FY 2022 Competitive Funding Opportunity: Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program
| Published date | 04 March 2022 |
| Citation | 87 FR 12528 |
| Record Number | 2022-04621 |
| Section | Notices |
| Court | Federal Transit Administration |
12528
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION
section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read the proposed FRA Guidance,
background documents, or comments
received, go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Kevin MacWhorter, Attorney Advisor,
Office of the Chief Counsel, telephone:
(202) 641–8727, email:
kevin.macwhorter@dot.gov.
SUPPLEMENTARY INFORMATION
: In 1976,
pursuant to the Railroad Revitalization
and Regulatory Reform Act of 1976 (4R
Act), representatives of the railroads and
their employees agreed on ‘‘[f]air and
equitable arrangements’’ to protect
employees impacted by certain projects
financed by the Federal Government.
The Secretary of Labor adopted these
protections in a letter to the Secretary of
Transportation dated July 6, 1976. FRA
has placed a copy of this letter and the
accompanying protections in the docket
for this guidance. In general, these
protections provided that a railroad
employee who is adversely affected by
a project receiving certain financing
from the Federal Government was
entitled to receive a displacement
allowance, and/or a dismissal
allowance, among other benefits.
Many of FRA’s current discretionary
grant programs, including the
Consolidated Rail Infrastructure and
Safety Improvements Program and the
Federal-State Partnership for State of
Good Repair Program, are subject to the
grant conditions described in section
22905(c) of title 49, U.S.C. As relevant
here, section 22905(c)(2)(B), requires
grant applicants, for any grant for a
project that uses rights-of-way owned by
a railroad, to agree to comply with ‘‘the
protective arrangements that are
equivalent to the protective
arrangements established under’’ the 4R
Act. While this requirement is a
condition of many FRA grants, it is not
often applicable (as FRA’s grants do not
typically cause an adverse impact to
railroad employees). With that said,
FRA developed the FRA Guidance to
assist grantees and to facilitate
compliance with these important
protections. Once final, FRA intends to
include the FRA Guidance as an
appendix to all new grant and
cooperative agreements subject to
section 22905(c)(2)(B), and grantees will
be required to ensure the inclusion of
the FRA Guidance, as applicable, in all
contracts for the FRA-funded project.
Costs incurred to comply with the FRA
Guidance and in a manner consistent
with 2 CFR part 200 are eligible for
reimbursement under the applicable
grant.
Section 22905(c)(2)(B) specifically
requires protective arrangements
‘‘equivalent’’ to those established under
the 4R Act. As such, in the FRA
Guidance, FRA did not deviate from the
protections adopted by the Secretary of
Labor in 1976. The FRA Guidance only
seeks to clarify the protections and to
ensure grant applicants understand
them. FRA did not create new, or
remove existing, protections. As noted,
FRA has included a copy of the
Secretary of Labor’s letter and the
accompanying protections in the docket
to facilitate review of the FRA
Guidance.
The FRA Guidance describes both
procedural and substantive protections.
The substantive protections include
dismissal and displacement allowances
and moving assistance, among other
items included in the original 4R Act
protections. The procedural protections
include opportunities for employees (or
their representatives) to engage in
negotiations with respect to application
of the protections.
Privacy Act
FRA may solicit comments from the
public to better inform its guidance
process. FRA posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. In order to
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2022–04530 Filed 3–3–22; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2022 Competitive Funding
Opportunity: Low or No Emission
Grant Program and the Grants for
Buses and Bus Facilities Competitive
Program
AGENCY
: Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION
: Notice of Funding Opportunity
(NOFO).
SUMMARY
: The Federal Transit
Administration (FTA) announces the
opportunity to apply for approximately
$1.1 billion in competitive grants under
the fiscal year (FY) 2022 Low or No
Emission Grant Program (Low-No
Program) (Federal Assistance Listing:
20.526) and approximately $372 million
in FY 2022 funds under the Grants for
Buses and Bus Facilities Program (Buses
and Bus Facilities Program) (Federal
Assistance Listing 20.526), subject to
availability of appropriated funding.
DATES
: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time on May 31,
2022. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website promptly to
ensure completion of the application
process before the submission deadline.
ADDRESSES
: Instructions for applying
can be found on FTA’s website at
https://www.transit.dot.gov/howtoapply
and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity ID is FTA–2022–001–TPM–
LWNO for Low-No applications and
FTA–2022–002–TPM–BUSC for Buses
and Bus Facilities applications. Please
note, if an application is choosing to
apply to both programs, the applicant
must submit a GRANTS.GOV package to
each opportunity ID. Mail and fax
submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT
: For
further information concerning this
notice, please contact the Low-No/Bus
grant program staff via email at
ftalownobusnofo@dot.gov, or call Amy
Volz at 202–366–7484.
