Answer:

No. Designated Recipients are not required to competitively select projects. They must, however, have a process by which projects are selected and ensure this is explained in a program/state management plan. Additionally, a program of projects will be required at the time of grant application. For more information on these two requirements, please see Chapters III and V of FTA Circular 9070.1G.

Answer:

No. FTA will grant States the flexibility of having a single (State) management plan if the States are the designated recipient for large urbanized areas as well as rural and small urbanized areas, so long as it is clear how the program is being managed for the respective population areas The intent of the management plan is to explain to both interested stakeholders as well as FTA how the program will be managed, including how to apply for funding. Therefore, it will be critical for the State, as the large urbanized areas Designated Recipient, to explain this for the respective large urbanized areas for which it has this role.

Answer:

Once management plans are developed, the designated recipient must submit the plan to the appropriate FTA Regional office for approval. The FTA Regional office will provide the designated recipient with an approval letter, which must be maintained on file with the designated recipient.

Answer:

If the project is within the planning boundary of a Metropolitan Planning Organization (MPO), the project has to be in both the TIP and STIP. Projects in rural areas only have to be in the STIP. Depending on State or local requirements, the projects may show on the aggregate (program level) or be listed on the individual project level listing. TIP and STIP listings must be consistent with the metropolitan and statewide transportation plans.

Answer:

No. There is no requirement for Section 5310 grants to go to Department of Labor for certification under MAP-21

Answer:

The clock begins on the date the grant is executed.

Answer:

Yes, when the passengers are individuals with disabilities and the service is part of the coordinated plan.  For purposes of the section 5310 program, FTA has adopted the definition of “disability” as that found in section 3(1) of the Americans with Disabilities Act (42 U.S.C. 12102).  Section 510 of the ADA (42 U.S.C. 12210) provides that the term “individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.  However, a person may be considered an individual with a disability if the person has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs; has otherwise been rehabilitated successfully and is no longer engaging in such use; is participating in a supervised rehabilitation program and is no longer engaging in such use; or is erroneously regarded as engaging in such use, but is not engaging in such use.

In other words, an individual who is not currently using illegal drugs but who is addicted to drugs, has a history of addiction, or who is regarded as being addicted has an impairment under the ADA. In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities.

A person whose addiction to drugs poses a substantial limitation on one or more major life activities is a person with a disability and is eligible to receive transportation through the section 5310 program, including to a drug treatment center.  Recipients are reminded that all section 5310 activities must be part of a locally developed, coordinated plan.

Answer:

It may be possible. However, there are several statutory requirements that need to be met and may preclude the designated recipient from receiving 100% of the area’s apportionment. First, the designated recipient must certify that all projects (including the acquisition of buses) are in a locally developed coordinated plan that was developed and approved by people with disabilities, seniors and the other stakeholder groups as noted in the FTA C9070.1G circular Chapter III 3.b. Second, the designated recipient must certify that at least 55 percent of its apportionment is being used for traditional capital 5310 projects carried out by an eligible recipient or subrecipient. In order for a public entity, such as the designated recipient, to be eligible to administer traditional 5310 projects, it would need to meet one of the following conditions and document it in its application to FTA as well as its program management plan:

1. is approved by the state to coordinate services for seniors and individuals with disabilities; or
2. certifies that there are no nonprofit organizations readily available in the area to provide the services. By services, we mean capital public transportation projects planned designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate or unavailable.

The remainder of the area’s apportionment can be spent on any of eligible types of projects listed in the statute and described in more detail in the circular. Buses are certainly eligible and the designated recipient, as a public entity, could administer those projects. However, the region should confirm that the acquisition of buses and the proposed service they will be used to provide are both (1) included in the coordinated plan and (2) eligible under the program (eligibility is listed in 49 USC 5310 (b)).

Answer:

Under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities (Section 5310) program, 49 U.S.C. 5310(b)(4) provides that the acquisition of public transportation services is an eligible capital expense.  FTA circular 9070.1G provides, on page III-11, the following:

e. Acquisition of transportation services under a contract, lease, or other arrangement. This may include acquisition of ADA-complementary paratransit services when provided by an eligible recipient or subrecipient as defined in section 5 of this chapter, above. Both capital and operating costs associated with contracted service are eligible capital expenses. User-side subsidies are considered one form of eligible arrangement. Funds may be requested for contracted services covering a time period of more than one year. The capital eligibility of acquisition of services as authorized in 49 U.S.C. 5310(b)(4) is limited to the Section 5310 program;

Acquisition of public transportation service, previously known as purchase of service, is the procurement of third party public transportation service by either a recipient or subrecipient.  Passing funds through from the recipient to the subrecipient for an operating project is not considered an acquisition of service.  Additionally, passing funds from a recipient to a subrecipient who in turn passes the funds onto a non-profit agency is not considered an acquisition of service. Only service that is competitively procured is considered an acquisition of service.

Answer:

The FTA Administrator will announce the final project selections on the FTA website.

