**TITLE VI COMPLIANCE REVIEW**

**OF THE**

**NIAGARA FRONTIER TRANSPORTATION AUTHORITY**

**(NFTA)**

**BUFFALO, NY**

**Final Report**

> **August 2005**

**Prepared For**

**U.S. DEPARTMENT OF TRANSPORATION**

**FEDERAL TRANSIT ADMINISTRATION**

**OFFICE OF CIVIL RIGHTS**

**Prepared By**

**MILLIGAN & CO., LLC**

[Table of Contents]{.underline}

I. GENERAL INFORMATION [1](#__RefHeading___Toc51057800)

II\. JURISDICTION AND AUTHORITIES [2](#__RefHeading___Toc51057801)

III\. PURPOSE AND OBJECTIVES [3](#__RefHeading___Toc51057802)

IV\. BACKGROUND INFORMATION [5](#__RefHeading___Toc51057803)

V. SCOPE AND METHODOLOGY [9](#__RefHeading___Toc51057804)

VI\. FINDINGS AND RECOMMENDATIONS [16](#__RefHeading___Toc51057805)

1\. List of Active Complaints and Lawsuits
[16](#__RefHeading___Toc51057806)

2\. Pending Applications for Financial Assistance
[17](#__RefHeading___Toc51057807)

3\. Summary of Civil Rights Compliance Reviews
[18](#__RefHeading___Toc51057808)

4\. FTA Civil Rights Assurance [18](#__RefHeading___Toc51057809)

5\. DOT Title VI Assurance [19](#__RefHeading___Toc51057810)

6\. Fixed-Facility (Environmental Justice) Impact Analysis
[19](#__RefHeading___Toc51057811)

7\. Demographic and Service Profile Maps, Overlays and Charts
[22](#__RefHeading___Toc51057812)

8\. Service Standards and Policies [23](#__RefHeading___Toc51057813)

9\. Assessment of Compliance by Grantees
[27](#__RefHeading___Toc51057814)

10\. Other Areas of Title VI Considerations
[28](#__RefHeading___Toc51057815)

11\. Internal Monitoring Procedures 29

12\. Title VI Complaints [35](#__RefHeading___Toc51057817)

VII\. SUMMARY OF FINDINGS AND CORRECTIVE ACTIONS
[37](#__RefHeading___Toc51057818)

VIII\.
ATTENDEES\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....39

I.  []{#__RefHeading___Toc51057800 .anchor}GENERAL INFORMATION

Grant Recipient: Niagara Frontier Transportation Authority

City/State: Buffalo, NY

Grantee No: 1792

Executive Official: Mr. Lawrence Meckler

> Executive Director
>
> Niagara Frontier Transportation Authority
>
> 181 Ellicott Street
>
> Buffalo, NY 14205

Report Prepared By: MILLIGAN & CO., LLC

105-107 N. 22^nd^ Street, 2^nd^ Floor,

Mulberry Atrium North

Philadelphia, PA 19103

Site Visit Dates: June 23 to June 25, 2004

Compliance Review

Team Members: Denise Bailey

> Lead Reviewer Milligan & Co., LLC

James Buckley

> Reviewer

Milligan & Co., LLC

II. []{#__RefHeading___Toc51057801 .anchor}JURISDICTION AND AUTHORITIES

The Federal Transit Administration (FTA) Office of Civil Rights is
authorized by the Secretary of Transportation to conduct civil rights
compliance reviews. Reviews are undertaken to ensure compliance of
applicants, recipients, and subrecipients with Title VI of the Civil
Rights Act of 1964, as amended (42 U.S.C. 2000d); Section 12 of the
Master Agreement, Federal Transit Administration C.A. (9), October 1,
2002; and 49 U.S.C. 5332, "Non-Discrimination."

The Niagara Frontier Transportation Authority (NFTA) is a recipient of
FTA funding assistance and is therefore subject to the Title VI
compliance conditions associated with the use of these funds pursuant to
FTA Circular 4702.1, "Title VI Program Guidelines for Federal Transit
Administration Recipients," dated May 26, 1988. The program guidelines
of FTA Circular 4702.1 define the components that must be addressed and
incorporated in NFTA's Title VI Program and were the basis for the
selection of compliance elements that were reviewed in this document.

[]{#__RefHeading___Toc51057802 .anchor}**III. [PURPOSE AND
OBJECTIVES]{.underline}**

**Purpose**

The Federal Transit Administration (FTA) Office of Civil Rights
periodically conducts discretionary reviews of grant recipients and
subrecipients to determine whether they are honoring their commitments,
as represented by certification, to comply with the requirements of 49
U.S.C. 5332. In keeping with its regulations and guidelines, FTA
determined that a Compliance Review of the Niagara Frontier
Transportation Authority (NFTA) Title VI Program was necessary.

The Office of Civil Rights authorized Milligan & Co., LLC to conduct the
Title VI Compliance Review of NFTA. The primary purpose of this
Compliance Review was to determine the extent to which NFTA has met its
General Reporting and Program-Specific requirements, in accordance with
FTA Circular 4702.1, "Title VI Program Guidelines for Federal Transit
Administration Recipients," as represented to FTA. The Compliance Review
had a further purpose to provide technical assistance and to make
recommendations regarding corrective actions, as deemed necessary and
appropriate. The Compliance Review was not an investigation to determine
the merit of any specific discrimination complaints filed against NFTA.

#### 

#### Objectives

The objectives of FTA's Title VI Program, as set forth in FTA Circular
4702.1, "Title VI Program Guidelines for Federal Transit Administration
Recipients" are:

-   To ensure that FTA-assisted benefits and related services are made
    available and are equitably distributed without regard to race,
    color, or national origin;

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-   To ensure that the level and quality of FTA-assisted transit
    services are sufficient to provide equal access and mobility for any
    person without regard to race, color, or national origin;

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-   To ensure that opportunities to participate in the transit planning
    and decision-making process are provided to persons without regard
    to race, color, or national origin;

-   To ensure that decisions on the location of transit services and
    facilities are made without regard to race, color, or national
    origin; and

-   To ensure that corrective and remedial action is taken by all
    applicants and recipients of FTA assistance to prevent
    discriminatory treatment of any beneficiary based on race, color, or
    national origin.

    []{#__RefHeading___Toc51057803 .anchor}IV. BACKGROUND INFORMATION

Niagara Frontier Transportation Authority (NFTA) was established in 1967
by the New York State Public Authorities Law to provide and assist
public transportation in Erie and Niagara Counties by acquiring,
constructing and operating existing or additional transit facilities.
NFTA owns and operates the Niagara Frontier Transit Metro System, Inc.
(Metro), as well as the Niagara Falls International Airport, Buffalo
Niagara International Airport, and the Port of Buffalo. Metro, a wholly
owned subsidiary public benefit corporation of NFTA, was cre­ated in 1974
to provide mass transportation services in the Niagara Frontier region.
Prior to the establishment of Metro, public transportation in the region
was provided by the Niagara Frontier Transit System, Inc. and other
private companies. Metro serves a population of 1.2 million peo­ple in
the cities of Buffalo, Niagara Falls, Tonawanda, North Tonawanda,
Lockport, and sur­rounding areas.