SUPPLEMENTARY INFORMATION
: As
required by Federal public
transportation law, Low or No Emission
Grant Program funds will be awarded
competitively for the purchase or lease
of low or no emission vehicles that use
advanced technologies for transit
revenue operations, including related
equipment or facilities. As required by
Federal public transportation law, Buses
and Bus Facilities Program funds will be
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12529
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
awarded competitively to assist in the
financing of capital projects to replace,
rehabilitate, purchase or lease buses and
related equipment, and to rehabilitate,
purchase, construct or lease bus-related
facilities. Zero-emission projects will
include costs for workforce
development, unless the applicant
certifies funds are not needed. In
general, projects may include costs
incidental to the acquisition of buses or
to the construction of facilities, such as
the costs of related workforce
development and training activities, and
project administration expenses. As
these two programs have overlapping
eligibilities and must be implemented
on the same timeline as required by
changes made by the Bipartisan
Infrastructure Law (enacted as the
Infrastructure Investment and Jobs Act),
FTA is publishing this joint NOFO. Per
Federal public transportation law, FTA
will award grants for these programs
within 75 days after the date this
solicitation expires from funds available
for award at that time. FTA may extend
the application deadline, and may
award additional funding that is made
available to the programs prior to the
announcement of project selections. If
during FY2022, additional funding is
made available for these programs after
announcement of project selections,
FTA may make additional awards under
a separate NOFO.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This is a combined NOFO and
announces the availability of FY 2022
funding for both the Low-No and the
Buses and Bus Facilities Program.
Federal public transportation law (49
U.S.C. 5339(c)) authorizes FTA to award
grants for low or no emission bus
projects through a competitive process,
as described in this notice. The Low-No
Program provides funding to State
(including territories and Washington
DC), local governmental authorities, and
tribal governments for the purchase or
lease of zero-emission and low-emission
transit buses, including acquisition,
construction, and leasing of required
supporting facilities such as recharging,
refueling, and maintenance facilities.
Federal public transportation law (49
U.S.C. 5339(b)) authorizes FTA to award
grants for the Buses and Bus Facilities
Program through a competitive process,
as described in this notice. Grants under
this program are for capital projects to
replace, rehabilitate, purchase, or lease
buses and related equipment, or to
rehabilitate, purchase, construct, or
lease bus-related facilities.
These programs support FTA’s
priorities and objectives through
investments that (1) renew our transit
systems; (2) reduce greenhouse gas
emissions from public transportation,
(3) advance racial equity, (4) maintain
and create good-paying jobs with a free
and fair choice to join a union, and (5)
connect communities. These programs
also support the President’s Building a
Better America initiative to mobilize
American ingenuity to build a modern
infrastructure and an equitable, clean
energy future. In addition, this NOFO
will advance the goals of the President’s
January 20, 2021, Executive Order
14008, Tackling the Climate Crisis at
Home and Abroad and Executive Order
13985, Advancing Racial Equity and
Support for Underserved Communities
Through the Federal Government.
B. Federal Award Information
Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$71,561,189 in FY 2022 for the Low-No
Program. The 2021 Bipartisan
Infrastructure Law (BIL) (enacted as the
Infrastructure Investment and Jobs Act,
Pub. L. 117–58) appropriated an
additional $1,029,000,000 for FY 2022
grants, for a total of $1,100,561,189 for
grants under the Low-No program,
subject to the availability of FY 2022
appropriated funding. Additional funds
made available prior to project selection
may be allocated to eligible projects. If
during FY2022, additional funding is
made available for this program after
announcement of project selections,
FTA may issue another NOFO and make
additional awards.
As required by Federal public
transportation law (49 U.S.C.
5339(c)(5)), a minimum of 25 percent of
the amount awarded under the Low-No
Program will be awarded to low
emission projects other than zero
emission vehicles and related facilities.
In FY 2021, the program received
applications for 187 projects requesting
a total of $917 million. Forty-nine
projects were funded at a total of $182
million.
Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$375,696,244 in FY 2022 funds for the
Buses and Bus Facilities Program. After
the oversight takedown of $3,354,431,
FTA is announcing the availability of
$372,341,813 for the Buses and Bus
Facilities Program through this notice,
subject to availability of FY 2022
appropriated funding. Additional funds
made available prior to project selection
may be allocated to eligible projects. If
during FY2022, additional funding is
made available for this program after
announcement of project selections,
FTA may make additional awards under
a separate NOFO.
As required by Federal public
transportation law at 49 U.S.C.
5339(b)(5), a minimum of 15 percent of
the amount awarded under the Buses
and Bus Facilities Program will be
awarded to projects located in rural
areas. As required by 49 U.S.C.
