CA15: How will FTA reimburse grantees for lost revenue, which is eligible under the CARES Act or CRRSAA ? 


A: Both the CARES Act and CRRSAA provide funds for Sections 5307 and 5311, but only CRRSAA provides funds for Section 5310. FTA will reimburse any eligible expenses incurred on or after January 20, 2020, including eligible expenses that would have otherwise been paid for by the lost revenue. This includes all the expenses normally eligible under Urbanized Area Formula Grants (Section 5307), Enhanced Mobility for Seniors and Individuals with Disabilities (Section 5310), or the Formula Grants for Rural Areas Program (Section 5311) that occurred on or after January 20, 2020, at a 100 percent federal share. CRRSAA funds, as well as any funds not already obligated in a CARES Act grant as of December 27, 2020, must be used for payroll and operating expenses, unless the recipient certifies to FTA that it has not furloughed any employees. Operating costs are those costs necessary to operate, maintain, and manage a public transportation system. Operating expenses usually include such costs as driver salaries, fuel, and items having a useful life of less than one year, including personal protective equipment and cleaning supplies. See Chapter IV and the Appendix C of the Urbanized Area Formula Program Circular, Chapter III of the Enhanced Mobility for Seniors and Individuals with Disabilities Circular or Chapter III of the Formula Grants for Rural Areas Circular for more information on eligible operating expenses and how to calculate them. CARES Act and CRRSAA funding, as applicable, also can be used for administrative leave, such as leave for employees due to reductions in service or leave required for a quarantined worker. The type of lost revenue does not matter and the applicant does not need to identify the amount of lost revenue in the grant application.

FTA issued a Notice of Concurrence with declarations of emergency issued by Governors that relate to COVID-19. Accordingly, for recipients in states in which the Governor has declared such an emergency (49 U.S.C. 5324), FTA permitted Urbanized Area Formula Program or Formula Grants for Rural Areas Program funding, including such funding appropriated in the Consolidated Appropriations Act, 2021, to be used for COVID-19-related public transportation capital or operating expenses at a 100-percent federal share, regardless of whether operating expenses generally are an eligible expense for a recipient. The ability to use funds for operating expenses at 100-percent federal share has expired. See 49 U.S.C. 5324(b)(2)(B).


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A: Transit systems are free to suspend in-person assessments and use a remote or paper process for eligibility determinations. The DOT ADA regulations at 49 CFR 37.125 do not require in-person assessments for paratransit eligibility, and in fact do not specify how the eligibility process should work. Because a paper or virtual process is not typically as effective in assessing functional ability accurately, a transit system also may decide to be overly broad in who they find eligible, and then reassess during regular recertification sometime in the future. Note that because applicants would be presumptively eligible after 21 days under 49 CFR 37.125(c) if their applications are not processed, a transit system may wish preemptively to offer presumptive eligibility for the duration of the COVID-19 public health emergency, subject to reevaluation once the public health emergency ends. Complete suspension of the eligibility process is not permitted, because 49 CFR 37.131(f)(2) specifically prohibits the use of wait lists to access the service.

An existing federal transporter regulation (40 CFR section 263.30(b)) provides authority for EPA or state officials to waive manifest preparation requirements and the requirement to use transporters with EPA ID Numbers to respond to certain discharge events during transportation for which it is determined by the government official that the immediate removal of the waste is necessary to protect human health and the environment. This authority is seldom used however, because the more common practice in such cases is to instead promptly issue provisional or emergency ID numbers for these sites and events, rather than waivers. Nevertheless, in exceptional cases where time is of the essence, and an immediate response to a spill or other emergency is necessary to protect human health or the environment, existing EPA policy provides that officials may waive the EPA Identification Number requirements for the generators and transporters that are engaged in immediate hazardous waste removal in response to a discharge or other emergency incident. Refer to Program Implementation Guidance on Issuance of Provisional EPA I.D. Numbers, RCRA Online # RO 12016, November 26, 1980. Such waivers should be reserved for those emergency events for which it would not be reasonable to defer the response action until an ID Number is issued.

