37.155 Factors in decision to grant an undue financial burden waiver.
(a) In making an undue financial burden determination, the UMTA Administrator
will consider the following factors:
- Effects on current fixed route service, including reallocation of accessible
fixed route vehicles and potential reduction in service, measured by service
- Average number of trips made by the entity's general population, on
a per capita basis, compared with the average number of trips to be made
by registered ADA paratransit eligible persons, on a per capita basis.
- Reductions in other services, including other special services;
- Increases in fares;
- Resources available to implement complementary paratransit service
over the period covered by the plan.
- Percentage of budget needed to implement the plan, both as a
percentage of operating budget and a percentage of entire budget.
- The current level of accessible service, both fixed route and paratransit;
- Cooperation/coordination among area transportation providers;
- Evidence of increased efficiencies, that have been or could be effectuated,
that would benefit the level and quality of available resources for complementary
paratransit service; and
- Unique circumstances in the submitting entity's area that affect the
ability of the entity to provide paratransit, that militate against the need
to provide paratransit, or in some other respect create a circumstance considered
exceptional by the submitting entity.
Factors the Administrator will consider in making a decision
whether to grant an undue financial burden waiver request include effects
on current fixed route service, reductions in other services, increases in
fares, resources available to implement complementary paratransit over the
period of the plan, current level of accessible service (fixed route and
paratransit), cooperation among transit providers, evidence of increased
efficiencies that have been or could be used, any unique circumstances that
may affect the entity's ability to provide paratransit service, the level
of per capita service being provided, both to the population as a whole and
what is being or anticipated to be provided to persons who are eligible and
registered to receive ADA paratransit service.
- Costs attributable to complementary paratransit shall be limited to
costs of providing service specifically required by this part to ADA paratransit
eligible individuals, by entities responsible under this part for providing
- If the entity determines that it is impracticable to distinguish between
trips mandated by the ADA and other trips on a trip-by-trip basis, the entity
shall attribute to ADA complementary paratransit requirements a percentage
of its overall paratransit costs. This percentage shall be determined
by a statistically valid methodology that determines the percentage of trips
that are required by this Part. The entity shall submit information
concerning its methodology and the data on which its percentage is based
with its request for a waiver. Only costs attributable to ADA-mandated
trips may be considered with respect to a request for an undue financial
- Funds to which the entity would be legally entitled, but which, as
a matter of state or local funding arrangements, are provided to another
entity and used by that entity to provide paratransit service which is part
of a coordinated system of paratransit meeting the requirements of this Part,
may be counted in determining the burden associated with the waiver request.
This final element allows some measure of comparability, regardless
of the specific service criteria and should assist in a general assessment
of level of effort. It is only the costs associated with providing
paratransit service to ADA-paratransit eligible persons that can be counted
in assessing whether or not there is an undue financial burden. Two
cost factors are included in the considerations which enhance the Administrator's
ability to assess real commitment to these paratransit provisions.
First, the Department will allow a statistically valid methodology for estimating
number of trips mandated by the ADA. While the regulation calls for
a trip-by-trip determination of eligibility, this provision recognizes that
this is not possible for some systems, particularly the larger systems.
Since only those trips provided to a person when he or she is ADA eligible
may be counted in determining an undue financial burden, this provision is
Second, in determining costs to be counted toward providing paratransit service,
paragraph (b)(3) allows an entity to include in its paratransit budget dollars
to which it is legally entitled, but which, as a matter of state or local
funding arrangements, are provided to another entity that is actually providing
the paratransit service.
For example, a state government may provide a certain formula allocation
of the revenue from a certain tax to each jurisdiction for use in providing
transportation service at the local level. The funds, depending on
local arrangements, may flow either to a transit authority -- a regulated
entity under this rule -- or to a city or county government. If the
funds go to the transit authority, they clearly may be counted in an undue
burden calculation. In addition, however, this provision also allows
funds that flow through the city or county government to be counted in the
undue burden calculation, since they are basically the same funds and should
not be treated differently based on the accident of previously-determined
local arrangements. On the other hand, this provision does not allow
funds of a private non-profit or other organization who uses Department of
Health and Human Services grant or private contributions to be counted toward
the entity's financial commitment to paratransit.