5339(b)(8), no single grant recipient will
be awarded more than 10 percent of the
amount made available. In FY 2020, the
program received applications for 282
projects requesting a total of $1.8
billion. Ninety-six projects were funded
at a total of $464 million.
An applicant may submit a low or no
emissions project to both the Buses and
Bus Facilities Program and the Low-No
Program, or submit the project only to
the Low-No Program or only to the
Buses and Bus Facilities Program. If a
project submitted for consideration
under both programs is selected for
funding, FTA will exercise its discretion
to determine under which program the
project will receive an award. Please
note if submitting to both programs, a
separate application package must be
submitted to each opportunity ID for the
respective program listed on
GRANTS.GOV.
FTA may cap the amount a single
recipient or State may receive as part of
the selection process for either program.
FTA will grant pre-award authority to
incur costs for selected projects
beginning on the date FY 2022 project
selections are announced on FTA’s
website. Funds are available for
obligation for three fiscal years after the
fiscal year in which the competitive
awards are announced. Funds are
available only for eligible costs incurred
after announcement of project
selections. FTA intends to fund as many
meritorious projects as possible.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for the Low or No
Emission Program include designated
recipients, States (including territories
and Washington DC), local
governmental authorities, and Indian
tribes. Proposals for funding projects in
rural (non-urbanized) areas, defined as
an area encompassing a population of
less than 50,000 people that has not
been designated in the most recent
decennial census as an ‘‘urbanized area’’
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12530
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
by the Secretary of Commerce may be
submitted as part of a consolidated State
proposal. To be considered eligible,
applicants must be able to demonstrate
the requisite legal, financial, and
technical capabilities to receive and
administer Federal funds under this
program. Assistance on this requirement
is available from FTA’s Regional
Offices.
Eligible applicants for the Buses and
Bus Facilities Program include
designated recipients that allocate funds
to fixed route bus operators, States
(including territories and Washington
DC) or local governmental entities that
operate fixed route bus service, and
Indian tribes. Eligible subrecipients
include all otherwise eligible applicants
and also private nonprofit organizations
engaged in public transportation.
Except for projects proposed by
Indian tribes, all proposals for projects
in rural (non-urbanized) areas must be
submitted by a State, either individually
or as a part of a statewide application.
States and other eligible applicants also
may submit consolidated proposals for
projects in urbanized areas. The
submission of a statewide or
consolidated urbanized area application
does not preclude any other eligible
recipients in an urbanized area or in a
State from also submitting a separate
application. Proposals may contain
projects to be implemented by the
recipient or its subrecipients.
As permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)), an applicant
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or an
applicant proposing only a low or no
emission project under the Low-No
program, may include partnerships with
other entities that intend to participate
in the implementation of the project,
including, but not limited to, specific
vehicle manufacturers, equipment
vendors, owners or operators of related
facilities, or project consultants. If an
application that involves such a
partnership is selected for funding, the
project will be deemed to satisfy the
requirement for a competitive
procurement under 49 U.S.C. 5325(a) for
the named entities. Applicants are
advised that any changes to the
proposed partnership will require FTA
written approval, must be consistent
with the scope of the approved project,
and may necessitate a competitive
procurement.
2. Cost Sharing or Matching
The maximum Federal share for
projects that involve leasing or
acquiring transit buses (including clean
fuel or alternative fuel vehicles) for
purposes of complying with or
maintaining compliance with the Clean
Air Act (CAA) or the Americans with
Disabilities Act (ADA) of 1990 is 85
percent of the net project cost.
The maximum Federal share for the
cost of acquiring, installing, or
constructing vehicle-related equipment
or facilities (including clean fuel or
alternative fuel vehicle-related
equipment or facilities) for purposes of
complying with or maintaining
compliance with the CAA or ADA is 90
percent of the net project cost of such
equipment or facilities that are
attributable to compliance with the CAA
or ADA. The award recipient must
itemize the cost of specific, discrete,
vehicle-related equipment associated
with compliance with the CAA to be
eligible for the maximum 90 percent
Federal share for these costs.
The Federal share of the cost of other
projects shall not exceed 80 percent.
Eligible sources of match include the
following: Cash from non-Government
sources other than revenues from
providing public transportation
services; revenues derived from the sale
of advertising and concessions; amounts
received under a service agreement with
a State or local social service agency or
private social service organization;
revenues generated from value capture
financing mechanisms; funds from an
undistributed cash surplus; replacement
or depreciation cash fund or reserve;
new capital; or in-kind contributions.
Transportation development credits or
in-kind match may be used for local
match if identified and documented in
the application.
3. Eligible Projects
Under the Low-No Program (49 U.S.C.
