| (a) Purpose. This section describes reporting requirements
for designated recipients and subrecipients of state or federal public
transportation grant funds and monitoring activities to be performed
by the department.
(b) Reporting requirements. The subrecipient shall
submit reports to the department in a format prescribed by the department
within deadlines established by the department.
(1) Incident reports. Subrecipients shall report all
incidents that meet criteria established by the department. The subrecipient
shall submit the report within five days of the incident or discovery
of the incident.
(2) Asset inventory. Each subrecipient shall provide
information on state and federally funded equipment as described in
§31.50 of this chapter (relating to Recordkeeping and Inventory
Requirements).
(3) Charter service. Section 5311 subrecipients shall
provide charter service only under the specific circumstances established
by the FTA. Operators shall advise the department of any charter service
provided and the exemption under which charter service is provided.
(4) Disadvantaged Business Enterprises. Subrecipients
shall submit reports in accordance with 49 C.F.R. Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs.
(5) Operations reports. All FTA recipients and subrecipients
shall submit quarterly and annual operations reports.
(A) Pursuant to the requirements of 49 U.S.C. §5311
and §5335, subrecipients of assistance under §5311 shall
submit to the department data required by the department for reporting
to the National Transit Database.
(B) Pursuant to the requirements of 49 U.S.C. §5326,
subrecipients of FTA assistance through the department shall provide
the data required by the department to report on transit asset management.
(C) Pursuant to the requirements of Transportation
Code, §456.008(a) and (b), the department will collect monthly
data from transit operators in urbanized areas, including transit
authorities, and publish annually data on industry utilized standards
that best reflect ridership, mileage, revenue by source and service
effectiveness. These standards include:
(i) Service efficiency--Operating expense per vehicle
revenue hour and operating expense per vehicle revenue mile.
(ii) Cost effectiveness--Operating expense per unlinked
passenger trip.
(iii) Service effectiveness--Unlinked passenger trips
per vehicle revenue mile and unlinked passenger trips per vehicle
revenue hour.
(iv) Safety--Total incidents per 100,000 miles of service
and average number of miles between revenue vehicle mechanical system
failures that prevent the vehicle from completing a scheduled revenue
trip.
(D) Pursuant to the requirements of Transportation
Code, §456.008(a) and (b), and 49 U.S.C. §5311, the department
will collect monthly from transit operators in rural areas, and publish
annually data on industry utilized standards that best reflect ridership,
mileage, revenue by source and service effectiveness. These standards
include:
(i) Service efficiency--Operating expense per vehicle
mile.
(ii) Cost effectiveness--Operating expense per unlinked
passenger trip.
(iii) Service effectiveness--Unlinked passenger trips
per vehicle mile.
(iv) Safety--Total incidents per 100,000 miles of service
and average number of miles between revenue vehicle mechanical system
failures that prevent the vehicle from completing a scheduled revenue
trip.
(E) Pursuant to the requirements of Transportation
Code, §456.008(a) and (b), the department will collect monthly
from public transportation providers, as defined in Transportation
Code, §461.002, that receive funding under 49 U.S.C. §5310,
or §5316 and §5317 (with regard to the grant of funds appropriated
under federal authorization bills prior to MAP-21), and publish annually
data on industry utilized standards that best reflect ridership, mileage,
revenue by source and service effectiveness. These standards include:
(i) Service efficiency--Operating expense per vehicle
mile.
(ii) Cost effectiveness--Operating expense per unlinked
passenger trip.
(iii) Service effectiveness--Unlinked passenger trips
per vehicle mile.
(iv) Any other measure appropriate to the type of project
financed using funds from §5310, or §5316 and §5317
with regard to the grant of funds appropriated under federal authorization
bills prior to MAP-21.