NFTA is governed by an 11 member Board of Commissioners who are
ap­pointed by the Governor of New York with the advice and consent of the
State Sen­ate. The Governor makes the appointments and the State Senate
confirms them. NFTA includes three business units, Aviation, Surface
Transportation, and Property Man­agement. Aviation and Surface
Transportation Directors report directly to the Executive Director, who
is re­sponsible for all activities of the Authority. NFTA is
headquartered at the Metropolitan Transportation Center in downtown
Buffalo and has approximately 1,550 transit-related employees. NFTA
operates all transit services in-house.

Metro provides transit service on 76 bus routes and one light rail line.
They provide over 8.7 million miles of revenue service, carrying about
27 million passengers annually. The light rail line opened for revenue
service in 1985 and operates from downtown Buffalo 6.4 miles northward
to the South Campus of the State University of New York at Buffalo. The
light rail system includes a total of 14 stations, six on the surface
and eight underground, and 27 rail cars. Bus service is provided
weekdays from 4:40 a.m. to 1:50 a.m. Saturday service is operated from
5:00 a.m. to 1:40 a.m. and Sundays from 5:45 a.m. to 1:30 a.m.
Complementary paratransit service is available during these same hours
as fixed route service. Rail service is provided weekdays from 5:30 a.m.
to 12:48 a.m., Saturdays from 7:05 a.m. to 12:49 a.m. and Sundays from
9:30 a.m. to 6:59 p.m.

The basic adult fare for bus service is \$1.50. A reduced fare of \$0.65
is offered to senior citizens, disabled, children and Medicare
passengers during all hours. The fare for ADA paratransit service is
twice the fare for fixed route service.

NFTA operates a fleet of 330 buses for fixed-route service. The current
peak requirement is 274 vehicles. NFTA also has a fleet of 18 vans,
which are operated for ADA paratransit service. NFTA operates from three
bus garages, two in Buffalo and one in Tonawanda. Its service is
oriented around six transit centers. NFTA operates one rail facility in
Buffalo.

Over the past three years, NFTA has purchased 104 replacement transit
buses, procured a replacement bus fare collection system and a
replacement rail radio system. NFTA has also installed an itinerant trip
planning system and completed an environmental assessment for the
Buffalo Intermodal Transportation Center. In the next three to five
years, NFTA plans continued bus replacement, replacement of rail track
fasteners and a rail car rebuild.

The cities of Buffalo and Niagara Falls are the urban core of NFTA's
region. The 2000 Census data show that Erie and Niagara Counties had a
total population of approximately 1,170,111. The population of the
urbanized area is 977,008. The 2000 Census data also show that 11.6% of
the population living in Erie and Niagara Counties had incomes below the
poverty level. In Erie County, there are 11,700 individuals currently
receiving Temporary Assistance of Needy Families (TANF) benefits. In
Niagara County, there are 4,913 individual TANF cases. In the cities of
Buffalo and Niagara Falls, the urban core of NFTA's service area,
approximately 30% of households are considered low income.

NFTA participates in New York State's TANF and Community Solutions for
Transportation (CST) grant programs, in addition to its existing FTA Job
Access and Reverse Commute (JARC) grants. According to a June 2004
status report, NFTA had distributed over 600 monthly all-zone passes to
TANF clients with a two-year projection to distribute over 3,500 passes.
It additionally plans to distribute 12,000 passes to CST clients. NFTA
has installed computerized systems to track origin and destination
location data of the pass users under this program.

**Racial Breakdown of NFTA Service Area**

######### 2000 Census

+-------------------------------------------------+--------------------+
| **Racial/ Ethnic Group**                        | ####               |
|                                                 |  NFTA Service Area |
|                                                 |                    |
|                                                 | #### Total/        |
|                                                 |                    |
|                                                 | #### Percent       |
+-------------------------------------------------+--------------------+
| #### White                                      | #### 980,989       |
|                                                 |                    |
|                                                 | *83.84%*           |
+-------------------------------------------------+--------------------+
| #### Black                                      | #### 136,362       |
|                                                 |                    |
|                                                 | *11.65%*           |
+-------------------------------------------------+--------------------+
| #### American Indian /Alaskan Native            | #### 8,085         |
|                                                 |                    |
|                                                 | *0.69%*            |
+-------------------------------------------------+--------------------+
| #### Asian/Pacific Islander                     | 14,041             |
|                                                 |                    |
| ####                                            | *1.2%*             |
+-------------------------------------------------+--------------------+
| #### Hawaiian                                   | 327                |
|                                                 |                    |
|                                                 | *0.03%*            |
+-------------------------------------------------+--------------------+
| #### Other                                      | 13,811             |
|                                                 |                    |
|                                                 | *1.18%*            |
+-------------------------------------------------+--------------------+
| #### Two or more Races                          | 16,496             |
|                                                 |                    |
|                                                 | *1.41%*            |
+-------------------------------------------------+--------------------+
| #### Total Population                           | **1,170,111**      |
+-------------------------------------------------+--------------------+
| #### *Total Minorities*                         | **16.16%**         |
+-------------------------------------------------+--------------------+

[]{#__RefHeading___Toc51057804 .anchor}V. SCOPE AND METHODOLOGY

#### Scope

The Title VI Compliance Review of NFTA examined the following
requirements as specified in FTA Circular 4702.1:

1.  [General Reporting Requirements]{.underline} - all applicants,
    recipients and subrecipients shall maintain and submit the
    following:

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a.  list of active Title VI lawsuits or complaints;

b.  description of pending applications for financial assistance;

c.  summary of recent civil rights compliance review activities;

d.  signed FTA Civil Rights Assurance;

e.  signed standard DOT Title VI Assurance; and

f.  fixed-facility impact assessment analysis, if applicable, for
    construction projects.

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2.  [Program-Specific Requirements]{.underline} - all applicants,
    recipients and subrecipients that provide public mass transit
    service in areas with populations over 200,000 shall also submit the
    following:

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a.  demographic and service profile maps, overlays and charts;

b.  service standards and policies;

c.  assessment of compliance by grantees; and

d.  Information on other areas of Title VI considerations.

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3.  [Monitoring Procedures for Transit Providers]{.underline} -- all
    applicants, recipients and subrecipients that provide public transit
    service are required to develop and implement procedures to monitor
    their level and quality of transit service to determine compliance
    with Title VI.

4.  [Complaint Process for Title VI]{.underline} -- all applicants,
    recipients, and subrecipients shall have a procedure in place for
    the filing of Title VI discrimination complaints. The procedure
    shall be made available to participants, beneficiaries, and other
    interested parties.

#### Methodology

[Data Collection]{.underline}

An initial interview was conducted with the Region VI Civil Rights
Officer to discuss specific Title VI issues and concerns regarding NFTA.
A desk review was conducted to examine documents regarding Title VI
issues that were previously submitted to FTA. A detailed letter was also
sent to NFTA advising the agency of the site visit and indicating
information that would be needed and issues that would be discussed.

In the letter, NFTA was requested to provide the following background
information:

-   NFTA's most recent Title VI Update that was submitted to FTA

-   Description of NFTA's service area, including general population and
    other demographic information using Census 2000 data

-   Current description of NFTA's fixed route services, including system
    maps, public timetables, transit service brochures, etc.