5339(c)), eligible projects include
projects or programs of projects in an
eligible area for: (1) Purchasing or
leasing low or no emission buses; (2)
acquiring low or no emission buses with
a leased power source; (3) constructing
or leasing facilities and related
equipment for low or no emission buses;
(4) constructing new public
transportation facilities to accommodate
low or no emission buses; or (5)
rehabilitating or improving existing
public transportation facilities to
accommodate low or no emission buses
(49 U.S.C. 5339(c)(1)(B)). As required by
Federal public transportation law (49
U.S.C. 5339(c)(5)), FTA will consider
only eligible projects relating to the
acquisition or leasing of low or no
emission buses or bus facilities that
make greater reductions in energy
consumption and harmful emissions
than comparable standard buses or other
low or no emission buses. A single
application may include both vehicle
and facility components, along with
associated equipment and workforce
development plans.
A low or no emission bus is defined
as a passenger vehicle used to provide
public transportation that sufficiently
reduces energy consumption or harmful
emissions, including direct carbon
emissions, when compared to a
standard vehicle. The statutory
definition includes zero emission transit
buses, which are defined as buses that
produce no direct carbon emissions and
no particulate matter emissions under
any and all possible operational modes
and conditions. Examples of zero
emission bus technologies include, but
are not limited to, hydrogen fuel-cell
buses, battery-electric buses, and rubber
tire trolley buses powered by overhead
catenaries. All new transit bus models
must successfully complete FTA bus
testing for production transit buses
pursuant to FTA’s Bus Testing
regulation (49 CFR part 665) in order to
be procured with funds awarded under
the Low-No Program. All transit
vehicles must be procured from certified
transit vehicle manufacturers in
accordance with the Disadvantaged
Business Enterprise (DBE) regulations
(49 CFR part 26). The development or
deployment of prototype vehicles is not
eligible for funding under the Low-No
Program.
Eligible projects for the Buses and Bus
Facilities Program include capital
projects to replace, rehabilitate,
purchase, or lease buses, vans, or related
equipment; or to rehabilitate, purchase,
construct, or lease bus-related facilities
regardless of propulsion type or
emissions. A single application may
include both vehicle and facility
components, along with associated
equipment and workforce development
activities.
Recipients are permitted to use up to
0.5 percent of their requested grant
award for workforce development
activities eligible under Federal public
transportation law (49 U.S.C. 5314(b)),
including on-the-job training, labor-
management partnership training, and
registered apprenticeships, and an
additional 0.5 percent for costs
associated with training at the National
Transit Institute.
For applicants proposing projects
related to zero-emission vehicles for
either program, 5 percent of the
requested Federal award must be used
for workforce development to retrain the
existing workforce and develop the
workforce of the future, including
registered apprenticeships and other
joint labor-management training
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12531
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
programs, as outlined in the applicant’s
Zero-Emission Transition Plan (see
Section E(1)(c) of this notice), unless the
applicant certifies via the application
that less funding is needed to carry out
the Plan. Applicants must identify the
proposed use of funds for these
activities in the project proposal and
identify them separately in the project
budget. These amounts are additional,
not a take-down, from other eligible
project expenses. For example, if the
total capital costs of the vehicles and
equipment was $95,000, an additional
$5,000 should be included in the budget
for these expenses for a total project cost
of $100,000. Applicants are encouraged
to discuss training needs with their
workforce and to develop training plans
in collaboration with unions and other
workforce representatives, as well as
with workforce boards, community
colleges, and other workforce
organizations. Applicants that propose
not to use the full five percent available
must include an explanation as to why
the funds are not needed. Absent an
explanation, a zero-emission application
that does not include 5 percent of its
project budget for workforce
development will be deemed ineligible.
If a single project proposal involves
multiple public transportation
providers, such as when an agency
acquires vehicles that will be operated
by another agency, the proposal must
include a detailed statement regarding
the role of each public transportation
provider in the implementation of the
project.
D. Application and Submission
Information
1. Address To Request Application
Package
Applications must be submitted
electronically through GRANTS.GOV.
General information for accessing and
submitting applications through
GRANTS.GOV can be found at
www.fta.dot.gov/howtoapply along with
specific instructions for the forms and
attachments required for submission.
Mail or fax submissions of completed
proposals will not be accepted. A
complete proposal submission for each
program consists of two forms: The SF–
424 Application for Federal Assistance
(available at GRANTS.GOV) and the
supplemental form for the FY 2022
Low-No and Buses and Bus Facilities
Programs (downloaded from
GRANTS.GOV or the FTA website at
https://www.transit.dot.gov/funding/
grants/lowno). The same supplemental
form will be used to apply to either
program or both programs. However,
please note that if an applicant is
applying to both programs they must
submit the materials through each of the
GRANTS.GOV opportunity ID’s listed
for each program. Failure to submit the
information as requested can delay
review or disqualify the application.
