Part 1. TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 31. PUBLIC TRANSPORTATION
The Texas Department of Transportation (department) adopts amendments to §31.1, Scope and Purpose, §31.2, Organization, §31.3, Definitions, §31.11, Formula Program, §31.16, Section 5309 Grant Program, §31.17, Section 5316 Grant Program, §31.18, Section 5317 Grant Program, §31.21, Section 5303 Grant Program, §31.22, Section 5313 Grant Program, §31.26, Section 5307 Grant Program, §31.31, Section 5310 Grant Program, §31.36, Section 5311 Grant Program, §31.37, Rural Transit Assistance Program, §31.40, Public Involvement, §31.41, Private Sector Participation, §31.42, Standard Federal Requirements, §31.43, Contracting Requirements, §31.44, Procurement Requirements, §31.47, Audit and Project Close-Out Standards, §31.48, Project Oversight, §31.53, Maintenance Requirements, and §31.57, Disposition, all concerning public transportation. Sections 31.17, 31.18 and 31.42 are adopted with changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8751). Sections 31.1 - 31.3, 31.11, 31.16, 31.21, 31.22, 31.26, 31.31, 31.36, 31.37, 31.40, 31.41, 31.43, 31.44, 31.47, 31.48, 31.53 and 31.57 are adopted without changes and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
In recent months, the Federal Transit Administration (FTA) undertook an analysis and review of its regulations to eliminate duplication and unnecessary requirements, to update and clarify its rules, and to bring them into conformity with the new federal statute, Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, August 10, 2005).
The amendments align text with updates made by FTA and SAFETEA-LU. Changes in language are also made to enhance readability and clarity, to improve grammar, to update citations, and to be consistent with the Code Construction Act, Government Code, Chapter 311.
Amendments to §31.1, Scope and Purpose, add references to Transportation Code, Chapters 458 and 461 to accurately reflect the statutes that provide the authority for 43 TAC Chapter 31.
Amendments to §31.2, Organization, add paragraph (10) to list the additional responsibilities of the department to encourage the coordination of public transportation services to eliminate waste, to generate efficiencies that will permit increased levels of service, and to further the state's efforts to reduce air pollution. This new responsibility is mandated by Transportation Code, Chapter 461.
Amendments to §31.3, Definitions, clarify and expand existing definitions and conform definitions more closely to existing practice, federal standards, and state law.
Amendments to §31.3(3), Authority, add coordinated county authority to the list of agencies to bring the term into alignment with state statute and its use within 43 TAC Chapter 31.
Amendments to §31.3(7), Common rule, bring the term into alignment with federal regulations by adding 49 CFR Part 19 as it applies to grants given to institutions of higher education, hospitals, and other non-profit organizations.
Amendments to §31.3(8), Contractor, adds "or grant agreement" to correspond to the terminology used within 43 TAC Chapter 31.
New §31.3(19), "Farebox revenues", is added to align with the terminology used in federal regulations and replaces former definition "Revenue" at §31.3(62).
Subsequent paragraphs are renumbered.
Amendments to §31.3(34), Local governmental entity, add coordinated county authority to the list of agencies to bring the term in alignment with its use within 43 TAC Chapter 31 and to comply with Transportation Code, Chapter 457.
Amendments to §31.3(38), Mobility management, delete "Chapter 5300 et.seq" and replace it with "Section 5301 et seq." to correctly reference the federal statute and conform to language in SAFETEA-LU.
Amendments to §31.3(40), Net operating expenses, is amended by replacing "operating revenues" with "farebox revenues" to correspond with the renaming of "revenues" to "farebox revenues" in definition §31.3(19).
Amendments to §31.3(45), Obligated funds, adds "or grant agreement" to correspond to the terminology used within 43 TAC Chapter 31.
Amendments to §31.3(52), Public transportation, add language to mirror the definition of the term as used in state statute, Transportation Code, Chapter 461, and bring the term into alignment with its use within 43 TAC Chapter 31.
Section 31.3(62), Revenues, is deleted as the term has been renamed "Farebox revenue" and is defined at §31.3(19).
Section 31.3(65), Ridesharing activities, is deleted as the term is outdated. Due to rapidly changing technology and innovation in, as well as the economics of, the transit industry, this industry term no longer needs to be defined so specifically.
Subsequent paragraphs are renumbered.
New §31.3(75), U.S. DOT, is added to define the acronym U.S. DOT as the United States Department of Transportation. This acronym is used extensively throughout 43 TAC Chapter 31.
Amendments to §31.11(b)(1) and (2) delete outdated references to fiscal year 2007.
Amendments to §31.11(g), Application, deletes an obsolete reference to a federal statute.
Amendments to §31.16(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which the section applies and add the acronym U.S. DOT. Additionally, the amendments delete the reference to loans because loans are no longer authorized under Section 5309 of the Federal Transit Act.
Amendments to §31.16(d), Local share requirements, reflect tapered federal match as allowed by SAFETEA-LU and update the term "toll credits" to "transportation development credits" as renamed by SAFETEA-LU.
Amendments to §31.17(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which the section applies and add the acronym U.S. DOT.
Amendments to §31.17(e), Eligible subrecipients, add private for-profit operators as eligible recipients of funds to subsection (e)(1) and delete subsection (e)(2). Section 31.17 was adopted prior to the FTA issuing a federal circular for this program and as such, subsection (e)(2) was drafted specifically to address private for-profit operators. With the issuance of the federal circular for the Job Access Reverse Commute (JARC) program, subsection (e)(2) is no longer needed. Subsection (e)(3) is renumbered.
Amendments to §31.17(f)(2)(A) and (B) delete the reference to federal circular 9030.1C in §31.17(f)(2)(A) and, in §31.17(f)(2)(B), delete that reference and replace it with 9050.1. With the issuance of a federal circular for the JARC program, the former references are no longer valid.