-   Any studies or surveys conducted by NFTA, its consultants or other
    interested parties (colleges or universities, community groups,
    etc.) regarding ridership, service levels and amenities, passenger
    satisfaction, passenger demographics or fare issues during the past
    three years.

-   Budget documents showing actual capital and operating expenditures
    by department for the past three years.

In the letter, NFTA was requested to provide an update of the following
General Reporting Requirements (Chapter III, Section 2 of FTA Circular
4702.1) since its April 30, 2001 Title VI submittal to FTA.

-   A list of any active lawsuits and complaints

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-   Pending grant applications

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-   Other civil rights compliance reviews during the last three years

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-   Fixed facility impact analysis and, if needed, a program or other
    measures to mitigate any identified adverse impact on the minority
    community

NFTA was also requested to provide the following information and updates
on the Program-Specific Requirements in accordance with Chapter III,
Section 3 of FTA Circular 4702.1, since its 2003 Title VI submittal to
FTA Region II.

-   Base map showing census tracts from 2000 census or traffic analysis
    zones (TAZs), identification of major streets and highways, fixed
    transit facilities, and major activity centers or trip generators

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-   Map overlays which show areas with significant minority populations
    based on 2000 census tract data or TAZ, and which show transit
    services (e.g., bus routes, transit centers, garages, etc.)

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-   A population/racial distribution chart which shows the number and
    percentage of each minority group population in each 2000 census
    tract or TAZ

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-   Service standards adopted by NFTA for use in measuring the level of
    service provided to minority and non-minority communities. This
    should include standards for vehicle load, vehicle assignment,
    vehicle headway, distribution of transit amenities, and transit
    access

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-   Information collected by NFTA for each bus route to monitor service
    for compliance with established service standards, e.g., vehicle
    load factor analyses, vehicle assignment sheets, vehicle headways,
    and amenities, such as those provided at bus stops.

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-   Results of any analysis performed to compare the level and quality
    of services in minority and non-minority areas

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-   Ridership by route

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-   Passenger boardings by bus stop

-   Maximum load points by route

-   Fleet inventory for buses, by garage or shop, that indicates vehicle
    type, vehicle number, age and key amenities, e.g. air conditioning,
    wheelchair lifts/ramps, soft seating, etc.

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-   Inventory of bus stop shelters and benches which indicates their
    location and any amenities such as benches, lights and telephones

-   Inventory of rail transit stations that indicates: location in a
    minority or non-minority area (ranked from highest concentration of
    minorities to the least concentration of minorities); date of the
    station opening; list of amenities; any design features that impact
    maintenance and security;

-   NFTA criteria for ranking stations to determine allocation of
    personnel and resources (e.g. weekday boardings, number of bus
    trips, etc)

-   Capital expenditures *by rail station*

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-   Listing of service changes in the past three years, including
    increases/decreases in headways, additions/deletions
    extensions/contractions of routes.

In addition, NFTA was requested to provide the following other Program-
Specific Requirements in accordance with Chapter III, Section 4, Chapter
IV, Section II and Chapter VII, Section 2 of FTA Circular 4702.1:

-   Information about possible service changes over the next three years
    and a description of the effect of these changes on minority
    communities and minority transit users, including additions or
    deletions of routes/lines, extensions or reductions of routes/lines,
    increases or decreases in days and hours of service, changes to
    headway or fares, and additions or deletions of amenities

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-   Description of the methods used to inform minority communities of
    planned service changes

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-   A racial breakdown of all non-elected boards, advisory councils, and
    committees and a description of efforts to encourage minorities to
    participate on these boards, councils and committees

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-   A description of efforts to make communications and information
    available in non-English formats for those minority groups which
    need this assistance and which constitute a significant number or
    portion of the total population

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-   Description of NFTA's internal monitoring procedure to insure that
    its level and quality of service is in compliance with Title VI,
    along with copies of NFTA's "level of service" and "quality of
    service" evaluations, including recommendations for addressing
    disparities, if any are identified

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-   Description of the existing Title VI or service complaint process
    and copies of materials available to the public that describe the
    process for filing complaints.

[Site Visit]{.underline}

The site visit to NFTA took place June 23-25, 2004. The exit conference
was held June 25, 2004. The individuals participating in the review are
listed in Section VIII of this report. At the entrance conference, the
purpose of the Title VI Compliance Review and the review process were
discussed. A detailed schedule for conducting the on-site visit was
discussed. The focus of the site visit then turned to the status of the
information requested in the letter notifying NFTA of the Compliance
Review. Arrangements were also made for a tour of NFTA facilities and
interviews with NFTA's staff and community representatives.

During the site visit, the review team conducted tours of two bus
routes: the \# 3- Grant (minority), and \# 15 -- Seneca (non-minority).
Additionally, the review team rode the Metro rail, making stops at two
minority stations: Utica and Allen Hospital and South Campus, a
non-minority station. Distribution of shelters, benches, bus stop signs,
and buses assigned to these routes were observed.

Interviews were conducted with NFTA's staff to provide information on
the extent to which Title VI requirements are incorporated in the
planning and implementation of service by NFTA. The interviews also
focused on staff efforts to make communications and information
available in non-English formats.

Interviews were also conducted with representatives of community
organizations to gain insight on how the minority community is
represented and participates in NFTA's planning process. Those
interviewed included representatives from the Hispanic United of Buffalo
(HUB), a merger of three Hispanic organizations, and the Buffalo Chapter
of the National Association for the Advancement of Colored People
(NAACP).

At the exit conference, FTA via conference call, NFTA staff, and the
review team discussed the results of the site visit and the next steps,
which included the submittal of additional data and documentation needed
to meet FTA requirements for Title VI.

[]{#__RefHeading___Toc51057805 .anchor}VI. FINDINGS AND RECOMMENDATIONS

The Title VI Compliance Review focused on Niagara Frontier
Transportation Authority's (NFTA) compliance with both the General
Reporting Requirements and the Program-Specific Requirements. This
section describes the requirements and findings at the time of the
Compliance Review site visit.

1.  []{#__RefHeading___Toc51057806 .anchor}List of Active Complaints and
    Lawsuits

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a list of any active lawsuits or complaints naming
the applicant that alleges discrimination on the basis of race, color,
or national origin with respect to service or other transit benefits.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for a List of Active
Complaints and Lawsuits. NFTA's Title VI submission noted that there
were no pending lawsuits that may have any potential to adversely affect
the proposed projects or the ability of NFTA to carry out its projects.
At the site visit, NFTA Counsel, Susan Wheatley affirmed that there were
no active lawsuits naming the authority that allege discrimination on
the basis of race, color, or national origin. She further confirmed the
information provided on NFTA complaints.