2. Content and Form of Application
Submission
a. Proposal Submission
A complete proposal submission for
each program consists of two forms: (1)
The SF–424 Application for Federal
Assistance; and (2) the supplemental
form for the FY 2022 Low-No and Buses
and Bus Facilities Programs. The
supplemental form and any supporting
documents must be attached to the
‘‘Attachments’’ section of the SF–424.
The application must include responses
to all sections of the SF–424
Application for Federal Assistance and
the supplemental form, unless indicated
as optional. The information on the
supplemental form will be used to
determine applicant and project
eligibility for the program, and to
evaluate the proposal against the
selection criteria described in part E of
this notice.
FTA will accept only one
supplemental form per SF–424
submission. FTA encourages States and
other applicants to consider submitting
a single supplemental form that
includes multiple activities to be
evaluated as a consolidated proposal. If
a State or other applicant chooses to
submit separate proposals for individual
consideration by FTA, each proposal
must be submitted using a separate SF–
424 and supplemental form.
Applicants may attach additional
supporting information to the SF–424
submission, including but not limited to
letters of support, project budgets, fleet
status reports, or excerpts from relevant
planning documents. Applicants for
zero-emission projects must attach the
fleet transition plan. Any supporting
documentation must be described and
referenced by file name in the
appropriate response section of the
supplemental form, or it may not be
reviewed.
Information such as applicant name,
Federal amount requested, local match
amount, description of areas served, etc.
may be requested in varying degrees of
detail on both the SF–424 and
supplemental form. Applicants must fill
in all fields unless stated otherwise on
the forms. If information is copied into
the supplemental form from another
source, applicants should verify that
pasted text is fully captured on the
supplemental form and has not been
truncated by the character limits built
into the form. Applicants should use
both the ‘‘Check Package for Errors’’ and
the ‘‘Validate Form’’ validation buttons
on both forms to check all required
fields on the forms, and ensure that the
Federal and local amounts specified are
consistent. Applicants should enter
their information in the supplemental
form (fillable PDF) that is made
available on FTA’s website or through
the GRANTS.GOV application package,
and should attach this to the application
in its original format. Applicants should
not use scanned versions of the form,
‘‘print’’ the form to PDF, convert or
create a version using another text
editor, etc.
b. Application Content
The SF–424 Application for Federal
Assistance and the supplemental form
will prompt applicants for the required
information, including:
i. Applicant name
ii. Dun and Bradstreet (D&B) Data
Universal Numbering System
(DUNS) number
iii. Key contact information (including
contact name, address, email
address, and phone)
iv. Congressional district(s) where
project will take place
v. Project information (including title,
an executive summary, and type)
vi. A detailed description of the need for
the project
vii. A detailed description on how the
project will support either
Program’s objectives
viii. Evidence that the project is
consistent with local and regional
planning documents
ix. Evidence that the applicant can
provide the local cost share
x. A description of the technical, legal,
and financial capacity of the
applicant
xi. A detailed project budget
xii. An explanation of the scalability of
the project
xiii. Details on the local matching funds
xiv. A detailed project timeline
3. Unique Entity Identifier and System
for Award Management (SAM)
Each applicant is required to: (1) Be
registered in SAM before submitting an
application; (2) provide a valid unique
entity identifier in its application; and
(3) continue to maintain an active SAM
registration with current information at
all times during which the applicant has
an active Federal award or an
application or plan under consideration
by FTA. These requirements do not
apply if the applicant has an exemption
approved by FTA pursuant to 2 CFR
25.110(c), or is otherwise excepted from
registration requirements. FTA may not
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12532
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
make an award until the applicant has
complied with all applicable unique
entity identifier and SAM requirements.
If an applicant has not fully complied
with the requirements by the time FTA
is ready to make an award, FTA may
determine that the applicant is not
qualified to receive an award and use
that determination as a basis for making
a Federal award to another applicant.
All applicants must provide a unique
entity identifier provided by SAM.
Registration in SAM may take as little
as 3–5 business days, but since there
could be unexpected steps or delays (for
example, if there is a need to obtain an
Employer Identification Number), FTA
recommends allowing ample time, up to
several weeks, for completion of all
steps. For additional information on
obtaining a unique entity identifier,
please visit www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted
electronically through GRANTS.GOV by
11:59 p.m. Eastern time on May 31,
2022. GRANTS.GOV attaches a time
stamp to each application at the time of
submission. Proposals submitted after
the deadline will only be considered
under extraordinary circumstances not
under the applicant’s control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an
electronic application, the applicant
should receive an email message from
GRANTS.GOV with confirmation of
successful transmission to
GRANTS.GOV. If a notice of failed
validation or incomplete materials is
received, the applicant must address the
reason for the failed validation, as
described in the email notice, and
resubmit before the submission
deadline. If making a resubmission for
any reason, include all original
attachments regardless of which
attachments were updated and check
the box on the supplemental form
indicating this is a resubmission.