Amendments to §31.17(j)(3) change that provision to mirror the language set forth in SAFETEA-LU regarding the transfer of funds between urbanized and nonurbanized categories within the JARC program. Due to these amendments, §31.17(j)(4) is deleted because it is no longer needed. Subsequent paragraphs are renumbered.
Amendments to §31.17(m), Incidental vehicle use, change the provision to reflect the most recent guidance issued by FTA in the recently issued federal circular 9050.1 and align the language with other programs in 43 TAC Chapter 31 having the same federal provision basis.
Amendments to §31.18(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which this section applies and add the acronym U.S. DOT.
Amendments to §31.18(e), Eligible subrecipients, add private for-profit operators as eligible recipients of funds to subsection (e)(1) and delete subsection (e)(2). Section 31.18 was adopted prior to the FTA issuing a federal circular for this program and as such, subsection (e)(2) was drafted specifically to address private for-profit operators. With the issuance of the federal circular for the New Freedom program, subsection (e)(2) is no longer needed. Subsection (e)(3) is renumbered.
Amendments to §31.18(f)(2)(A) delete the reference to federal circular 9070.1E and, in §31.18(f)(2)(B), delete that reference and replace it with 9045.1. With the issuance of a federal circular for the New Freedom program, the former references are no longer valid.
Amendments to §31.18(m), Incidental vehicle use, change that provision to reflect the most recent guidance as issued by FTA in the recently issued federal circular 9045.1 and aligns the language with other programs in 43 TAC Chapter 31 having the same federal provision basis.
Amendments to §31.21(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which this section applies and add the acronym U.S. DOT. This section is also amended to reflect changes in SAFETEA-LU regarding the federal statutory sections that govern the authorization and apportionment of funds.
Amendments to §31.21(c)(2) change that provision to reflect the change in codification of the planning program from 49 U.S.C. §5313 to 49 U.S.C. §5304.
Amendments to §31.21(d), Local share requirements, clarify that U.S. DOT funds are not eligible as local match for this program.
Amendments to §31.22(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which this section applies and add the acronym U.S. DOT.
Amendments to §31.22(b) and (c) change the citations to federal provisions to reflect the change in codification of the planning program from 49 U.S.C. §5313 to 49 U.S.C. §5304.
Amendments to §31.22(c), Local share requirements, align the provision with federal regulations to allow a lower match requirement as authorized in FTA Circular 8200.1 and clarify that U.S. DOT funds are not eligible as local match for this program.
Amendments to §31.26(e)(1) change the reference to the paragraphs that provide an exception to the general rule due to the deletion of paragraph (5). Paragraph (5) is deleted because it refers to federal fiscal years 2003 and 2004 and is obsolete.
Amendments to §31.31(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which this section applies, add the acronym U.S. DOT, and add the word "individuals" to better describe the population to whom §31.31 applies.
Amendments to §31.31(b), Goal and objectives, substitutes "individuals" for "persons" to better describe the population to whom this section applies. The amendments to §31.31(b)(4) delete the reference to performance goals and management objectives. The requirement of performance goals and management objectives for this program was removed in a previous rulemaking, however, this particular reference was inadvertently overlooked and is now being deleted.
Amendments to §31.31(e)(1) delete the word "will" and replace it with "may" to reflect the flexibility in programming of federal funds for state administrative expenses. This paragraph is also amended to delete the requirement of a federal match and clarify the non-federal match in alignment with provisions of SAFETEA-LU.
Amendments to §31.31(e)(2)(A) add clause (xvi) to add mobility management and coordination programs as an eligible capital expense in alignment with provisions of SAFETEA-LU and federal regulations.
Amendments to §31.31(e)(2)(C) align the provision with federal regulations to allow a lower match requirement as authorized by SAFETEA-LU and FTA Circular 9070.1F. This subsection is also amended to reflect the most current edition of the FTA federal circular.
Amendments to §31.31(f), Local share requirements, deletes a cross-reference which is no longer needed as a result of deleting the referenced language in the previous section.
Amendments to §31.31(g), (h), and (j) add the word individuals to better describe the population to whom the section applies.
Amendments to §31.31(k), Program of projects, change the reference in this subsection to reflect the most current edition of the FTA federal circular.
Amendments to §31.31(m), Meal delivery, change the subsection title and reflect the most recent guidance as issued by FTA in the revised federal circular 9070.1F, aligning the language with other programs in 43 TAC Chapter 31 that have the same federal provision basis.
Amendments to §31.36(a), Purpose, change the citation to accurately reference the provision of the Federal Transit Act to which the section applies and add the acronym U.S. DOT.
Amendments to §31.36(e)(2)(A) add new subclauses (xx) and (xxi) to add mobility management and crime prevention and security as eligible capital expenses in alignment with provisions of SAFETEA-LU and federal regulations.
Amendments to §31.36(e)(2)(C), (e)(3), and (e)(4) change these provisions to align them with federal regulations to allow a lower match requirement as authorized by SAFETEA-LU and FTA Circular 9040.1F.
Amendments to §31.36(f), Local share requirements, delete the requirement that local funds must be from sources other than unrestricted federal funds. This deletion brings this section into alignment with federal regulation which does not restrict the local sources.
Amendments to §31.36(g), Allocation of funds, change the provision to reflect the most current edition of the FTA federal circular, add the acronym U.S. DOT, and delete outdated references to fiscal year 2007.
Amendments to §31.37, Rural Transit Assistance Program, change the section name "Rural Transit Assistance Program" to "Rural Transportation Assistance Program" to align with SAFETEA-LU.
Amendments to §31.40, Public Involvement, change the section to reflect a change in the CFR number as a result of federal rulemaking implementing SAFETEA-LU changes. Similarly, the program sections referenced in new paragraphs (1) - (6) detail the established programs within SAFETEA-LU that call for public involvement in the planning requirements. The existing requirement of annual FTA certifications and assurance is moved to new paragraph (6).