NFTA provided the review team with a listing of internal and external
civil rights complaints dating back to 2000. The majority of the
complaints were Equal Employment Opportunity (EEO) complaints. Three
complaints were service-related and they are detailed below:

  ----------------------- ----------------------- -----------------------
  **Complainant           **Basis of Claim**      **Status**
  Race/Gender                                     
  Information**                                   

  Black Female            Disability              Settled in New York
                          discrimination for      State Department of
                          failure to lower bus    Human Resources (DHR)
                          kneeler                 12/03

  Unknown                 Disability              No probable cause found
                          discrimination based on by DHR 5/21/04
                          wheelchair              
                          accessibility of buses  

  Black Female            Race discrimination in  No probable cause found
                          treatment by bus driver by DHR 8/11/00
  ----------------------- ----------------------- -----------------------

2.  []{#__RefHeading___Toc51057807 .anchor}Pending Applications for
    Financial Assistance

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a description of all pending applications for
financial assistance, and all financial assistance currently provided by
other Federal agencies.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Pending Applications
for Financial Assistance. At the site visit, NFTA provided information
on its pending and active FTA grants. The agency has two pending grant
primarily for replacement buses and equipment.

3.  []{#__RefHeading___Toc51057808 .anchor}Summary of Civil Rights
    Compliance Reviews

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a summary of all civil rights compliance review
activities conducted in the last three years.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Summary of Civil
Rights Compliance Reviews. Other than a Disadvantaged Business
Enterprise (DBE) review conducted by FTA in July 2001, neither FTA nor
any other oversight agency has conducted a civil rights review in the
past three years.

4.  []{#__RefHeading___Toc51057809 .anchor}FTA Civil Rights Assurance

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a signed FTA Civil Rights Assurance that all of the
records and other information required have been or will be compiled, as
appropriate.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for FTA Civil Rights
Assurance. Subsequent to the site visit, NFTA provided a copy of its
most recently signed FTA Civil Rights Assurance dated July 23, 2004.

5.  []{#__RefHeading___Toc51057810 .anchor}DOT Title VI Assurance

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a signed standard DOT Title VI Assurance. This is a
\"One-Time Submission.\"

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for DOT Title VI
Assurance. Subsequent to the site visit, NFTA provided a copy of its
most recently signed DOT Title VI Assurance dated July 23, 2004.

6.  []{#__RefHeading___Toc51057811 .anchor}Fixed-Facility Impact
    Analysis

**Requirement:** For construction projects, all applicants, recipients
and subrecipients shall conduct a fixed-facility impact analysis (FFIA)
to assess the effects on minority communities. This information can be
included in the environmental assessment or environmental impact
statement.

**Finding:** During this Title VI Compliance Review of NFTA,
deficiencies were found with FTA requirements for Fixed Facility Impact
Analysis (FFIA). While most of the required elements of a FFIA were
conducted during the environmental assessment of the projects reviewed,
an inventory of minority businesses and residents were not included in
all of them. The review team selected two FTA-funded projects to review:
the Erie Canal Harbor Project, and the Buffalo Intermodal Transportation
Center.

The Erie Canal Harbor Project is a waterfront infrastructure project
that includes reconstruction and restoration of historic and cultural
features, a transit plaza, waterfront esplanade, maritime facilities,
access infrastructure and a new Naval and Serviceman's Park. The current
schedule shows construction starting in Fall 2004 with completion in
Fall 2007. Empire State Development Corporation, a subrecipient of NFTA,
will manage the design and construction of the project.

The Buffalo Intermodal Transportation Center is a project currently in
the study phase. This anticipated scope of this project entails the
relocation of the downtown Amtrak to provide a physical connection to
the Metro Bus and Rail system, the Inner harbor project, and local
pedestrian and bicycle ways. As initially envisioned, the project had
received an environmental Record of Decision (ROD) from FTA. However,
recent developments may revise the project scope and site.

The following chart describes the required elements of FTA's FFIA and
the information provided on site to address each of these elements.

  ---------------------------- --------------------- ---------------------
  **4702.1 FFIA Element**      **Buffalo Intermodal  **Erie Canal Harbor
                               Transportation Center Project**
                               EA**                  

  *Discussion of potential     Discussion of         Discusses potential
  impacts on minority          potential temporary   temporary impacts
  communities and              impacts during and    during and after
  minority-owned businesses    after construction.   construction. Notes
  during and after             Notes the minority    the census tracts
  construction*                residents and all     that would be
                               businesses in and     involved in the
                               surrounding the study project, and the
                               area.                 minority statistics
                                                     related to those
                                                     tracts. Discusses
                                                     potential periodic
                                                     increases in noise
                                                     levels during
                                                     festival and concert
                                                     events that would be
                                                     mitigated through
                                                     event permitting
                                                     procedures and
                                                     enforcement of City
                                                     noise ordinances.

  *Discussion of all potential Discussion of during  Discussion of during
  negative environmental       and after potential   and after potential
  impact, such as noise, air,  negative impacts.     negative impacts.
  or water pollution*          Negatives noted       Negatives noted
                               during construction   during construction
                               include short-term    include dust,
                               impacts to surface    vibration, and noise.
                               water, air quality    
                               and noise levels.     

  *Detailed list of            Includes a chart of   Noted that no
  minority-owned businesses    the census tracts     businesses would be
  and households that will be  contained within and  affected temporarily
  affected by the construction surrounding the       or permanently by the
  project*                     project area. For     project. No specific
                               each tract, a         listing of households
                               detailed listing of   and businesses
                               minority and          affected by potential
                               non-minority          negative impacts
                               residents is          noted in above
                               included. For         element.
                               businesses, includes  
                               a discussion of the   
                               specific businesses   
                               (not categorized as   
                               minority or           
                               non-minority-owned)   
                               in the project area   
                               (none) and those in   
                               surrounding areas.    

  *Description of other        Evaluated and         Evaluated and
  significant changes or       concluded that there  concluded that there
  impacts on the minority      would be no           would be no
  community, such as increased disproportionately    disproportionately
  traffic, reductions in the   high and adverse      high and adverse
  amount of available parking, impacts on human      impacts on human
  etc.*                        health and the        health and the
                               environment.          environment.

  *Description of measures to  No adverse effects    No adverse effects
  mitigate any identified      identified that would identified that would
  adverse social, economic, or necessitate permanent necessitate
  environmental effect of the  mitigation. Includes  additional
  proposed construction        discussion on steps   mitigation.
  project.*                    to be taken to        
                               mitigate any impacts  
                               during construction.  
  ---------------------------- --------------------- ---------------------

In addition to the above-mentioned projects, NFTA initiated a study in
November 2003 to evaluate potential sites for a new Niagara Falls
International Transportation Center to replace Niagara Falls
International Transportation Center in Niagara Falls. This study is
anticipated to be completed in November 2004 and will include
suggestions and comments from the community through focus groups and
public meetings.

Subsequent to the site visit, NFTA submitted to the FTA Office of Civil
Rights a written process to ensure that all elements of a fixed-facility
impact analysis will be conducted for future federally funded projects
in compliance with FTA requirements. []{#__RefHeading___Toc51057812
.anchor}No further corrective action is required in response to this
finding.