FTA urges applicants to submit
applications at least 72 hours prior to
the due date to allow time to receive the
validation messages and to correct any
problems that may have caused a
rejection notification. GRANTS.GOV
scheduled maintenance and outage
times are announced on the
GRANTS.GOV website. Deadlines will
not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin
the process of registration on the
GRANTS.GOV site well in advance of
the submission deadline. Registration is
a multi-step process, which may take
several weeks to complete before an
application can be submitted. Registered
applicants may still be required to take
steps to keep their registrations up to
date before submissions can be made
successfully. For example, (1)
registration in SAM is renewed
annually, and (2) persons making
submissions on behalf of the Authorized
Organization Representative (AOR)
must be authorized in GRANTS.GOV by
the AOR to make submissions.
5. Funding Restrictions
Funds under this NOFO cannot be
used to reimburse applicants for
otherwise eligible expenses incurred
prior to FTA award of a grant agreement
until FTA has issued pre-award
authority for selected projects. FTA will
issue pre-award authority to incur costs
for selected projects beginning on the
date that project selections are
announced. FTA does not provide pre-
award authority for competitive funds
until projects are selected, and even
then, there are Federal requirements
that must be met before costs are
incurred. FTA will issue specific
guidance to awardees regarding pre-
award authority at the time of selection.
For more information about FTA’s
policy on pre-award authority, please
see the most recent Apportionment
Notice on FTA’s website. Refer to
Section C.3., Eligible Projects, for
information on activities that are
allowable in this grant program.
Allowable direct and indirect expenses
must be consistent with the
Governmentwide Uniform
Administrative Requirements and Cost
Principles (2 CFR part 200) and FTA
Circular 5010.1E. Funds may not be
used to support or oppose union
organizing.
6. Other Submission Requirements
All applications must be submitted
via the GRANTS.GOV website. FTA
does not accept applications on paper,
by fax machine, email, or other means.
For information on application
submission requirements, please see
Section D.1. of this notice, Address to
Request Application.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily
on the responses provided in the
supplemental form. Additional
information may be provided to support
the responses; however, any additional
documentation must be directly
referenced on the supplemental form,
including the file name where the
additional information can be found.
FTA will evaluate proposals based on
the criteria described in this notice.
Applicants are encouraged to identify
scaled funding options in case
insufficient funding is available to fund
a project at the full requested amount.
If an applicant indicates that a project
is scalable, the applicant must provide
an appropriate minimum funding
amount that will fund an eligible project
that achieves the objectives of the
program and meets all relevant program
requirements. The applicant must
provide a clear explanation of how the
project budget would be affected by a
reduced award. FTA may award a lesser
amount regardless of whether a scalable
option is provided.
If an applicant is proposing to deploy
autonomous vehicles or other
innovative motor vehicle technology,
the application should demonstrate that
all vehicles will comply with applicable
safety requirements, including those
administered by the National Highway
Traffic Safety Administration (NHTSA)
and Federal Motor Carrier Safety
Administration (FMCSA). Specifically,
the application should show that
vehicles acquired for the proposed
project will comply with applicable
Federal Motor Vehicle Safety Standards
(FMVSS) and Federal Motor Carrier
Safety Regulations (FMCSR). If the
vehicles may not comply, the
application should either (1) show that
the vehicles and their proposed
operations are within the scope of an
exemption or waiver that has already
been granted by NHTSA, FMCSA, or
both agencies or (2) directly address
whether the project will require
exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if
the project will require exemptions or
waivers, present a plan for obtaining
them. FTA will also consider the extent
to which the application presents a plan
to address workforce impacts of
autonomous vehicles or other
innovative motor vehicle technology.
a. Demonstration of Need
Since the purpose of these programs
is to fund vehicles and facilities,
applications will be evaluated based on
the quality and extent to which they
demonstrate how the proposed project
will address an unmet need for capital
investment in vehicles and/or
supporting facilities. For example, an
applicant may demonstrate that it
requires additional or improved
charging or maintenance facilities for
low or no emission vehicles, that it
intends to replace existing vehicles that
have exceeded their minimum useful
life, or that it requires additional
vehicles to meet current ridership
demands or expand services to better
connect underserved communities.
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12533
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
FTA will consider an applicant’s
responses to the following criteria when
assessing the need for capital
investment underlying the proposed
project:
For bus projects (replacement or
expansion): For replacement requests,
applicants must provide information on
the age, condition, and performance of
the vehicles to be replaced by the
proposed project. Vehicles to be
replaced must have met their minimum
useful life at the time of project
completion. For service expansion
requests, applicants must provide
information on the proposed service
expansion and the benefits for transit
riders and the community from the new
service. For all vehicle projects, the
proposal must address whether the
project conforms to FTA’s spare ratio
guidelines. Vehicles funded under these
programs are not exempt from FTA’s
standard spare ratio requirements,
which apply to and are calculated based
on the agency’s entire fleet. Applicants
that are introducing zero emission
vehicles into their fleet may consider
including vehicles that have already met
their minimum useful life in a
contingency fleet, which is not included
in the spare ratio calculation.