Amendments to §31.41, Private Sector Participation, correct an omission in the current section by adding a reference to 49 U.S.C. §5306, which addresses private sector participation in the metropolitan planning process supported by 49 U.S.C. §5303 funds, and reflect wording changes in SAFTEA-LU.
Amendments to §31.42(a), Purpose, delete the term "recipient" and replace it with a more detailed phrase describing those grantees to whom this section applies. Changes are made in §31.42(a)(3) and (4) to reflect program name changes by SAFETEA-LU. An update §31.42(a)(6) is made by replacing Section 5313 with Section 5304 to reflect the change in the federal section that refers to the State Planning and Research program. Lastly, this section is amended by adding the two newest FTA programs authorized by SAFETEA-LU: the Job Access and Reverse Commute and New Freedom programs.
Amendments to §31.42(b), Requirements, change the subsection to provide a comprehensive list of the current federal statutes and regulations that apply to programs funded under the Federal Transit Act and administered through the department.
Amendments to §31.43(c), Subcontracts, replaces the word "contract" with the word "grant" to be consistent with how the department describes the mechanism by which funds are granted. Updating to the term grant also better distinguishes what is being described in this section as the term contract is frequently used with different meanings.
Amendments to §31.44(b)(3) align the records retention period with that currently used by the department. This change will allow better tracking of assets as recent events have determined that information regarding a procurement activity is needed far longer than three years after procurement. Maintaining procurement information for the life of an asset plus an additional three years will provide valuable information when a determination must be made regarding the disposition, transfer, or other handling of an asset.
Amendments to §31.47(b)(3) clarify the starting point for retaining records. As one of the funding partners in a project, the department may, and at times does, issue its final payment on a project prior to project completion. The revised text clarifies that record retention begins upon grant close-out, not final payment.
New §31.47(b)(3)(D) is added to qualify that procurement record retention is not covered under this section. A cross-reference to the procurement section is also added to clarify that procurement record retention for capital projects has a different retention period as addressed under §31.44.
Amendments to §31.48(a), Purpose, clarify that this section applies to designated recipients and subrecipients.
Amendments to §31.48(b)(5) delete specific references to certain FTA programs. Text is added to clarify that all designated recipients, as well as subrecipients, are required to submit operations reports as required by federal and state statute.
New §31.48(b)(5)(A) reflects changes brought about by SAFETEA-LU requiring reporting of rural information to the National Transit Database. Subsequent subparagraphs are relettered.
Amendments to §31.48(b)(7) delete the reference to an obsolete TAC section.
Amendments to §31.48(c), Department monitoring, make changes to better describe the action needed to comply with the rules. Examples of how communication may be conducted include, but are not limited to, discussions at conferences, training venues, teleconferences, phone, email, workshops or written correspondence.
Amendments to §31.48(c)(1) delete specific references to certain FTA programs as federal law dictates that all FTA funded public transportation providers comply with civil rights.
Amendments to §31.48(c)(2)(B) clarify which programs do and do not fall under FTA testing standards. With the two newest FTA programs, JARC and New Freedom, and with successes from regional coordination efforts which place multiple funding streams into a coordinated system, clarification is needed regarding those instances in which a transit provider does or does not fall under FTA drug and alcohol testing standards.
Amendments to §31.48(c)(5) change the section referenced from §31.53(c) to §31.53(d) due to relettering of §31.53.
Amendments to §31.48(c)(6), Incidental vehicle use, revise paragraph (6) to reflect the most recent guidance related to the use of vehicles purchased with applicable federal or state funds as issued by FTA in the revised federal circulars, aligning the language with other programs in 43 TAC Chapter 31 having the same federal provision basis.
Amendments to §31.48(d)(1) and (2) delete language regarding an appeals process to the Texas Transportation Commission (commission). The former language specified actions that are outside of the statutory responsibilities of the commission and inconsistent with current department practice. The department will respond to requests for review by simple notification and request from a subrecipient.
Amendments to §31.53(b), Real property, change the subsection title and clarify that this section also applies to facilities in accordance with current department practice.
Amendments to §31.53(c), Equipment, create a new §31.53(d), from the last sentence from subsection (c). This alteration is needed so that the provisions listed in §31.53(d) apply to real property and facilities in addition to equipment in accordance with federal regulations. Paragraph (3) of subsection 31.53(d), regarding provisions for accessible equipment, is restated as simply provisions for accessibility so that the phrase is generic to all applicable circumstances.
Amendments to §31.57(d)(1) and (2) correct federal statutory references and clarify that the department will consult with FTA if applicable.
The Public Transportation Advisory Committee met on January 11, 2008 to review the draft rules and by motion recommended to the commission that the amended rules be filed with the Office of the Secretary of State.
COMMENTS
No comments on the proposed amendments were received.
Subchapter A. GENERAL
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 455, 456, 458, 460, and 461.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 1, 2008.
TRD-200800567
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Effective date: February 21, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 455, 456, 458, 460, and 461.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 1, 2008.
TRD-200800568
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Effective date: February 21, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 463-8683
43 TAC §§31.16 - 31.18, 31.21, 31.22, 31.26, 31.31, 31.36, 31.37
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 455, 456, 458, 460, and 461.
§31.17.Section 5316 Grant Program.
(a) Purpose. Section 5316, Federal Transit Act (49 USC §5316), authorizes the Secretary of the U.S. DOT to make grants for public transportation projects for access to jobs and reverse commute purposes. The commission has been designated by the governor to administer the Section 5316 program, known as the Job Access and Reverse Commute program, or JARC, in areas less than 200,000 population.
