Transit Provider Information

Federal transportation law requires recipients of Sections 5307, 5311 and 5339 funds to adhere to drug and alcohol testing regulations. The two primary federal rules are:

• 49 CFR Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs
• 49 CFR Part 655 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

The NDDOT ensures compliance with the applicable federal drug and alcohol regulations by monitoring the policies, procedures, record keeping and reporting for Section 5311 recipients and their transit systems. Drug and alcohol requirements include:

• Developing and implementing a compliant drug and alcohol policy
• Participating in a drug and alcohol testing program
• Providing training to safety sensitive employees and supervisors
• Ensuring safety sensitive employee forms, records and files are properly used, maintained and secured, and
• Submitting annual drug and alcohol reports

Drug and Alcohol Resources

• Drug and Alcohol Second Chance Policy Template
• Drug and Alcohol Zero Tolerance Policy Template
• Drug and Alcohol Standards of Operation

All subrecipients of state and federal funding must comply with applicable state law and federal requirements contained in the FTA Best Practices Procurement Manual, Uniform Guidance, and Third-Party Contracting Guidance Circular 4220.1F. This applies to all subrecipients and their subrecipients using federal and state funds for purchases.

Procurement Resources

• Purchasing Thresholds
• Best Practices Procurement Manual
• SAM - System of Award Management
• FTA Region 8 Categorical Exclusion Worksheet
• Categorical Worksheet Instructions and Environmental Resources Information
• Procurement Manual Template
• FTA - Procurement
• State Bids
  • 300 - 15 Passenger (including driver) Cutaway
  • 301 - ADA Transit Vehicle - Rear and Side Lift
  • 381 - Frontrunner Vehicle - New England Wheels
  • 382 - ADA Low Floor Minivan
  • 383 - Low-Floor Paratransit Ramp Buses
  • 386 - Hometown Manufacturing Trolley
  • 389 - Hometown Manufacturing Coach Bus
  • 283 - IT-Paratransit and Fixed-Transit Scheduling and Dispatch

The Federal Transit Administration (FTA) published the Public Transportation Safety Program Final Rule (49 CFR Part 670) in 2016. The rule covers administration of the Public Transportation Safety Program (National Safety Program) authorized at 49 U.S.C. § 5329, including the FTA's authority to oversee and enforce transit safety. The rule also establishes the FTA's foundational safety policy, which supports a risk-based safety management system (SMS) for development and implementation of the National Safety Program.

Safety Resources

• Public Transportation Safety Program Final Rule (49 CFR Part 670)
• Public Transportation Safety Program
• 49 U.S.C. § 5329
• FTA Safety Management System (SMS) Information
  • Overview
  • Fact Sheets:
    • Safety Management Policy
    • Safety Risk Management
    • Safety Assurance (webinar)
    • Safety Promotion

The NDDOT is responsible for monitoring the use of Federal Transit Administration (FTA)-funded real property, facilities and equipment. Assets that are not maintained in a state of good repair present potential risks, including safety, service unavailability and high maintenance and repair costs. As such, NDDOT oversees all assets purchased under NDDOT grant agreements. Asset oversight is provided through an asset inventory, maintenance reviews and inspections.

Any programs or activities that receive federal transit funding must comply with the following asset management requirements:

• Track all federal assets from purchase to disposal
• Maintain a complete and accurate inventory list
• Develop and implement a written maintenance plan

Transit Asset Management (TAM) Plan

Every agency must develop or opt into a transit asset management (TAM) plan if it owns, operates or manages capital assets used to provide public transportation and receives federal financial assistance under 49 U.S.C. Chapter 53 as a recipient or subrecipient.

NDDOT has developed a TAM Group Plan and TAM Targets for rural and small urban subrecipients. The plan is created to assist subrecipients in evaluating asset condition, prioritizing asset replacement and understanding TAM Targets for each vehicle type.

TAM Resources

• State TAM Plan
• Useful Life Benchmark Standards

• Forms
• FTA Grant Programs
• FTA Master Agreement (version 30; Nov 2, 2022)
• BlackCat System
• National Transit Database (NTD)
• FY21 State Management Plan for Public Transportation
• NDDOT - ND Moves Active Public Transportation and Transit Plan
• NDSU Small Urban Rural Center on Mobility (ugpti.org)
• Community Transportation (ctaa.org)
• Dakota Transit Association (DTA)
• National Transit Institute (NTI)
• Transportation Research Board (TRB)
• National Rural Transit Assistance Program (RTAP)

The Title VI of the Civil Rights Act of 1964 is a federal law that protects individuals and groups from discrimination on the basis of race, color and national origin in programs and activities that receive federal financial assistance. Specifically, 42 USC 2000d states: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance."

Requirements include:

• Ensuring the level and quality of services is provided in a nondiscriminatory manner.
• Making transportation decisions without regard to race, color or national origin.
• Ensuring meaningful access to transportation-related programs for persons with limited English proficiency.
• Developing and implementing a Title VI Nondiscrimination Plan.

Title VI Resources:

• Title VI and Nondiscrimination Policy Statement Template
• Title VI Complaint Form Template
• Title VI Limited English Proficiency Plan Template
• Title VI Nondiscrimination Statement Plaque Template
• Title VI Plan Template

Disadvantaged Business Enterprise (DBE) provisions apply to the United States Department of Transportation (USDOT) assisted contracts for airports, highways and transit. This includes the use of Federal Transit Administration (FTA) planning, capital and/or operating funds spent on contracts. The FTA requires organizations receiving these federal funds to make efforts to purchase from, or use, DBE firms. A DBE is a for-profit small business that is:

• At least 51% owned by one or more individuals who are socially or economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals.
• Controlled (management and daily business operations) by one or more of the socially and economically disadvantaged individuals who own it.

As a recipient of these FTA funds, North Dakota Department of Transportation (NDDOT) has a DBE program that addresses FTA-funded contracting activities conducted by NDDOT, as well as those of its grant subrecipients.

Objectives of the DBE program are, in part, to:

• Ensure nondiscrimination in the award and administration of USDOT-assisted contracts.
• Create a level playing field on which DBEs can compete fairly for USDOT-assisted contracts.
• Help remove barriers to the participation of DBEs in USDOT-assisted contracts.

DBE/ACDBE Resources:

• Draft FTA 2023-2025 Triennial DBE Goal Setting Methodology
• FTA 2020-2022 Triennial DBE Goal Setting Methodology
• FTA - DBE/ACDBE
• FTA DBE Program Plan
• DBE/ACDBE Directory