Additionally, applicants who may need
to exceed the spare ratio for a temporary
period are encouraged to work with
their FTA Regional Office to determine
what flexibilities may be afforded to
them and include reference to that in
their application.
For bus facility and equipment
projects (replacement, rehabilitation, or
expansion): For replacement requests,
applicants must provide information on
the age and condition of the asset to be
rehabilitated or replaced relative to its
minimum useful life. For expansion
requests, applicants must provide
information on the proposed expansion
and the reason that transit riders and the
community need the expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
Applicants to the Low-No Program
must demonstrate how the proposed
project will support the statutory
requirements of the Low-No Program
(See 49 U.S.C. 5339(c)(5)(A)). In
particular, FTA will consider the quality
and extent to which applications
demonstrate how the proposed project
will: (1) Reduce Energy Consumption;
(2) Reduce Harmful Emissions; and (3)
Reduce Direct Carbon Emissions.
Reduce Energy Consumption:
Applicants must describe how the
proposed project will reduce energy
consumption. FTA will evaluate
applications based on the degree to
which the proposed technology reduces
energy consumption as compared to
comparable standard vehicle propulsion
technologies.
Reduce Harmful Emissions:
Applicants must demonstrate how the
proposed vehicles or facility will reduce
the emission of particulates that create
local air pollution, which leads to local
environmental health concerns, smog,
and unhealthy ozone concentrations.
FTA will evaluate the rate of particulate
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.
Reduce Direct Carbon Emissions:
Applicants should demonstrate how the
proposed vehicles or facility will reduce
emissions of greenhouse gases from
transit vehicle operations. FTA will
evaluate the rate of direct carbon
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities
Program
Applicants to the Buses and Bus
Facilities Program will be evaluated
based on how well they describe how
the proposed project will improve the
condition of, or otherwise modernize,
the transit system; improve the
reliability of transit service for its riders;
improve the resilience of transit
facilities, enhance access and mobility
within the service area, particularly for
low-income or underserved
communities; and expand accessibility
for people with disabilities.
System Condition: FTA will evaluate
the potential for replacement projects to
improve the condition of the transit
system by repairing or replacing assets
that are in poor condition or have
surpassed their minimum or intended
useful life benchmarks. Applicants may
describe the benefits of reducing
breakdowns and service interruptions,
mitigating safety risks, increasing
service performance, improving
resilience, and/or reducing the cost of
maintaining outdated vehicles, facilities
and equipment.
Enhanced Access and Mobility: FTA
will evaluate the potential for expansion
projects to improve access and mobility
for the transit riding public, particularly
for low-income and underserved
communities and people with
disabilities, including improved
headways, creation of new
transportation choices, or eliminating
gaps in the current route network.
Proposed benefits should be based on
documented ridership demand, based
on indicators like area population
density, employment served, and
existing and planned affordable housing
in the corridor, and be well-described or
documented through a study or route
planning proposal.
Applicants that intend to apply to
both programs must submit information
that addresses the requirements of both
programs as described above.
c. Planning and Local or Regional
Prioritization
Applicants must demonstrate how the
proposed project is consistent with local
and regional long-range planning
documents and local government
priorities. FTA will evaluate
applications based on the quality and
extent to which they assess whether the
project is consistent with the transit
priorities identified in the long-range
plan for all proposals; contingency or
illustrative projects included in that
plan; or the locally developed human
services public transportation
coordinated plan. Applicants may
submit copies of the relevant pages of
such plans to support their application.
FTA will consider how the project will
support regional goals and applicants
may submit support letters from local
and regional planning organizations
attesting to the consistency of the
proposed project with these plans.
Evidence of additional local or
regional prioritization may include
letters of support for the project from
local government officials, public
agencies, and non-profit or private
sector supporters.
Applicants may also address how the
proposed project will impact overall
system performance, asset management
performance, or specific performance
measures tracked and monitored by the
applying entity to demonstrate how the
proposed project will address local and
regional planning priorities.
For applications related to zero-
emission vehicles under either the Low-
No or Buses and Bus Facilities
programs, applicants are required by
law (49 U.S.C. 5339(c)(3)(D)) to submit
a Zero-Emission Fleet Transition Plan.