7\. Demographic and Service Profile Maps, Overlays and Charts

**Requirement:** Information must be kept on the minority population
eligible to receive federally funded services. Transit providers meeting
the threshold must prepare demographic and service profile maps,
overlays, and charts. These maps must be updated and submitted after
each Federal census or as soon as the census data becomes available, or
within three years when there are significant changes in the transit
system.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Demographic and
Service Profile Maps, Overlays and Charts. NFTA provided several maps
that depicted the minority makeup of census tracts (using 2000 census
data) in their service area. In its Title VI submittal and information
provided at the site visit, NFTA provided integrated maps and overlays
that met with the Title VI Requirements, as follows:

-   **Base Maps and Overlays --** For its service area NFTA provided a
    legible scaled base map that identified each census tract by number.
    It also included separate maps that identified bus routes, major
    streets and highways, major trip generators, and maintenance and
    garage facilities. Each of these maps included a color-coded
    integrated overlay that denoted minority and non-minority census
    tracts.

-   **Population/Racial Distribution Charts --** For its service area,
    NFTA provided population distribution charts that follow the format
    suggested in FTA Circular 4702.1.

7.  []{#__RefHeading___Toc51057813 .anchor}Service Standards and
    Policies

**Requirement:** Information on the system-wide service policies and
standards used by the transit provider that relates to service
considerations covered by Title VI must reflect current practices. The
five transit service indicators FTA considers significant to monitor a
public transit system's compliance with Title VI are:

(1) Vehicle Load or Load Factor

(2) Vehicle Assignment

(3) Vehicle Headway

(4) Distribution of Transit Amenities

(5) Transit Access

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Service Standards.
NFTA has a manual that details various standards for its bus system. In
addition to those required by FTA, they include standards such as fiscal
condition (farebox recovery, passengers/hour of service), and
dependability (missed trips, on time performance). NFTA's light rail
system consists of one 6.4-mile rail line. While there are internal
standards for light rail service, only distribution of transit amenities
were reviewed for Title VI, as the rail system consists of one route
with 14 stations.

+-----------------+-------------------------+--------------------------+
| **FTA Service   | **NFTA Policy**         | #### Comments            |
| Standard**      |                         |                          |
+-----------------+-------------------------+--------------------------+
| **Vehicle       | **Bus** --The standard  | > NFTA provided a sample |
| Load** - A      | for local routes is     | > of its "Ride Load      |
| ratio of the    | 140% during peak        | > Summaries" that        |
| number of       | periods and 100% during | > details, for each      |
| passengers on a | off-peak periods. The   | > route, ridership       |
| vehicle to the  | standard is 100% for    | > statistics that        |
| number of seats | express routes.         | > include percent of bus |
|                 |                         | > seats occupied.        |
|                 | **Rail** -- NFTA has    |                          |
|                 | only one rail route     |                          |
+-----------------+-------------------------+--------------------------+
| **Vehicle       | **Bus -** Vehicles are  | This practice was        |
| Assignment      | assigned to one of      | confirmed at the bus     |
| -**The process  | NFTA's three garages.   | depot visit conducted    |
| by which        | Within a particular     | during the site review.  |
| vehicles are    | garage, buses are       | Additionally, at the     |
| assigned to     | assigned randomly. New  | site visit, a review of  |
| routes          | buses are assigned to   | average age of fleet at  |
| throughout the  | keep the age of fleet   | each garage showed that  |
| system due to   | as low as possible at   | the average fleet age at |
| variations      | each garage.            | NFTA's three garages     |
| among vehicles  |                         | ranged from 80.3 months  |
| (age, size,     | **Rail -** NFTA has     | to 86.3 months.          |
| amenities,      | only one rail route     |                          |
| etc.).          | with one maintenance    |                          |
|                 | facility. All vehicles  |                          |
|                 | are assigned to this    |                          |
|                 | route and this garage.  |                          |
+-----------------+-------------------------+--------------------------+
| **Vehicle       | **Bus** -- Primary      | > Standards also include |
| Headway** -     | route standard headway  | > span of service        |
|                 | is 20 minutes,          | > (operating hours per   |
| The time        | supporting route        | > day) for primary,      |
| interval        | headway is 30 minutes,  | > supporting, Niagara,   |
| between two     | and the Niagara service | > and express routes.    |
| vehicles        | headway is 40 minutes.  |                          |
| traveling in    |                         |                          |
| the same        | ####                    |                          |
| direction on    |                         |                          |
| the same route  |                         |                          |
+-----------------+-------------------------+--------------------------+
| **Distribution  | **Bus -** Includes the  | > NFTA provided a        |
| of Transit      | following:              | > listing of bus stops   |
| Amenities** -   |                         | > that indicates the     |
|                 | -   Bus stop spacing -  | > location, position,    |
| Criteria for    |     based on population | > and routes serviced by |
| installation of |     density. For        | > its bus stops.         |
| items of        |     example: spacing in | >                        |
| comfort and     |     areas with          | > NFTA provided a        |
| convenience     |     population over     | > listing of bus shelter |
| available to    |     5,000/sq. mile is   | > that shows the type    |
| the general     |     every other block;  | > and location of each   |
| public          |     2,000 -- 5,000 per  | > shelter.               |
|                 |     sq. mile if 5 to 7  | >                        |
|                 |     stops per mile,     | > This was confirmed     |
|                 |     etc.                | > during site visit.     |
|                 |                         |                          |
|                 | -   Waiting shelters -- | During the site visit,   |
|                 |     areas with 100 or   | NFTA provided            |
|                 |     more boarding       | information on criteria  |
|                 |     and/or transferring | for capital and          |
|                 |     passengers per day  | operating expenditures   |
|                 |     with an available   | on stations. The primary |
|                 |     area of 50 sq.      | factors for expenditures |
|                 |     feet.               | are passenger volume and |
|                 |                         | station design. NFTA has |
|                 | -   Air-conditioned and | six above ground         |
|                 |     wheel-chair         | stations and eight       |
|                 |     accessible buses -- | underground stations.    |
|                 |     all buses must be   | During the site visit,   |
|                 |     accessible and air  | the review team viewed   |
|                 |     conditioned.        | above-grade and          |
|                 |                         | below-grade stations in  |
|                 | **Rail -** The 14 rail  | minority and             |
|                 | stations were designed  | non-minority communities |
|                 | with essentially the    | and verified station     |
|                 | same amenities. The     | amenities as described.  |
|                 | only difference is      | NFTA is currently in the |
|                 | between above ground    | process of implementing  |
|                 | stations and            | a Work Order Tracking    |
|                 | underground stations    | system for the Metro     |
|                 | due (i.e. below grade   | Rail system. This will   |
|                 | stations have           | provide the ability to   |
|                 | escalators, etc.)       | track and monitor        |
|                 |                         | maintenance cost by      |
|                 |                         | station.                 |
+-----------------+-------------------------+--------------------------+
| **Transit       | > **Bus** -- Transit    | > Described as "Service  |
| Access** - The  | > access if a function  | > Coverage" in the       |
| distance a      | > of population density | > service standards      |
| person must     | > and household         | > manual. Also includes  |
| travel to gain  | > ownership of an       | > transit access for     |
| access to       | > automobile. In areas  | > business and activity  |
| transit service | > with more than 20% of | > centers.               |
|                 | > households without    |                          |
|                 | > autos, the access     |                          |
|                 | > standard is ¼ mile.   |                          |
|                 | > For areas where       |                          |
|                 | > 10-20% of the         |                          |
|                 | > households do not     |                          |
|                 | > have an auto, the     |                          |
|                 | > access standard is ½  |                          |
|                 | > mile.                 |                          |
+-----------------+-------------------------+--------------------------+

[]{#__RefHeading___Toc51057814 .anchor}

8.  Assessment of Compliance by Grantees

**Requirement:** To develop procedures and guidelines for monitoring
compliance with Title VI. This includes evaluating system-wide changes
and improvements at the planning and programming stages to determine
whether the overall benefits and costs of such changes are distributed
equally. Additionally, compliance assessments must be conducted to
determine whether the transit service provided to minority communities
and minority users is consistent with the objectives of FTA's Title VI
program.

