Answer:

The timelines provided in the sample Certification Work Plan (CWP) are examples. Each state should provide its own timeline to indicate when the state and FTA can expect the task identified in the CWP to be completed. In providing a timeline, the state should consider its operating environment, resources, and other circumstances that may affect the state’s timeline. FTA will review the timelines for reasonableness and work with states to determine an appropriate timeline if necessary.

Answer:

Allowable
Not Allowed

Speakers in a transit station, intended to amplify announcements and/or provide background sound (e.g. white noise, music)

Commissioning an original musical composition to be played through speakers in the facility
Arranging and installing colorful or decorative tiles that are available commercially

The incremental cost of hiring an artist to develop the design or arrange the tiles in such a way as to serve a primarily aesthetic purpose

Visually appealing signage directing passengers within or around the facility

Murals, paintings, or other visual installations that are primarily intended to provide visual appeal

Functionally operable gates or fences designed using materials, images, or techniques inspired by local industries

A stone or steel sculpture within a waiting area drawing visitor’s attention to the history of local industry.  If placed on a rail platform or other surface requiring additional support, the cost to reinforce the platform or other surface under the sculpture would not be eligible.

When part of an eligible transit project that includes renovation of an historic transportation facility, restoration of murals, paintings, tiles, or other aesthetic features.

Answer:

No, competitive resilience funding must be used for the project for which it was awarded.

Answer:

No. The transit provider may receive ER funds for emergency protective measures (such as additional security personnel), temporary repairs, and permanent repairs that address the security vulnerability. Reimbursement for property intentionally damaged or stolen is not an eligible expense under the ER program.

Answer:

Principles of environmental justice should be reflected in existing policies, programs, procedures, processes, and accompanying documentation. FTA encourages grantees to pay special attention to low-income and minority populations and fully involve them in the regular activities of the MPO, State, or transit provider.

Answer:

Emergency Relief Operating and Capital Projects that have been validated by FTA for Categories 1-3 do not need to be placed in the TIP/STIP. See February 6, 2012 FRN.Other Emergency Relief projects, including those funded through a pro-rated or future allocation, are subject to the joint FHWA-FTA planning rule (23 CFR 450.324). The joint planning rule requires that capital and non-capital surface transportation projects (or phases of projects) within the boundaries of the metropolitan planning area proposed for funding under 23 U.S.C. and 49 U.S.C. Chapter 53 be included in the TIP (and STIP) prior to incurring costs, unless the project qualifies as one of the exceptions listed in the rule. 23 CFR 450.324 provides that emergency relief projects are not required to be included in the TIP (and STIP) except for those involving substantial functional, locational, or capacity changes.To qualify for this exception, the grantee must certify in writing that the emergency relief project 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 eligible for federal participation. Absent such certification, FTA expects Emergency Relief projects to be included in the TIP/STIP prior to incurring costs. Grantees may petition FTA for a waiver from this requirement by using the FTA docket process outlined in this Q&A document. FTA encourages grantees to work closely with their MPO in determining whether to include emergency relief projects in the TIP, and ultimately in the STIP.Guidance for addressing Resiliency Projects will be forthcoming.

Answer:

Yes. Unless a resilience funding recipient is granted a waiver, all standard planning and grant requirements apply to projects funded through the resilience allocations.

Answer:

Yes. Previously, FTA under certain circumstances permitted an exemption from FTA’s drug and alcohol rules for up to one year for pilot programs run by public transit agencies. FTA has discontinued that exemption, with the exception of allowing already-existing pilot programs that were making use of the exemption to complete their one-year exemption period. Apart from that exception, if a transit agency subsidizes ridesourcing services, the transit agency must either design the service such that the taxicab exception applies, or incorporate the ridesourcing company drivers into the drug and alcohol program.

Answer:

No. For FY 2013 and FY 2014 SSO grant funds, a state does not need to be certified to receive the apportioned funding. However, if a state is not certified, the state must submit a Certification Work Plan (CWP) and have it approved by FTA before applying for and receiving grant funds. FTA developed a recommended CWP template to support this process.

Answer:

Yes, FTA considers accrued costs to have been incurred, and hence are eligible under Category 1. It is our intent that both incurred costs, and incurred and disbursed costs are included in Category 1.

Answer:

No. Category 3 is for work performed by a grantee’s in-house labor force. Work by a grantee's contractor under an existing contract would be Category 2, unless it has been paid to the contractor, in which case it would be Category 1.

Answer:

Yes. EJ requirements apply regardless of the size of the community. There are no situations where EJ considerations do not apply based on population size.

Answer:

FHWA provides a few examples of EJ work related to project development in a rural locale in South Carolina and on tribal lands in Arizona. FHWA case studies can be found here.

Answer:

Yes. FTA will update its Circular 5010.1D, “Grant Management Requirements” and may update other circulars to change references from TEAM to TrAMS and to ensure that information in our circulars is consistent with new grantmaking procedures put in place in TrAMS.

Answer:

No. FTA grant programs provide Federal financial assistance to public transit operators. Funding for private individuals may be available through State vocational rehabilitation programs, the Department of Veterans Affairs, or other individual funding sources. Many automobile manufacturers also offer rebates or reimbursements on adaptive modifications to new vehicles.

Answer:

FTA has determined, in consultation with Council on Environmental Quality, that the requirements of the National Environmental Policy Act (NEPA) do not apply for Category 1, 2 or 3 projects as these are activities that were already complete, in process, or committed to as of January 29th. However, FTA has determined that other related environmental statutes, such as Section 106, do not apply to Category 1 expenses, but may apply to Category 2 and 3 expenses. For any questions relating to NEPA, please contact the FTA Regional Office.For any other Sandy-related expenses that will be funded with future allocations (e.g. pro-rated allocation) outside of Categories One, Two, and Three, normal NEPA requirements (and related statutes) apply. It is probable that many recovery projects funded from a prorated or future allocation will fall under FTA’s Emergency Categorical Exclusion (Emergency CE) or another of FTA’s newly revised CEs. Resiliency projects might not fall under one of FTA’s CEs and may require further environmental documentation to be in compliance.

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 basis (i.e., at any time tomorrow in response to a request made today). Section 37.133 permits the use of subscription service (i.e., trips provided to eligible ADA paratransit riders who make trips on a repeated or recurring basis, such as to school, work, religious services, dialysis treatment, etc.), as long as it does not absorb more than 50% of the available trips at a given time of day. Section 37.133(b) permits a transit operator to provide subscription service above the 50% ceiling if it finds it has excess capacity available (i.e., all requests for next-day service are met, and capacity to provide additional trips remains). If, after constant monitoring, it finds next-day requestors are being denied trips, the operator must either increase its passenger carrying capacity or reduce the number of subscription trips. Note that subscription service is discretionary and is not mandated by Section 37.133. Whether to provide subscription service beyond the 50% ceiling, or whether to provide subscription service at all, is entirely within the transit agency's discretion.

Answer:

The Circular does not eliminate the use of “thresholds” for determining the presence of an EJ population. The Circular cautions grantees not to be too reliant on thresholds to serve as a “bright line” for identifying impacted populations. A very small minority or low-income population (statistically “insignificant”) in the project, study or planning area does not eliminate the possibility of a disproportionately high and adverse effect on these populations. For instance, you could have a project with a geographic unit of 20% EJ population, which may not trigger further analysis compared to a 35% regional EJ population. Disregarding that geographic unit could be short sighted because it is possible there could be a disproportionate impact on the 20% EJ population for a given factor. If you were strictly enforcing a 50% EJ population threshold, this area would have been missed. EJ determinations are ultimately based on effects, not on population size; therefore, it is important to consider the comparative impact of an action among different population groups. Furthermore, meaningful identification and public involvement of EJ populations is the core principle of an effective EJ analysis.

Answer:

No. FTA’s EJ Circular 4703.1, published in August 2012, does not introduce new requirements. FTA developed the Circular to clarify existing requirements, reiterate the importance of environmental justice considerations in transportation planning and project development, and to focus attention on examples of good practice.

Answer:

Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations cover both public and private entities; however, the Federal Transit Administration’s (FTA) oversight authority extends only to public entities. For ADA issues involving private transportation, such as charter, tour, and motor-coach companies, please contact the U.S. Department of Justice. Information on how to file a complaint may be found on the U.S. Department of Justice ADA homepage at http://www.ada.gov. You may also reach them on their toll-free, ADA Information Line: 1-800-514-0301 (TDD 1-800-514-0383).