The hazardous waste rejection regulations for full, immediate rejections of shipments while the transporter is still on site require generators to sign Item 18c of the manifest. If the shipment is rejected in part or after the transporter has left the receiving facility, it requires a new manifest on which the generator would sign Item 20.

Yes. e-Manifest is one RCRAInfo Industry Application which utilizes CDX for its registration. Users registered with existing CDX accounts simply need to login via the RCRAInfo Industry Application to gain access to the application. Unregistered users can register directly with the RCRAInfo Industry Application. All users need to request permissions for their specific site(s) once they gain access.

I received this error when calling a web-service. The issue was also related to transport level security. I could call the web-service through a website project, but when reusing the same code in a test project I would get a WebException that contained this message. Adding the following line before making the call resolved the issue:

The recent effort to convert the country to metric units of measurement dates to the Omnibus Trade and Competitiveness Act of 1988, which requires all Federal Agencies to use metric units in their procurements, grants, and other business-related activities except to the extent that it is impractical or likely to cause significant inefficiencies or loss of markets to U.S. firms. Based on this requirement, the FHWA reconsidered the subject of sign conversion, but the public reaction was again overwhelmingly negative. To avoid a public backlash against metric conversion, the FHWA issued a policy statement in April 1994 indicating that the FHWA would not pursue sign conversion. The following year, the National Highway System Designation Act of 1995 prohibited the Secretary from requiring the States to use Federal-aid highway or State funds "to construct, erect, or otherwise place or to modify any sign relating to a speed limit, distance, or other measurement on a highway for the purpose of having such sign establish such speed, limit, distance, or other measurement using the metric system." Under current law, a State may, if it chooses, use Federal-aid funds to include metric measurements on distance or speed signs, but none is doing so as of late 2018.

In view of the Federal-State partnership, the State transportation departments submit applications to AASHTO when new numbers are needed or numbering changes are desired. AASHTO submits the applications to the FHWA, which informs AASHTO of its position. AASHTO then acts on the proposal, consistent with the FHWA's action. If disagreement were to occur on a numbering proposal, the FHWA and AASHTO would resolve the issue before AASHTO acted.

Disability-related inquiries and medical examinations of employees must be "job-related and consistent with business necessity." This guidance gives examples of the kinds of questions that are and are not "disability-related" and examples of tests and procedures that generally are and are not "medical." The guidance also defines what the term "job-related and consistent with business necessity" means and addresses situations in which an employer would meet the general standard for asking an employee a disability-related question or requiring a medical examination. Other acceptable inquiries and examinations of employees, such as inquiries and examinations required by federal law and those that are part of voluntary wellness and health screening programs, as well as invitations to voluntarily self-identify as persons with disabilities for affirmative action purposes, also are addressed.(4)

This statutory language makes clear that the ADA's restrictions on inquiries and examinations apply to all employees, not just those with disabilities. Unlike other provisions of the ADA which are limited to qualified individuals with disabilities,(13) the use of the term "employee" in this provision reflects Congress's intent to cover a broader class of individuals and to prevent employers from asking questions and conducting medical examinations that serve no legitimate purpose.(14) Requiring an individual to show that s/he is a person with a disability in order to challenge a disability-related inquiry or medical examination would defeat this purpose.(15) Any employee, therefore, has a right to challenge a disability-related inquiry or medical examination that is not job-related and consistent with business necessity.

As written, the CGMP and hazard analysis and risk-based preventive control requirements of the Preventive Controls for Animal Food rule apply to manufacturing/processing activities, including those performed to facilitate storage and transportation, unless an exemption applies. In draft guidance #239 Human Food By-Products for Use as Animal Food, we identified several manufacturing/processing activities for which there would only be limited CGMP requirements related to holding and distribution, including passive dewatering, as well as holding by-products at a particular temperature to facilitate transportation (e.g., keeping something in liquid or solid state). 2351a5e196

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