Answer:

Eligible applicants are:

• designated recipients
• states and local governmental authorities
• private nonprofit organizations
• operators of public transportation

Answer:

Not for the ICAM Pilot Program funding. And, not necessarily for the HSCR Program Funding either. However, applicants for the HSCR will likely be a recipient of 5310 funding as they are required to have a Coordinated Human Service Transportation Plan.

Answer:

Only applicants seeking funding for project proposals under the HSCR Funding.

Answer:

No. Riders requiring accessible vehicles cannot be charged a higher fare. The cost of providing accessible vehicles must be borne by the county’s Guaranteed Ride Home Program.

Answer:

Repair or replacement of an asset that sustained damage or was destroyed after Hurricane Harvey, Irma, or Maria due to the storms weakening or compromising the asset’s structure may be an eligible project if the applicant documents that it made all reasonable attempts to protect and safeguard the asset in the immediate aftermath of the storms to prevent additional waste or loss.

Answer:

The standard value of passenger time in the HMCE tool is pre-set at $15.58 per hour. Consistent with FEMA and DOT guidance, this represents one half of the average national wage, as reported by the Bureau of Labor Statistics. The value allows the HMCE tool to evaluate the benefits of avoided service outages or alternative services, as well as the cost of outages associated with project implementation.Applicants have three options for this value:
Use the standard value in the tool of $15.58 per hour, reflecting 50 percent of the national average wage rate.
Adjust the value to account for regional differences, using regional wage information reported by the Bureau of Labor Statistics.
Based on an analysis of the September 2013 BLS report “Employer Costs for Employee Compensation &mdash September 2013”, Historical Listings through September 2013, and National Compensation Survey data from 2010-2011 for applicable Census regions and combined statistical areas (CSAs, i.e. adjacent metropolitan areas), comparing regional average wage values to the regional average private industry wages resulted in the following adjustments:
Regional:
New England (CT, RI, MA, ME, NH, VT): $18.38 per hour
Mid-Atlantic (NY, NJ, PA): $17.59 per hour
South-Atlantic (MD, DC, DE, VA, NC, etc.): $14.38 per hour

Combined Statistical Areas
Boston-Worcester-Manchester (RI, MA, NH) CSA: $18.80 per hour
New York-Newark-Bridgeport Mid-Atlantic (NY-NJ-CT) CSA: $19.40 per hour
Philadelphia-Camden-Vineyard (PA-NJ-DE-MD) CSA: $17.86 per hour
Washington-Baltimore-Northern Virginia (DC-MD-VA-WV) CSA: $18.25 per hour
Adjust the value to account for regional differences as follows: Calculate one half of the average household income for the applicant’s service area, or for all public transportation users in the applicant’s service area, divided by the average household size for the population used.

Regardless of the approach selected, the same value must be used in all proposals submitted by a single applicant. If an applicant intends to use the third option, additional backup documentation is required, including copies of the applicable census tables, the calculations used, and a brief statement of why one of the other two options is not accurate or sufficient for the analysis. Other alternative approaches are not recommended.

Answer:

It depends upon the size of the vans.
For vehicles with a capacity of more than 16, including the driver, the vehicles must be accessible to and usable by individuals with disabilities, including wheelchair users (49 CFR 37.101(b))
For vehicles with a capacity of 16 or fewer, including the driver, the vehicles must be accessible unless the fixed route system, when viewed in its entirety, provides equivalent service to persons with disabilities, including wheelchair users (49 CFR 37.101(c))
The interaction between the passenger and the service via the app does not make an otherwise fixed route service demand responsive.

Answer:

Federal law mandates that vehicles used for public transit service be accessible. Additionally, ADA regulations require drivers to provide assistance, for example, with securing wheelchairs and helping with other accessibility features. Partial automation (Level 1 / Level 2) does not appear to present any ADA issues or challenges because the driver would still be present. However, for fully automated operations, it is unclear how this assistance could be provided without having an employee in the vehicle.

Some transit agencies have discussed having a non-driving employee available for onboard assistance. Robotic approaches and other technologies solutions have been developed, but more research is needed to determine whether they meet ADA standards and requirements.

Answer:

For all eligible force account and operating expenses, FTA will pay both straight and overtime labor costs.

Answer:

Given the unique eligibility criteria for the Category 1, 2, or 3 grants, FTA will only permit budget revisions that meet the below criteria with prior FTA approval.
Budget revisions will only be permitted to shift funds from an existing Category 2 Activity Line Item (ALI) when a cost-savings is realized to another existing Category 2 ALI, should there be a cost-overrun or need for additional funds.
Grantees will be required to submit documentation demonstrating the cost savings and cost over-run involved in the budget revision.
If the grantee experiences a cost-savings or determines it no longer needs the funds obligated in other ALIs in its Category 1, 2, and 3 grant, then the excess funds will be deobligated. Funds that are deobligated from the grant may be available for future obligation by the grantee, should the grantee have additional eligible recovery costs that cannot be funded by its pro-rated allocation or its insurance proceeds.