**Finding:** During this Title VI Compliance Review of NFTA,
deficiencies were found with FTA requirements for assessment of
compliance with Title VI. While NFTA conducts various types of analysis
for proposed system-wide changes and improvements, it did not provide
documentation that there are procedures in place to conduct these
assessments routinely in the planning and programming stages to
determine whether the overall benefits and costs of such changes are
distributed equally.

NFTA implemented a fare increase in June 2003. This fare increase raised
the base fare from \$1.25 to \$1.50. It is the first increase in base
fare that NFTA has had since 1995. Two public hearings were held; one in
Buffalo and one in Niagara.

For long range transit planning, NFTA relies on the outreach efforts of
the Greater Buffalo-Niagara Regional Transportation Council (GBNRTC),
the region's Metropolitan Planning Organization (MPO). NFTA is an active
member of GBNRTC and works with their staff in developing short and
long-range transportation plans. NFTA reported that GBNRTC has an
extensive outreach program that includes transit planning. At the time
of FTA's Title VI review of NFTA, GBNRTC was undergoing a USDOT Planning
Certification Review, which included a review of their Environmental
Justice Program. It is anticipated that NFTA will participate in
addressing any transit planning issues related to that review.

NFTA anticipates that after the completion of its Niagara Falls
transportation study (Fall 2004) service changes will likely be
proposed. An analysis of the impacts of any changes to minority routes
or communities should be evaluated for any of these or other proposed
system changes.

Subsequent to the site visit, NFTA submitted to the FTA Office of Civil
Rights documentation that it has developed procedures and guidelines for
monitoring compliance with Title VI in accordance with FTA requirements.

NFTA plans to conduct level and quality of service monitoring on an
annual basis or when significant system-wide changes to service or fares
are being planned or proposed to determine whether overall benefits and
costs of such changes are distributed equitably. No further corrective
action is required in response to this finding.

9.  []{#__RefHeading___Toc51057815 .anchor}Other Areas of Title VI
    Considerations

Title VI considerations extend to four other components: (1) Changes in
Service Features; (2) Information Dissemination; (3) Minority
Representations on Decision-making Bodies; and (4) Multilingual
Facilities.

[]{.mark}

**[Changes in Service Features]{.underline}**

**Requirement:** Recipients must provide a description of proposed
service changes to be made over a three-year period and a statement of
the effect of these changes on the minority communities and minority
transit users.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Changes in Service
Features. NFTA provided information that it assesses the impact of
service changes on minority riders. According to the most recent Title
VI Program and information provided at the site visit, NFTA implemented
a number of service changes in 2000, 2001, 2002 and 2003. An analysis of
the proposed service changes, including descriptions and rationale were
provided to the review team. Additionally, NFTA provided a copy of its
"Internal Title VI Review Process" covering the period 2000 -- 2002 that
reviewed Winter, Spring, Summer, and Fall services changes and the
impact on minority communities. Information used to determine impacts
included data received on services issues received from the Customer
Service Department and demographic information on census tracts that
would be primarily affected by changes. This report also includes
information gathered at public meetings held on the service changes. If
modification to service changes were made as a result of feedback from
the community, that is also noted on in this assessment.

######## Information Dissemination

**Requirement:** Recipients must provide a description of the methods
used to inform the minority communities of service changes relating to
transit service and improvements.

> **Finding:** During this Title VI Compliance Review of NFTA, no
> deficiencies were found with FTA requirements for Information
> Dissemination. Documentation was provided to demonstrate that NFTA
> communicates with minority groups on changes related to transit
> service and improvements, and continues to improve these efforts.
> These methods include passenger bulletins, posted rider alerts,
> postings on NFTA's website and public hearings when necessary. If
> public hearings are necessary, they are held at facilities that are
> transit-accessible. NFTA's efforts include advertisements in local
> minority-focused publications such as the Challenger and the Panorama.
> NFTA also provides service change information to regional job
> development groups and the Erie and Niagara County Departments of
> Social Services. Additionally, NFTA provides schedule racks to several
> community organizations throughout the area. During interviews with
> one community organization at the site visit (Hispanics United of
> Buffalo Inc.'s (HUB)), NFTA personnel demonstrated its new web-enabled
> trip making capabilities. NFTA also has an educational session on the
> use of this trip-making systems scheduled at HUB for August 3, 2004.

######## Minority Representation on Decision-Making Bodies

**Requirement:** Recipients must provide a racial breakdown of
transit-related non-elected boards, advisory councils or committees,
which are an integral part of the transit agency's planning process and
a description of the efforts made to encourage minorities to participate
on such boards, councils, or committees.

**Finding:** During this Title VI Compliance Review of NFTA, an advisory
comment was made with respect to FTA requirements for Minority
Representation on Decision-Making Bodies.

NFTA is governed by an 11 member Board of Commissioners who are
ap­pointed by the Governor of New York with the advice consent of the
State Sen­ate. According to the latest board revision of February 2004,
minorities represent 9 percent (1 of 11) of the NFTA Board Members. No
documentation was provided that demonstrated efforts made to encourage
minorities to participate on the Board of Commissioners. NFTA
representatives described that they have no involvement in, nor do they
feel that they have the authority to influence, the make-up of NFTA's
Board. NFTA staff did provide information that its Director of EEO and
Diversity makes recommendations for members of various focus groups that
are used by NFTA and that she encourages the inclusion of minorities.
One such focus group is for the study of sites for a replacement of the
current Niagara Falls International Transportation Center in Niagara
Falls. A listing of the focus group members shows representatives from
several agencies that represent minority interests and communities such
as the Black Educators Association, NAACP, Thurgood Marshall
Organization, and the Masten Neighborhood Advisory Council.

**Advisory Comment:** While NFTA has no direct role in the Board
make-up, the FTA encourages NFTA to look at alternatives to encouraging
minority participation on the Board.

######## Multilingual Facilities

**Requirement:** Recipients must provide a description of the extent to
which bilingual persons and/or materials are or will be used to assist
non-English speaking persons desiring use of the transit system.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Multilingual
Facilities. NFTA public information regarding transit services is
primarily produced in English and Spanish.

During the site visit, evidence of various multilingual communications
including schedules, signage, and public notices were provided and
viewed during facility visits. NFTA produces five of its individual
schedule brochures in Spanish for routes that are heavily used by the
Hispanic community. NFTA works with the Hispanic community on any
Spanish translations to ensure that not only the wording, but also the
meaning and subtle issues of dialect, are correct so that the documents
will be easily understood. Four customer service representatives and
operators are bi-lingual and are used to assist customers who may need
verbal translation or assistance while using the system.

During the site visit, information was shared with NFTA on the Federal
Register notice regarding Limited English Proficiency requirements.