(b) Goal and objectives. The department's goal in administering the Section 5316 program is to promote the availability of public transportation services targeted to employment and employment-related transportation needs. To achieve this goal, the department's objectives are to:
(1) promote the development of employment transportation services throughout the state, in partnership with local officials, public and private non-profit agencies, and operators of public transportation services;
(2) fully integrate the Section 5316 program with other federal and state programs supporting public, employment, and human service transportation;
(3) foster the development of local, coordinated public and human service transportation service plans from which JARC projects are derived;
(4) support local economic development; and
(5) improve the efficiency and effectiveness of the Section 5316 program through the provision of technical assistance.
(c) Department role. The department acts as the designated recipient for Section 5316 funds apportioned to the state for all urbanized areas less than 200,000 population and all nonurbanized areas. The subrecipient shall retain control of daily operations.
(d) Project types.
(1) Job access projects include:
(A) financing the eligible costs of projects that provide public transportation services targeted to welfare recipients and eligible low-income individuals;
(B) promoting public transportation use by low-income workers, including the use of public transportation by workers with nontraditional work schedules;
(C) promoting the use of employer-provided transportation, including the transit pass benefit program under Section 132 of the Internal Revenue Code of 1986;
(D) supporting mobility management and coordination programs among public transportation providers and other human service agencies providing employment or employment-related transportation services; and
(E) otherwise facilitating or providing transportation for employment or employment-related purposes by welfare recipients and low income persons.
(2) Reverse commute projects include:
(A) subsidizing the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces;
(B) subsidizing the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace;
(C) supporting mobility management and coordination programs among public transportation providers and other human service agencies providing employment or employment-related transportation services; and
(D) otherwise facilitating or providing public transportation services to suburban employment opportunities.
(e) Eligible subrecipients.
(1) State agencies, local governmental authorities, private nonprofit organizations, private for-profit operators, and operators of public transportation services are eligible to receive Section 5316 funds through the department.
(2) Applicants who are subrecipients of public transportation funds through another program administered by the department must be in good standing with the department as defined in §31.3 of this chapter.
(f) Eligible assistance categories.
(1) State administrative expenses. The department may use up to 10% of the annual federal apportionment for urbanized areas less than 200,000 population and nonurbanized areas to defray the expenses incurred for the planning and administration of the Section 5316 program. State administrative and technical assistance expenses do not require a non-federal match.
(2) Capital expenses.
(A) Eligible items are:
(i) buses, vans, or other paratransit vehicles, fare boxes, wheelchair lifts and restraints;
(ii) equipment for transporting bicycles on public transit vehicles;
(iii) radios and communication equipment;
(iv) equipment installation costs;
(v) vehicle procurement, testing, inspection, and acceptance costs;
(vi) preventive maintenance, including all maintenance costs;
(vii) vehicle rebuilding or overhaul;
(viii) capital and operating support including computer hardware or software, with prior department approval;
(ix) transit-related intelligent transportation systems;
(x) the introduction of new technology, through innovative and improved products, into public transportation;
(xi) passenger shelters, bus stop signs, and similar passenger amenities, with prior department approval;
(xii) mobility management;
(xiii) the lease of vehicles or equipment, provided that the subrecipient, with the concurrence of the department, determines that a lease is more cost effective than purchase after considering management efficiency, availability of equipment, staffing capabilities, and guidelines on capital leases as contained in 49 CFR Part 639;
(xiv) the capital portions of costs for service under contract; and
(xv) the provision of Americans with Disabilities Act of 1990 (ADA) paratransit service directly related to fixed route JARC services, which shall be used only by subrecipients that are in compliance with ADA requirements for both fixed route and demand responsive service.
(B) Reimbursement rates.
(i) federal funds may be used to reimburse up to 80% of eligible capital expenditures;
(ii) the federal share may increase to up to 90% for incremental costs related to compliance with the Clean Air Act or with the ADA; and
(iii) eligibility standards for the higher federal share are defined in FTA Circular 9050.1, or its latest version.
(3) Project administration. Administrative costs associated with a JARC project are eligible for a federal reimbursement rate of 50%.
(4) Planning activities. The federal reimbursement rate is 80%. Planning activities may include:
(A) studies relating to management, operations, and capital requirements;
(B) evaluation of previously funded projects; and
(C) other similar or related activities prior to and in preparation for the undertaking or improvement of JARC-eligible services.
(5) Marketing projects. The federal reimbursement rate is 80%. Marketing activities may include:
(A) market research;
(B) production of route maps and schedules;
(C) information delivery;
(D) website development;
(E) advertising;
(F) promotion of the use of transit vouchers by welfare recipients and eligible low income individuals; and
(G) promotion of employer-provided transportation, including the Internal Revenue Service's transit pass benefit.
(6) Operating expenses. Operating expenses are reimbursed at 50% of net operating expenses. Operating expenses are those costs directly tied to systems operations. FTA Circular 9030.1C or its latest published version shall be the guide for determining eligible operating expenses. Examples are:
(A) fuel;
(B) oil;
(C) driver, dispatcher, and mechanic salaries;
(D) purchase of service; and
(E) purchase of vouchers.
(g) Ineligible expenses include:
(1) construction, except for passenger shelters, signage, and similar passenger amenities specifically approved by the department;
(2) extended vehicle warranties;
(3) purchase and/or maintenance of vehicles intended for private use;
(4) purchase of transit passes for use on fixed route or ADA complementary paratransit services; and
(5) other FTA-prohibited expenses.
(h) Local share requirements.
(1) Eligible match sources include local, state, or federal programs, including funds disbursed from the Texas Workforce Commission, local workforce development boards, human service agencies, and the Medicaid Medical Transportation Program. Unrestricted federal funds are also eligible as match, such as Temporary Assistance for Needy Families (42 USC 603(a)(5)(C)(vii)). With prior department approval, in-kind contributions, volunteer services, and donations directly attributable to the project are eligible as local share if the value is documented.
(2) Other U.S. Department of Transportation program funds cannot be used as the local share required for Section 5316 grants. Fares cannot be used as match for any expense but must, instead, be used to determine the net operating expense to reduce the amount of requested reimbursement.