This plan must be a separate document
from other local or regional planning
documents and must: (1) Demonstrate a
long-term fleet management plan with a
strategy for how the applicant intends to
use the current application and future
acquisitions; (2) address the availability
of current and future resources to meet
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12534
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
costs for the transition and
implementation; (3) consider policy and
legislation impacting relevant
technologies; (4) include an evaluation
of existing and future facilities and their
relationship to the technology
transition; (5) describe the partnership
of the applicant with the utility or
alternative fuel provider; and (6)
examine the impact of the transition on
the applicant’s current workforce by
identifying skill gaps, training needs,
and retraining needs of the existing
workers of the applicant to operate and
maintain zero emission vehicles and
related infrastructure and avoid the
displacement of the existing workforce.
FTA intends to continue to develop
technical assistance resources to assist
transit agencies in developing fleet
transition plans. As a first step, FTA has
worked with the Transit Workforce
Center to develop a template that transit
agencies may use related to the
workforce section of the fleet transition
plan. That template will be available at:
https://www.transit.dot.gov/funding/
grants/lowno. For agencies with smaller
fleets, a fleet transition plan need not be
complex and should be tailored as
applicable, but it still must address all
six elements. For applications from
State departments of transportation, the
state may either provide a fleet
transition plan that covers some or all
of the subrecipients, attach individual
plans developed by the subrecipients, or
a combination of both. FTA will rate a
zero-emission project higher than other
zero-emission projects if the applicant is
able to demonstrate how the proposed
project and fleet transition plan support
the conversion of the agency’s overall
fleet to zero emissions.
d. Local Financial Commitment
Applicants must identify the source of
the local cost share and describe
whether such funds are currently
available for the project or will need to
be secured if the project is selected for
funding. FTA will consider the
availability of the local cost share as
evidence of local financial commitment
to the project. Applicants should submit
evidence of the availability of funds for
the project; for example, by including a
board resolution, letter of support from
the State, a budget document
highlighting the line item or section
committing funds to the proposed
project, or other documentation of the
source of local funds. FTA will
favorably view an applicant that
proposes to use grant funds only for the
incremental cost of new technologies
over the cost of replacing vehicles with
standard propulsion technologies.
e. Project Implementation Strategy
FTA will rate projects higher if grant
funds can be obligated within 12
months of selection and the project can
be implemented within a reasonable
time frame. In assessing when funds can
be obligated, FTA will consider whether
the project qualifies for a Categorical
Exclusion (CE), or whether the required
environmental work has been initiated
or completed for projects that require an
Environmental Assessment (EA) or
Environmental Impact Statement (EIS)
under the National Environmental
Policy Act of 1969 (NEPA). As such,
applicants should submit information
describing the project’s anticipated path
and timeline through the environmental
review process for all proposals. The
proposal must state when grant funds
can be obligated and indicate the
timeframe under which the
Metropolitan Transportation
Improvement Program (TIP) and
Statewide Transportation Improvement
Program (STIP) can be amended to
include the proposed project.
In assessing whether the proposed
implementation plans are reasonable
and complete, FTA will review the
proposed project implementation plan,
including all necessary project
milestones and the overall project
timeline. For projects that will require
formal coordination, approvals, or
permits from other agencies or project
partners, the applicant must
demonstrate coordination with these
organizations and their support for the
project, such as through letters of
support.
Applicants that have identified a
cooperative procurement strategy listed
in Section 3019 of the Fixing America’s
Surface Transportation Act (49 U.S.C.
5325), are encouraged to describe the
method chosen as part of their
implementation plans and how such a
cooperative procurement will reduce
costs.
For proposals that involve a
partnership with a manufacturer,
vendor, consultant, or other third party,
applicants must identify by name any
project partners, including, but not
limited to, other transit agencies, bus
manufacturers, owners or operators of
related facilities, or any expert
consultants. Such partnerships are
permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)) only for applicants
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or for
applicants proposing only a low or no
emission project under the Low-No
program. FTA will evaluate the
experience and capacity of the named
project partners to successfully
implement the proposed project based
on the partners’ experience and
qualifications. Applicants are advised to
submit information on the partners’
qualifications and experience as a part
of the application. Entities to be
involved in the project that are not
named in the application must be
selected through ordinary procurement
processes.
f. Technical, Legal, and Financial
Capacity
Applicants must demonstrate that
they have the technical, legal, and
financial capacity to undertake the
project.
FTA will review relevant oversight
assessments and records to determine
whether there are any outstanding legal,
technical, or financial issues with the
applicant that would affect the outcome
of the proposed project. Applicants with
outstanding legal, technical, or financial
compliance issues from an FTA
compliance review or Federal Transit
grant-related Single Audit finding must
explain how corrective actions taken
will mitigate negative impacts on the
proposed project.
2. Review and Selection Process
A technical evaluation committee will
evaluate proposals based on the
published evaluation criteria. FTA may
request additional information from
applicants, if necessary. