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.
There is no minimum or maximum application amount. However not more than 10 percent may be awarded to a single grantee. Depending on the applications received, FTA may cap awards at a particular amount to ensure a diversity of funded projects.
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.
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:
- is approved by the state to coordinate services for seniors and individuals with disabilities; or
- 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)).
For letters that require an official response, address the letter to the Acting Administrator at Federal Transit Administration 1200 New Jersey Ave., SE Washington, DC 20590. For letters that you wish to have considered as a part of the application, address the letters to the FTA Program Manager.
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.
If an applicant is a direct recipient of FTA funds, then the application should be submitted to the FTA directly. States do not review the applications once they are submitted to FTA. If selected, the project will need to be added to the Statewide Transportation Improvement Program in cooperation with the MPO and/or state DOT.
The state should submit separate proposals on behalf of its small urbanized and rural areas. Each proposal should have its own SF-424 and supplemental form.
The narrative should provide a complete explanation of the need for replacement buses, including any relevant supporting information. Attachments, such as a fleet inventory, vehicle status report, or other documentation, may be used to support the statements in the narrative response.
FTA has defined the criteria for Demonstration of Need in the NOFO, including specific guidance for expansion projects.
Pre-award authority starts on the day the projects are announced on FTA’s website. Projects will not be eligible for reimbursement for expenses incurred prior to the date of announcement.
Please enter a date prior to the facility construction date, such as 01/01/1900, to allow the form to validate.
The FTA Administrator will announce the final project selections on the FTA website.
Eligible applicants are:
- designated recipients
- states and local governmental authorities
- private nonprofit organizations
- operators of public transportation
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.
Only applicants seeking funding for project proposals under the HSCR Funding.
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.
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.
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:
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.
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.
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.