(i) Planning requirement.
(1) Projects submitted in response to the department's call for projects must be derived from a locally developed, coordinated public transit-human service transportation plan. The plan must be developed through a process that includes representatives of public, private, and nonprofit transportation and human service providers and participation by the public.
(2) The commission supports the development of regional service plans that respond to the department's charge in Transportation Code, §461.004 to identify:
(A) overlaps and gaps in the provision of public transportation services, including services that could be more effectively provided by existing, privately funded transportation resources;
(B) underused equipment owned by public transportation providers; and
(C) inefficiencies in the provision of public transportation services by any public transportation provider.
(3) The commission anticipates that the regional service planning process will be used to meet the requirements of the local coordinated planning process described in paragraph (1) of this subsection. Regions interested in participating in the JARC program shall develop and prioritize Section 5316 projects in response to the employment transportation deficiencies identified in the regional planning process and documented in the plan.
(4) A JARC project must:
(A) contain goals and objectives;
(B) discuss rider origination location and employment and employment-related destinations and how the project fills the transportation gap;
(C) describe how it implements the regional service plan;
(D) describe the role of the local workforce development board or its service provider in developing the project;
(E) explain how the project will maximize use of existing transportation service providers;
(F) provide a cost estimate; and
(G) identify match sources including employer-provided or employer-assisted transportation service strategies incorporated in the project.
(j) Allocation of funds. As part of its administration of the Section 5316 program, the department is charged with ensuring that there is a fair and equitable distribution of program funds within the state (49 USC §5316(f)(2)).
(1) The department will act as the designated recipient for projects in urbanized areas of less than 200,000 population and in nonurbanized areas. Of the amount apportioned to these areas by FTA's annual publication in the Federal Register, the department may use up to 10% of the total for its administrative, planning, and technical assistance activities to support the JARC program statewide.
(2) The department will allocate the remaining Section 5316 funds to subrecipients through a statewide competitive selection process.
(3) Unless the governor certifies that all program objectives are being met, funds apportioned to urbanized or to nonurbanized areas will be available only to fund projects in urbanized or nonurbanized areas, respectively.
(4) The origination location of the riders, not their destination, shall be the basis for determining which apportionment the department uses to fund an approved project.
(5) At a minimum, the department will publish a notice in the Texas Register soliciting proposals for the award of Section 5316 JARC grants. An eligible entity may submit a proposal for an eligible project in response to the published notice.
(A) The proposal must include a detailed description of:
(i) the project and the need for the project;
(ii) how the award of transportation JARC funds will expand the availability of employment related transportation services;
(iii) how the project will:
(I) promote the development of employment transportation services;
(II) support local economic development and expand economic opportunity for economically disadvantaged individuals;
(III) fully integrate the JARC program with other federal and state programs supporting public, employment, and human service transportation; and
(IV) improve the efficiency and effectiveness of employment related transportation opportunities.
(B) The proposal must describe the project's relationship to the locally developed, coordinated public transit-human service transportation plan.
(C) The department may require supplemental information to clarify the issues described in subparagraphs (A) and (B) of this paragraph.
(k) Grant award.
(1) After commission and FTA approval of the program of projects, the department will enter into grant agreements with individual subrecipients. A subrecipient must comply with all rules and regulations applicable to the Section 5316 program.
(2) The commission will make the final selection of projects and will select projects based on the potential of the project to:
(A) reduce congestion;
(B) expand economic opportunity;
(C) enhance safety;
(D) improve air quality; and
(E) increase the value of transportation assets.
(3) Failure to expend funds in a timely manner may cause the department to terminate the grant and re-award the unobligated balance to another project.
(l) Vehicle leasing. Vehicles acquired under the Section 5316 program may be leased to other entities, with prior department approval, such as local public bodies or agencies, private non-profit agencies, or private for-profit operators. The lessee shall operate the vehicles on behalf of the Section 5316 subrecipient and provide the transportation services as described in the grant application. The Section 5316 subrecipient is responsible for seeing that all federal and state rules and regulations are observed by the lessee.
(m) Incidental vehicle use. A vehicle that is purchased with Section 5316 funds may be used for incidental uses that do not conflict with the primary use of the vehicle to provide transportation services for employment and employment-related transportation. Examples of permissible incidental uses are stopping for retail purchases enroute home from the workday, allowing riders not engaged in employment activities to occupy vacant seats, delivering meals, or using the vehicle for other public transportation activities when it is not required for JARC project purposes. The vehicle shall not be altered in any way to accommodate incidental use.
(n) Disposition of vehicles at end of the grant. If a subrecipient is no longer receiving funds for a JARC project and has purchased a vehicle with JARC funds, the vehicle may be transferred to another subrecipient, in accordance with state laws and procedures governing disposition requirements.
§31.18.Section 5317 Grant Program.
(a) Purpose. Section 5317, Federal Transit Act, (49 USC §5317), authorizes the Secretary of the U.S. DOT to make grants for public transportation projects that provide new public transportation services and public transportation alternatives beyond those currently required by the Americans with Disabilities Act of 1990 (ADA) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services. The commission has been designated by the governor to administer the Section 5317 program, known as the New Freedom Program, or NF, in areas less than 200,000 population.
(b) Goal and objectives. The department's goal in administering the Section 5317 program is to provide new or improved public transportation services and alternatives, beyond the requirements of the ADA, to assist individuals with disabilities. To achieve this goal, the department's objectives are to:
(1) promote the development and maintenance of a network of transportation services and alternatives, beyond the requirements of the ADA, for persons with disabilities throughout the state, in partnership with local officials, public and private non-profit agencies, and operators of public transportation services;
(2) fully integrate the Section 5317 program with other federal, state, and local resources and programs that are designed to serve similar populations;
(3) foster the development of local, coordinated public and human service transportation service plans from which NF projects are derived;
(4) improve the efficiency, effectiveness, and safety of Section 5317 project providers through the provision of technical assistance; and
(5) include private sector operators in the overall plan to provide NF program transportation services for persons with disabilities.
(c) Department role. The department acts as the designated recipient for Section 5317 funds apportioned to the state for all urbanized areas less than 200,000 population and all nonurbanized areas. The subrecipient shall retain control of daily operations.
(d) Project types.
(1) New public transportation service projects, "beyond ADA", include:
(A) providing paratransit services beyond minimum requirements (3/4 mile to either side of a fixed route) for a transit provider operating fixed route service;
(B) making accessibility improvements to existing transit and intermodal stations not designated as key stations; for example, adding an elevator or ramps, detectable warnings, improving signage;
(C) building an accessible path to a bus stop that is currently inaccessible, including curbcuts, sidewalks, pedestrian signals or other accessible features;
(D) implementing technology improvements that enhance accessibility for persons with disabilities;
(E) implementing "same day" paratransit services; and
(F) otherwise facilitating or providing transportation services beyond ADA requirements, including transportation to and from employment and employment-related destinations.
(2) New public transportation alternatives, "beyond ADA", include:
(A) purchasing vehicles and supporting accessible taxi, ride-sharing, and vanpooling programs;
(B) supporting voucher programs for transportation services offered by human service providers;
(C) supporting volunteer driver and aide programs;
(D) acquiring transportation services by a contract, lease, or other arrangement;
(E) supporting mobility management and coordination programs among public transportation providers and other human service agencies providing transportation;
(F) new feeder service (transit service that provides access) to commuter rail, commuter bus, intercity rail and intercity bus stations, for which complementary paratransit service is not required under the ADA;
(G) new training programs for individual users on awareness, knowledge, and skills of public and alternative transportation options available in their communities. This includes travel instruction and travel training services; and
(H) otherwise facilitating or providing new transportation services for persons with disabilities, including transportation to and from employment and employment-related destinations.
(e) Eligible subrecipients.
(1) State agencies, local governmental authorities, private nonprofit organizations, private for-profit operators, and operators of public transportation services are eligible to receive Section 5317 funds through the department.
(2) Applicants who are subrecipients of public transportation funds through another program administered by the department must be in good standing with the department as defined in §31.3 of this chapter.
(f) Eligible assistance categories include:
(1) State administrative expenses. The department may use up to 10% of the annual federal apportionment for urbanized areas less than 200,000 population and nonurbanized areas to defray its expenses incurred for the planning and administration of the Section 5317 program. State administrative and technical assistance expenses do not require a non-federal match.
(2) Capital expenses.
(A) Eligible items include:
(i) buses, vans, or other paratransit vehicles, fareboxes, wheelchair lifts and restraints;
(ii) radios and communications equipment;
(iii) accessibility aids;
(iv) equipment installation costs;
(v) vehicle procurement, testing, inspection, and acceptance costs;
(vi) vehicle rebuilding or overhaul;
(vii) capital and operational support including computer hardware or software, with prior department approval;
(viii) preventive maintenance, including all maintenance costs, with prior department approval;
(ix) transit-related intelligent transportation systems;
(x) the introduction of new technology, through innovative and improved products, into public transportation;
(xi) curbcuts, sidewalks, pedestrian signals or other accessible features;
(xii) mobility management;
(xiii) the lease of vehicles or equipment, provided that the subrecipient, with the concurrence of the department, determines that a lease is more cost effective than the purchase after considering management efficiency, availability of equipment, staffing capabilities, and guidelines on capital leases as contained in 49 CFR Part 639; and
(xiv) the capital portions of costs for service under contract.
(B) Reimbursement rates.
(i) Federal funds may be used to reimburse up to 80% of eligible capital expenditures; and
(ii) the federal share may increase up to 90% for incremental costs related to compliance with the Clean Air Act or with the ADA. Eligibility standards for the higher federal share are defined in FTA Circular 9045.1, or its latest version.
(3) Project administration. Administrative costs associated with a NF project are eligible for a federal reimbursement rate of 50%.
(4) Operating expenses. Operating expenses are reimbursed at 50% of net operating expenses. Operating expenses are those costs directly tied to systems operations. FTA Circular 9030.1C, or its latest published version, shall be the guide for determining eligible operating expenses not specifically listed in this paragraph. Examples are:
(A) fuel and oil;
(B) maintenance, with prior department approval;
(C) driver, dispatcher, and mechanic salaries;
(D) purchase of service;
(E) reimbursement of costs associated with a volunteer driver program; and
(F) purchase of vouchers.
(g) Ineligible expenses include:
(1) extended vehicle warranties;
(2) purchase and/or maintenance of vehicles intended for private use;
(3) marketing;
(4) planning;
(5) purchase of transit passes for use on fixed route or ADA complementary paratransit services; and
(6) other FTA-prohibited expenses.
(h) Local share requirements.
(1) Eligible match sources include local, state, or federal program funds disbursed from the Texas Workforce Commission, local workforce development boards, human service agencies and the Medicaid Medical Transportation Program. Unrestricted federal funds are also eligible as match, such as Temporary Assistance for Needy Families (42 USC 603(a)(5)(C)(vii)). With prior department approval, in-kind contributions, volunteer services, and donations directly attributable to the project are eligible as local share if the value is documented.
(2) Other U.S. Department of Transportation program funds cannot be used as the local share required for Section 5317 grants. Fares cannot be used as match for any expense but must, instead, be used to determine the net operating expense to reduce the amount of requested reimbursement.
(i) Planning requirement.
(1) Projects submitted in response to the department's call for projects must be derived from a locally developed, coordinated public transit-human service transportation plan. The plan must be developed through a process that includes representatives of public, private, and nonprofit transportation and human service providers and participation by the public.
