Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 5,046
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located to the respective urbanized area based on the federal apportion-
ment as published in the Federal Register
(4) Residual funds.
(A) Urbanized areas with populations of less than
200,000 and rural areas. On completion of the project selection
procedures described in subsection (i) of this section, if any portion of
the allocation described in paragraph (1) or (2) of this subsection is
not needed, the commission or the executive director may distribute
the balances, as appropriate, to satisfy unmet needs in other areas of
the state. This action may require the department to transfer funds, at
the state level, between urbanized and rural areas to fully obligate the
state's apportionment.
(B) Urbanized areas with populations of 200,000 or
more. On completion of the project selection procedures described in
subsection (i) of this section, any unallocated funds for urbanized areas
with populations of 200,000 or more will remain in that urbanized
area until allocated at a future date.
(h) Application requirements. A prospective applicant must
submit an application for 5310 grant funds at the time specified by
the department. The application must document the need and demand
for passenger transportation services for seniors and individuals with
disabilities, and also must document inclusion of the project in the co-
ordinated public transit-human service transportation plan.
(i) Project selection. To select projects, the department will
consult with all local parties, including metropolitan planning organi-
zations, and follow the procedures set out in this subsection.
(1) Department personnel will establish, after consultation
with local stakeholders, processes for local planning and project devel-
opment, and public outreach. In an effort to streamline decision-mak-
ing processes and maximize coordination opportunities, the depart-
ment may choose to combine contiguous department district bound-
aries for stakeholder engagement, project selection, and public out-
reach. The stakeholder groups should include representatives of the
following groups, further defined in FTA Circular 9070.1F, or its latest
version:
(A) transportation partners;
(B) passengers and advocates;
(C) human service and work force agencies; and
(D) others, such as emergency management agencies.
(2) In recommending projects, stakeholder groups should
consider the program goals and objectives set forth in subsection (b) of
this section and consider projects that:
(A) leverage existing resources and promote innova-
tion;
(B) are the only public transportation option for the pro-
posed service area;
(C) are sustainable over time;
(D) demonstrate efficient use of resources;
(E) involve partnerships that include organizations and
for-profit transportation providers; or
(F) provide service continuity.
(3) Not more than 45 percent of the funds allocated by dis-
trict boundaries or combination of district boundaries may be used for
operating expenses. This cap applies to both urbanized areas and rural
areas, respectively.(4) The requirements of this subparagraph apply to all
projects recommended for funding.
(A) There must be a demonstrated need for any capital
purchases. Examples of items that may be used to demonstrate need in-
clude a needs assessment that documents the demand for new services,
a vehicle inventory that establishes the need for replacement of older
equipment, dispatcher logs that document requests for service that can-
not be met with existing equipment, and purchase of service contracts
that substantiate the need for additional vehicles.
(B) The proposed applicant must be able to demonstrate
its financial and managerial capability to carry out the project. Exam-
ples of items that may be used to demonstrate the capability include
audited financial statements and review letters from grantor agencies.
(C) Consideration should be given to the applicant's
past efforts to coordinate services and related activities with other local
entities. Examples showing those efforts include contracts that outline
purchase of service agreements, shared maintenance or dispatching
functions, and joint training initiatives.
(D) There should be evidence of local support for the
proposal. Examples of that evidence include resolutions by local gov-
erning bodies and endorsement letters from other organizations or in-
dividuals.
(E) The project must be included in the coordinated
public transit-human service transportation plan.
(5) Based on stakeholder input, department personnel as-
signed to cover district areas will rank projects in priority order.
(6) On receipt of the applications recommended for fund-
ing, the director, or the director's designee, will review all funding re-
quests for completeness and compliance with all statutory and program
administrative requirements. Following commission approval, the de-
partment will negotiate a contract with the selected local entities and
organizations to implement the projects selected for funding.
(j) Vehicle leasing. Vehicles acquired under the 5310 pro-
gram may be leased to other entities, such as local public entities or
agencies, other private nonprofit agencies, or private for-profit opera-
tors. The lessee shall operate the vehicles on behalf of the 5310 recip-
ient and provide the transportation services as described in the original
grant application.
(k) Incidental vehicle use. A vehicle that is purchased with
5310 funds may be used for incidental uses that do not conflict with
the primary use of the vehicle to provide transportation services for se-
niors and individuals with disabilities. Examples of permissible inci-
dental uses are allowing riders who are neither senior nor an individual
with a disability to occupy vacant seats, delivering meals, or using the
vehicle for other public transportation activities when it is not required
for seniors or individuals with disabilities project purposes. The vehi-
cle shall not be altered in any way to accommodate incidental use.
(1) Private for-profit transportation business participation.
Taxi companies that provide only exclusive-ride service are not eligi-
ble subrecipients; however, they may participate in the 5310 program
as contractors. Exclusive-ride taxi companies may receive 5310
funds to purchase accessible taxis under contract with an eligible
subrecipient.
31.36. Section 5311 Grant Program.
(a) Purpose. Section 5311, Federal Transit Act[,] (49 U.S.C.
5311 [49 rUSG 5314]), authorizes the Secretary of the U.S. DOT to
make grants for public transportation projects in rural [nonurbanized]
areas. The department has been designated by the governor to admin-
ister the 5311 [Seetion 5314] program.38 TexReg 5046 August 9, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013, periodical, August 9, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342085/m1/90/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.