10. Internal Monitoring Procedures

**Requirement:** Recipients must develop and implement procedures to
monitor the level and quality of service provided to the minority
community, against overall system averages. At a minimum, recipients
must monitor transit service and related benefits to determine whether
the transit service provided to minority communities and minority users
is consistent with Title VI objectives.

**Findings:** During this Title VI Compliance Review of NFTA,
deficiencies were found with FTA requirements for Internal Monitoring
Procedures. At the time of the site visit, NFTA had not fully
implemented the required "level of service" and "quality of service"
monitoring procedures.

At the time of the site review, for level of service monitoring, NFTA
provided several types of analysis and data collection that it conducts
for measuring all routes' performance against established standards.
Additionally there is a procedures manual entitled "Procedures for
Evaluating Bus Service Standards" that provides information on how to
evaluate bus service in three categories: service coverage, patron
convenience, and fiscal condition. Using these methods, NFTA collects
information that can be used to monitor performance of the transit
system in accordance with FTA Circular 4702.1. The reviewers discussed
the method in the circular that specifies selecting a sample size of at
least 10 percent of all census tracts in the service area and assessing
the performance of minority areas against established standards. NFTA
representatives indicated that much of the data for this analysis has
been collected and entered into a database and that to complete the
analysis, this data needs to be updated, reviewed and analyzed.

For quality of service monitoring, FTA Circular 4702.1 requires the
selection of an appropriate sample size of minority and non-minority
census tracts, and a survey of riders to determine travel patterns,
travel time, and fare for the three most-traveled destinations. At the
site visit, NFTA presented the results of the GBNRTC "On-Board Passenger
Survey" dated August 30, 2002. The survey collected information such as
the profile of the typical NFTA customer (African American female, age
35 to 49, riding transit primarily to and from work), trip destination,
trip patterns, and fare information. While this survey collected several
data points that relate to the required FTA monitoring, an analysis of
the of minority and non-minority census tracts was not performed.

**Subsequent to the site visit, NFTA submitted to the FTA Office of
Civil Rights the procedures that it has** developed for level and
quality of service monitoring along with a schedule for completing this
monitoring and analysis, however the results of this analysis have not
yet been provided to FTA.

**Corrective Action Schedule:** Within 90 days, NFTA must submit to the
Region 2 Civil Rights Officer and the FTA Office of Civil Rights in
Headquarters the results of its level and quality of service monitoring.

11. []{#__RefHeading___Toc51057817 .anchor}Title VI Complaints

**Requirement:** All applicants, recipients, and subrecipients shall
have a procedure in place for the filing of Title VI discrimination
complaints. The procedure shall be made available to participants,
beneficiaries, and other interested parties.

**Finding:** During this Title VI Compliance Review of NFTA, no
deficiencies were found with FTA requirements for Title VI Complaints.
All service complaints are handled by NFTA's Customer Service
Department. NFTA provided a copy of their posters entitled "Civil Rights
Complaint Procedures" to the review team. In the procedures, it states
that "Management recognizes the right of every employee and customer to
file an external complaint....However, to insure prompt, fair &
impartial internal processing of complaints alleging discrimination a
complainant is urged to use the opportunity for internal discussion..."
In addition to the current postings at NFTA facilities and transit
centers, NFTA indicated in a letter dated July 30, 2003 that it also
intends to include this on the next printing of their brochures and on
interior bus panels.

NFTA provided information from representatives of the Customer Service
Department on the intake and processing of service complaints. NFTA's
Customer Care (CC) manager has designed an "Electronic Comment System"
that is integrated into NFTA's Trapeze scheduling system. When comments
are received by CC representatives regarding service, accommodations, or
complaints, information is entered into this computerized system. During
the intake process, a specific NFTA department is assigned the
responsibility for resolution. Additionally, there is an area to check
called "Red Flag" that allows the CC representative to elevate certain
complaints. Any complaint that could have a civil rights element is also
directed to Maryetta Pugh, NFTA's Director, of EEO and Diversity.

A demonstration of the complaint system was conducted for the review
team. In addition to tracking complaints to ensure their resolution,
this system allows NFTA to monitor complaint patterns in various ways,
such as by operator and route. In addition to the CC manager monitoring
the resolution of complaints, she reports to NFTA's board monthly on
complaints.

[]{#__RefHeading___Toc51057818 .anchor}VII. SUMMARY OF FINDINGS AND
CORRECTIVE ACTIONS

+--------------+------+---------------------+-----------+------+-----+
| **Title VI   | **   | Description of      | **C       | **   | **D |
| Requirements | Site | Deficiencies        | orrective | Resp | ate |
| For Transit  | Re   |                     | Ac        | onse | Cl  |
| Providers**  | view |                     | tion(s)** | D    | ose |
|              | F    |                     |           | ays/ | d** |
|              | indi |                     |           | Da   |     |
|              | ng** |                     |           | te** |     |
+==============+======+=====================+===========+======+=====+
| 1\. List of  | ND   |                     |           |      |     |
| Active       |      |                     |           |      |     |
| Complaints   |      |                     |           |      |     |
| and Lawsuits |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 2\. List of  | ND   |                     |           |      |     |
| Pending      |      |                     |           |      |     |
| Grant        |      |                     |           |      |     |
| Applications |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 3\. Summary  | ND   |                     |           |      |     |
| of           |      |                     |           |      |     |
| Compliance   |      |                     |           |      |     |
| Reviews      |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 4\. Signed   | ND   |                     |           |      |     |
| Civil Rights |      |                     |           |      |     |
| Assurance    |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 5 Signed DOT | ND   |                     |           |      |     |
| Title VI     |      |                     |           |      |     |
| Assurance    |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 6\.          | D    | NFTA did not        | NFTA      |      |     |
| Fi           |      | provide             | submitted |      |     |
| xed-Facility |      | documentation for   | written   |      |     |
| Impact       |      | all elements of a   | p         |      |     |
| Analysis     |      | Fixed Facility      | rocedures |      |     |
|              |      | Impact Analysis for | to ensure |      |     |
|              |      | its construction    | that a    |      |     |
|              |      | projects.           | fixed     |      |     |
|              |      |                     | -facility |      |     |
|              |      |                     | impact    |      |     |
|              |      |                     | analysis  |      |     |
|              |      |                     | is        |      |     |
|              |      |                     | conducted |      |     |
|              |      |                     | for all   |      |     |
|              |      |                     | federally |      |     |
|              |      |                     | funded    |      |     |
|              |      |                     | projects  |      |     |
|              |      |                     | in        |      |     |
|              |      |                     | c         |      |     |
|              |      |                     | ompliance |      |     |
|              |      |                     | with FTA  |      |     |
|              |      |                     | requ      |      |     |
|              |      |                     | irements. |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 7\.          | ND   |                     |           |      |     |
| Demographic  |      |                     |           |      |     |
| and Service  |      |                     |           |      |     |
| Maps,        |      |                     |           |      |     |
| Overlays and |      |                     |           |      |     |
| Charts       |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 8\. Service  | ND   |                     |           |      |     |
| Standards    |      |                     |           |      |     |
| and Policies |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 9\.          | D    | > While NFTA        | NFTA      |      |     |
| Assessment   |      | > conducts various  | submitted |      |     |
| of           |      | > types of analysis | docu      |      |     |
| Compliance   |      | > for proposed      | mentation |      |     |
| by Grantee   |      | > system-wide       | that it   |      |     |
|              |      | > changes and       | has       |      |     |
|              |      | > improvements, it  | developed |      |     |
|              |      | > did not provide   | p         |      |     |
|              |      | > documentation     | rocedures |      |     |
|              |      | > that there are    | and       |      |     |
|              |      | > procedures in     | g         |      |     |
|              |      | > place to conduct  | uidelines |      |     |
|              |      | > these assessments | for       |      |     |
|              |      | > routinely in the  | m         |      |     |
|              |      | > planning and      | onitoring |      |     |
|              |      | > programming       | c         |      |     |
|              |      | > stages to         | ompliance |      |     |
|              |      | > determine whether | with      |      |     |
|              |      | > the overall       | Title VI  |      |     |
|              |      | > benefits and      | in        |      |     |
|              |      | > costs of such     | a         |      |     |
|              |      | > changes are       | ccordance |      |     |
|              |      | > distributed       | with FTA  |      |     |
|              |      | > equally.          | requ      |      |     |
|              |      |                     | irements. |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 10\. Other   | ND   |                     | FTA       |      |     |
| Areas of     |      |                     | e         |      |     |
| Title VI     | ND   |                     | ncourages |      |     |
| Co           |      |                     | NFTA to   |      |     |
| nsiderations | AC   |                     | continue  |      |     |
|              |      |                     | to        |      |     |
| Changes in   | ND   |                     | explore   |      |     |
| Service      |      |                     | ways of   |      |     |
| Features     |      |                     | en        |      |     |
|              |      |                     | couraging |      |     |
| Information  |      |                     | minority  |      |     |
| D            |      |                     | part      |      |     |
| issemination |      |                     | icipation |      |     |
|              |      |                     | on the    |      |     |
| Minority     |      |                     | Board of  |      |     |
| Re           |      |                     | Trustees  |      |     |
| presentation |      |                     | and other |      |     |
| on           |      |                     | decisi    |      |     |
| Dec          |      |                     | on-making |      |     |
| ision-making |      |                     | bodies of |      |     |
| Bodied       |      |                     | the       |      |     |
|              |      |                     | agency to |      |     |
| M            |      |                     | be in     |      |     |
| ulti-lingual |      |                     | c         |      |     |
| Facilities   |      |                     | ompliance |      |     |
|              |      |                     | with FTA  |      |     |
|              |      |                     | rules.    |      |     |
|              |      |                     |           |      |     |
|              |      |                     | .         |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 11\.         | D    | > NFTA did not      | Submit    | 90   |     |
| Monitoring   |      | > provide           | the       |      |     |
| Procedures   |      | > documentation of  | results   |      |     |
|              |      | > completion of     | of level  |      |     |
|              |      | > level and quality | and       |      |     |
|              |      | > of service        | quality   |      |     |
|              |      | > monitoring.       | of        |      |     |
|              |      |                     | service   |      |     |
|              |      |                     | mo        |      |     |
|              |      |                     | nitoring. |      |     |
+--------------+------+---------------------+-----------+------+-----+
| 12\. Title   | ND   |                     |           |      |     |
| VI           |      |                     |           |      |     |
| Complaints   |      |                     |           |      |     |
+--------------+------+---------------------+-----------+------+-----+

Findings at the time of the site visit: ND = No Deficiencies; D =
Deficiency; NA = Not Applicable; NR = Not Reviewed; AC = Advisory
Comment

**VIII.** **[ATTENDEES]{.underline}**

+-------------+-----------------------+----------+--------------------+
| **NAME**    | *                     | *        | **E-MAIL**         |
|             | *ORGANIZATION/TITLE** | *PHONE** |                    |
+-------------+-----------------------+----------+--------------------+
| John Prince | FTA/Region II Civil   | 212-     | <John.p            |
|             | Rights Officer        | 668-2170 | rince@fta.dot.gov> |
| Via         |                       |          |                    |
| tel         |                       |          |                    |
| econference |                       |          |                    |
+-------------+-----------------------+----------+--------------------+
| David       | FTA/Equal Opportunity | 202-     | <david.schn        |
| Schneider   | Specialist            | 493-0175 | eider@fta.dot.gov> |
|             |                       |          |                    |
| Via         |                       |          |                    |
| tel         |                       |          |                    |
| econference |                       |          |                    |
+-------------+-----------------------+----------+--------------------+
| Maryetta    | Direct                | 716-     | <marye             |
| Pugh        | or,EEO-Diversity/NFTA | 855-7489 | tta_pugh@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| James       | Supervisor Transit    | 716-     | <Ja                |
| Morrell     | Planning/NFTA         | 855-7603 | mes_pugh@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| Walter      | Director Surface      | 716-     | <Walt              |
| Zmudd       | Transit/NFTA          | 855-7752 | er_zmudd@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| Susan       | Counsel/NFTA          | 716-     | <susan_            |
| Wheatley    |                       | 855-7219 | wheatley@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| Sherry      | Administrative        | 716-     | [sherry_ko         |
| Kolke       | Coordinator/NFTA      | 855-7286 | lke@nfta.com](../m |
|             |                       |          | gillerson@cat.org) |
+-------------+-----------------------+----------+--------------------+
| Deborah     | CFO/NFTA              | 716-     | <Debora            |
| Leouse      |                       | 855-6682 | h_leouse@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| Lawrence M. | Executive             | 716-     | <Lawrence          |
| Meckler     | Director/NFTA         | 855-7369 | _meckler@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| John Mecca  | Senior Grants         | 716-     | <Jo                |
|             | Manager/NFTA          | 855-7253 | hn_mecca@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| Rich Pino   | DBE Specialist/NFTA   | 716-     | <R                 |
|             |                       | 855-7488 | ich.pino@nfta.com> |
+-------------+-----------------------+----------+--------------------+
| Richard E.  | Operations            | 716-     | <Richard_M         |
| McDermott   | Manager/Frontier      | 855-7456 | cDermott@nfta.com> |
|             | Garage/NFTA           |          |                    |
+-------------+-----------------------+----------+--------------------+
| Maria       | Coordinator/Hispanics | 716-     | <h                 |
| Cancel      | United of Buffalo,    | 856-7110 | ispanicsunitedofbu |
|             | Inc.                  |          | ffalo@hotmail.com> |
+-------------+-----------------------+----------+--------------------+
| Frank B.    | President, Buffalo    | 716-     | <                  |
| Mesiah      | Branch NAACP          | 884-7242 | naacp@apollo3.com> |
+-------------+-----------------------+----------+--------------------+
| Denise      | Milligan & Company,   | 215-     | <dbaile            |
| Bailey      | LLC/Principal         | 496-9100 | y@milligancpa.com> |
|             |                       | X 127    |                    |
+-------------+-----------------------+----------+--------------------+
| Jim Buckley | Milligan & Company,   | 410-     | <jbuckle           |
|             | LLC/Reviewer          | 732-4626 | y@milligancpa.com> |
+-------------+-----------------------+----------+--------------------+