(2) The commission supports the development of regional service plans that respond to the department's charge in Transportation Code, §461.004 to identify:
(A) overlaps and gaps in the provision of public transportation services including services that could be more effectively provided by existing, privately funded transportation resources;
(B) underused equipment owned by public transportation providers; and
(C) inefficiencies in the provision of public transportation services by any public transportation provider.
(3) The commission anticipates that the regional service planning process will be used to meet the requirements of the local coordinated planning process defined in paragraph (1) of this subsection. Regions interested in participating in the NF program shall develop and prioritize Section 5317 projects in response to the opportunities to improve transportation for persons with disabilities uncovered in the regional planning process and documented in the plan.
(4) An NF project must:
(A) contain goals and objectives;
(B) discuss rider origination location and destinations and how the project fills the transportation gap by providing new transportation services or new transportation alternatives beyond ADA requirements;
(C) describe how it implements the regional service plan;
(D) explain how the project will maximize use of existing transportation service providers;
(E) provide a cost estimate; and
(F) identify match sources.
(G) Where transportation to employment or employment-related destinations is part of the project, any employer-provided or employer-assisted transportation service strategies incorporated in the project must also be identified.
(j) Allocation of funds. As part of its administration of the Section 5317 program, the department is charged with ensuring that there is a fair and equitable distribution of program funds within the state (49 USC §5317(e)(2)).
(1) The department will act as the designated recipient for projects in urbanized areas of less than 200,000 population and in nonurbanized areas. Of the amount apportioned to these areas by FTA's annual publication in the Federal Register, the department may use up to 10% of the total for its administrative, planning, and technical assistance activities to support the NF program statewide.
(2) The department will allocate the remaining Section 5317 funds to subrecipients through a competitive selection process.
(3) Funds apportioned to urbanized areas less than 200,000 population will be available only to fund projects in these geographic areas.
(4) Funds apportioned to nonurbanized areas will be available only for projects serving nonurbanized areas.
(5) The origin of the riders, not their destination, shall be the basis for determining which apportionment the department uses to fund an approved project.
(6) At a minimum, the department will publish a notice in the Texas Register soliciting proposals for the award for Section 5317 NF grants.
(A) An eligible entity may submit a proposal for an eligible project in response to the published notice. The proposal must include a detailed description of:
(i) the project and the need for the project;
(ii) the methods by which the award of transportation NF funds will provide new transportation services or new alternatives, beyond ADA requirements, for persons with disabilities;
(iii) how the project will:
(I) promote the development and maintenance of a network of transportation services for persons with disabilities;
(II) expand economic opportunity for individuals with disabilities;
(III) fully integrate the NF program with other federal, state, and local resources and programs that are designed to serve similar populations; and
(IV) improve the efficiency, effectiveness, and safety of transportation services for persons with disabilities.
(B) The proposal must describe the project's relationship to the locally developed, coordinated public transit-human service transportation plan.
(C) The department may require supplemental information to clarify the issues described in paragraph (6)(A) and (B) of this subsection.
(k) Grant Award.
(1) After commission and FTA approval of the program of projects, the department will enter into grant agreements with individual subrecipients. A subrecipient must comply with all requirements, rules, and regulations applicable to the Section 5317 program.
(2) The commission will make the final selection of projects and will select projects based on the potential of the project to:
(A) reduce congestion;
(B) expand economic opportunity;
(C) enhance safety;
(D) improve air quality; and
(E) increase the value of transportation assets.
(3) Failure to expend funds in a timely manner may cause the department to terminate the grant and re-award the unobligated balance to another project.
(l) Vehicle leasing. Vehicles acquired under the Section 5317 program may be leased to other entities, with prior department approval, such as local public bodies or agencies, private non-profit agencies, or private for-profit operators. The lessee shall operate the vehicles on behalf of the Section 5317 recipient and provide the transportation services as described in the grant application. The Section 5317 recipient is responsible for seeing that all federal and state rules and regulations are observed by the lessee.
(m) Incidental vehicle use. A vehicle that is purchased with Section 5317 funds may be used for incidental uses that do not conflict with the primary use of the vehicle to provide new or alternative transportation services beyond ADA requirements. Examples of permissible incidental uses are meal delivery, allowing able-bodied persons to occupy vacant seats or using the vehicle for other public transportation activities not required for its NF project purposes. The vehicle shall not be altered in any way to accommodate incidental use.
(n) Disposition of vehicles at end of the grant. If a subrecipient is no longer receiving funds for an NF project and has purchased a vehicle with NF funds, the vehicle may be transferred to another subrecipient, in accordance with state laws and procedures governing disposition requirements.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 1, 2008.
TRD-200800569
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Effective date: February 21, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 463-8683
43 TAC §§31.40 - 31.44, 31.47, 31.48
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 455, 456, 458, 460, and 461.
§31.42.Standard Federal Requirements.
(a) Purpose. This section describes the standard federal requirements that apply to entities that receive, either directly or as pass-through, FTA grant funds under the following programs codified at 49 U.S.C.:
(1) Section 5303 Grants to MPOs;
(2) Section 5307 Urbanized Area Formula Grants;
(3) Section 5309 Capital Investment Grants;
(4) Section 5310 Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities;
(5) Section 5311 Formula Grants for Other Than Urbanized Areas;
(6) Section 5304 State Planning and Research Programs;
(7) Section 5316 Job Access and Reverse Commute Formula Grants; and
(8) Section 5317 New Freedom Program.
(b) Requirements. All entities that receive funds under the Federal Transit Act, codified at 49 U.S.C. §5301 et seq., shall comply with the provisions of the following statutes and regulations:
(1) Federal Transit Laws, Title 49, United States Code, Chapter 53;
(2) Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, August 10, 2005);
(3) Federal-aid highway and surface transportation laws, Title 23, United States Code;
(4) Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, June 9, 1998);
(5) Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105 Stat. 1914, Dec. 18, 1991);
(6) Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.;
(7) Government Performance Results Act of 1993, as amended (Pub. L. 103-62, 107 Stat. 285, August 3 1993);
(8) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;
(9) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d;
(10) Title VII of the Civil Rights Act of 1964, as amended, 43 U.S.C. 2000e;
(11) Clean Air Act, as amended, 42 U.S.C. 7401 et seq;
(12) Section 404 of the Clean Water Act, as amended, 33 U.S.C. 1344;
(13) Policy on Lands, Wildlife, and Waterfowl Refuges, and Historic Sites, 49 U.S.C. 303;
(14) National Historic Preservation Act, 16 U.S.C. 470f;
(15) Internal Revenue Code, Non-profit Organizations, 26 U.S.C. 501;
(16) Lobbying Restrictions, 31 U.S.C. 1352;
(17) State Infrastructure Provisions of National Highway System Designation Act of 1995, as amended, 23 U.S.C. 101 note;
(18) Congressional Declaration of Policy Respecting Insular Areas, 48 U.S.C. §1469a;
(19) Program Fraud Civil Remedies Act, 31 U.S.C. 3801 et seq.;
(20) Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, 42 U.S.C. 4601, et seq.;
(21) Sections 4001 and 1555 of the Federal Acquisition Streamlining Act of 1994, 41 U.S.C. §403(11) and 40 U.S.C. §481(b), respectively;
(22) Executive Order 12612, "Federalism," dated 10-26-87;
(23) Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.;
(24) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq.;
(25) National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq.;
(26) Federal Funding Accountability and Transparency Act of 2006 (Pub. L 109-282, 120 Stat 1186, Sept. 26, 2006);
(27) Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seq.;
(28) Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. 701 et seq.;
(29) Alaska Native Claims Settlement Act, as amended, 43 U.S.C. 1601 et seq.;
(30) U.S. Department of Housing and Urban Development regulations, "Community Development Block Grants," 24 C.F.R. Part 570;
(31) Joint Federal Highway Administration/FTA regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613;
(32) Joint Federal Highway Administration/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622;
(33) Federal Motor Carrier Safety Administration regulations, "Controlled Substances and Alcohol Use and Testing," 49 C.F.R. Part 382;
(34) Federal Highway Administration regulations, "Classes of Actions," 23 C.F.R. §771.115;
(35) Federal Highway Administration regulations, "Categorical Exclusions," 23 C.F.R. §771.117;
(36) Judicial Administration regulations, "Nondiscrimination; Equal Employment Opportunity; Policies and Procedures," 28 C.F.R. Part 42;
(37) U.S. Department of Treasury regulations, "Rules and Procedures for Efficient Federal-State Funds Transfers," 31 C.F.R. Part 205;
(38) U.S. Environmental Protection Agency regulations, "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93;
(39) U.S. DOT regulations, "Organization and Delegation of Powers and Duties," 49 C.F.R. Part 1;
(40) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18;
(41) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," 49 C.F.R. Part 19;
(42) U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20;
(43) U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21;
(44) U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs," 49 C.F.R. Part 24;
(45) U.S. DOT regulations "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. Part 25;
(46) U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26;
(47) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. Part 27;
(48) U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," 49 C.F.R. Part 29, as amended by 71 FR 62396, Oct. 25 2006;
(49) U.S. DOT regulations, "Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)," 49 C.F.R. Part 32;
(50) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37;
(51) U.S. DOT regulations, "Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;
(52) U.S. DOT regulations, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs," 49 C.F.R. Part 40;
(53) DOT Seismic Safety Rule, 49 C.F.R. §41.117;
(54) FTA regulations, 49 C.F.R. Chapter VI;
(55) FTA regulations, "Charter Service," 49 C.F.R. Part 604;
(56) FTA Disposition of Inquiries, "Pre-Award and Post-Delivery Audits of Rolling Stock Questions and Answers," 57 FR 10834 (1992);
(57) Uniform Standards of Professional Appraisal Practice (USPAP);
(58) Executive Order 12372, "Intergovernmental Review of Federal Programs," July 14, 1982;
(59) Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations" (February 11, 1994);
(60) Executive Order 13217, "Community-Based Alternatives for Individuals with Disabilities," June 18, 2001;
(61) Executive Order 13330, "Human Service Transportation Coordination" (February 24, 2004);
(62) Department of Labor Guidelines, "DOL Guidelines, Section 5333(b), Federal Transit law," 29 C.F.R. Part 215;
(63) Office of Management and Budget Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments";
(64) Office of Management and Budget Circular A-94, "Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs";
(65) Office of Management and Budget Circular A-122, "Cost Principles for Non-Profit Organizations," codified at 2 C.F.R. Part 230;
(66) Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations";
(67) U.S. Department of Transportation (DOT) Order to Address Environmental Justice in Minority Populations and Low-Income Populations, 62 FR 18377 (April 15, 1997);
(68) U.S. DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons, 70 FR 74087 (December 14, 2005);
(69) FTA Circular 4220.1E, or its latest version, "Third Party Contracting Requirements";
(70) FTA Circular 5010.1C, or its latest version, "Grant Management Guidelines";
(71) FTA Circular 9030.1C, or its latest version, "Urbanized Formula Program Guidance and Application Instructions";
(72) FTA Circular 9040.1F, or its latest version, "Nonurbanized Area Formula Program Guidance and Application Instructions";
(73) FTA Circular 4702.1, or its latest version, Title VI Program Guidelines for FTA Recipients";
(74) Notice of Final Agency Guidance on the Eligibility of Joint Development Improvements Under Federal Transit Law, 72 FR 5788 (February 7, 2007);
(75) U.S. General Services Administration, "Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs";
(76) FTA Master Agreement FTA MA (13); and
(77) "Guidelines for Disbursements," FTA ECHO-Web System Operations Manual.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 1, 2008.
TRD-200800570
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Effective date: February 21, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 455, 456, 458, 460, and 461.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 1, 2008.
TRD-200800571
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Effective date: February 21, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 463-8683