(6) Significant events. The recipient shall promptly
advise the department in writing of events that have a significant
effect on the delivery of public transportation services, including:
(A) problems, delays, and adverse conditions that will
materially affect the ability to attain program objectives, prevent
the meeting of time schedules and goals, or preclude the attainment
of project work units by established time periods, accompanied by
a statement of the action taken or contemplated and any departmental
assistance needed to resolve the situation; and
(B) favorable developments and events that will enable
meeting time schedules and goals sooner than anticipated or producing
more work units than originally projected.
(7) Miscellaneous reports. Entities receiving funds
from either the department or the FTA shall cooperate with the department
in providing other information as requested by state and federal funding
agencies.
(c) Department monitoring. The department will rely
on subrecipient reports as described in subsection (b) of this section
as the primary means of monitoring subrecipient performance. In addition,
department personnel and the subrecipient at least quarterly will
discuss problems encountered by the subrecipient, the subrecipient's
need for technical assistance, and other topics related to the provision
of public transportation services. Routine monitoring activity will
occur in the following areas according to a schedule that accommodates
federal deadlines and department and operator workloads. Most, but
not all, monitoring activities will occur on a quarterly basis.
(1) Civil rights. The department will monitor subrecipients
for compliance with Title VI Civil Rights requirements.
(2) Drugs and alcohol.
(A) Each §5311 subrecipient and each of its subcontractors
with safety-sensitive employees shall have policies and programs in
place that comply with drug and alcohol standards established by the
FTA. The department will monitor subrecipients for compliance with
these regulations. In addition, the FTA requires each subrecipient
to file a calendar year report (January 1 - December 31) with the
department on drug and alcohol testing and compliance activities.
(B) Each §5310 subrecipient, and each §5316
and §5317 subrecipients with regard to the grant of funds appropriated
under federal authorization bills prior to MAP-21, shall comply with
Federal Motor Carrier Safety Administration requirements for drug
and alcohol compliance if it owns a vehicle that requires a commercial
driver's license to operate. If the subrecipient also receives §5307
or §5311 funding, the subrecipient shall include §§5310,
5316, and 5317 employees in their FTA testing program.
(3) Fiscal responsibility. A department employee quarterly
will review agency financial records that support requests for payment.
(4) Insurance. Subrecipients of state or federal funds
through the department shall insure all facilities, equipment, and
vehicles from loss. Checks for appropriate insurance levels will occur
at the time the local agency renews its policies.
(5) Maintenance. Subrecipients are required to have
written maintenance plans, schedules, and logs to ensure the proper
care and longevity of vehicles and facilities in accordance with §31.53(d)
of this chapter (relating to Maintenance Requirements). The plans,
schedules, and logs are subject to periodic on-site inspection by
the department.
(6) Incidental vehicle use. A vehicle purchased with
federal or state funds may be used for incidental uses that do not
conflict with the primary purposes for which the vehicle was purchased.
An example of permissible incidental use is using the vehicle for
other public transportation activities when it is not required for
project purposes. The vehicle shall not be altered in any way to accommodate
an incidental use.
(7) Procurement. The department will work with subrecipients
to ensure that procurement activities meet applicable state and federal
requirements and that all required documents are received and actions
completed in a timely manner. Check sheets will be maintained by the
department to ensure all benchmark activities are accomplished in
the proper sequence.
(d) Noncompliance. A subrecipient that fails to comply
with federal or state law, standard or special grant or subgrant conditions,
or contractual agreements on which the grant or subgrant award is
predicated, is subject to actions under Chapter 9, Subchapter H of
this title (relating to Grant Sanctions).
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| Source Note: The provisions of this §31.48 adopted to be effective August 11, 1994, 19 TexReg 5880; amended to be effective February 15, 2001, 26 TexReg 1365; amended to be effective April 17, 2003, 28 TexReg 3080; amended to be effective February 21, 2008, 33 TexReg 1380; amended to be effective June 17, 2010, 35 TexReg 5079; amended to be effective May 19, 2011, 36 TexReg 3111; amended to be effective November 21, 2013, 38 TexReg 8253; amended to be effective December 6, 2017, 42 TexReg 6815 |
