trip negotiated to begin more than one hour before or after his or her desired departure time, the transit operator must still record a denial based on its inability to provide the trip within the timeframe specified under DOT ADA regulations.

Answer:

No. This Competitive Resilience NOFA is for resilience projects only, which may include upgrades or other improvements to existing assets. Recovery project should be funded from the initial Category 1-3 allocations or the pro-rated recovery allocations published by FTA on March 28, 2013 and May 29, 2013. If an agency has repair and recovery costs exceeding the amount that has been allocated to date (less any insurance settlements), they should discuss this with FTA.

Answer:

Yes, an applicant may apply for funding for a project that has previously been funded through FTA’s Emergency Relief Program or other programs, however, the funds must be for elements of the project for which funds are currently not obligated. This includes projects that are in the design or engineering stages for which federal funding has been received or resiliency components of a federally funded recovery project if the applicant can demonstrate it has not received sufficient funding from FTA already to carry out the resiliency components. Note that FTA will not allocate competitive resilience funds in cases where they would displace other Federal funds that have been obligated on existing projects. Projects funded from local or state funds may not be eligible if they did not receive FTA pre-award authority or if they do not comply with Federal requirements.

Answer:

The applicant must demonstrate that they have the financial capacity to complete the resilience project. If a resiliency projects is dependent on another project being implemented, the applicant must demonstrate they have funding committed (whether federal, state or local) to carry out the other project.

Answer:

Yes. Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.121 require paratransit fares to be comparable to the fare for a trip between the same points on the regular fixed route transit system. “Comparable” is defined in DOT ADA regulations at 49 C.F.R. Section 37.131(c) as not more than twice the fare that would be charged to an individual paying full fare for a trip of similar length, at a similar time of day, on the entity’s fixed route system, exclusive of discounts.

Answer:

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.131(b), paratransit service must be provided to eligible individuals on a next-day response time. While transit systems are permitted to use real-time scheduling, it is not required. Where same-day service is provided, it is often a premium service. Because paratransit is a shared ride, allowing riders to change their drop-off locations on the same day to make intermediate stops could lead to late pickups or drop-offs for other riders.

Answer:

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.131(c)(3), a personal care attendant (PCA) may not be charged a fare for complementary paratransit service. Under 49 C.F.R. Section 37.123(f)(1)(ii), a companion (i.e., friend or family member) does not count as a PCA unless the companion is actually acting in the capacity of PCA. PCAs may be charged a fare on fixed route. While some transit systems go beyond the minimum requirements of the ADA and allow PCAs to ride for free, there is no requirement that they do so.

Answer:

Yes. The projects must have been completed according to all applicable requirements, but because pre-award authority has been extended back to the date on which preparations for the storms began, repair projects that have already been completed are eligible for reimbursement.

Answer:

Please coordinate with your Regional Office regarding the exact circumstances of your State. In most cases the Regional Office will be expecting a designation letter from the Governor to accompany the grant application.

Answer:

No. We appreciate that several States are still working to identify the source of their local matching funds; however, a State cannot apply for a grant under FTA's MAP-21 SSO program while, at the same time, receiving funding from the rail transit agency. However, no State or any other agency should deprive a SSOA of the funds it needs to ensure the safety of public transportation during this transition period. FTA therefore expects a clear transition plan for the SSOA to attain financial independence.

Answer:

States will submit a schedule and budget as part of the grant application. In order for the grant to remain active, States must demonstrate adequate progress toward their objectives, based on the schedule and budget submitted.

Answer:

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

Answer:

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:

Yes, you may apply for multiple resilience projects in a single grant if the period of performance is similar and the combination will not delay obligation or disbursement of funds for a project due to federal requirements such as environmental work.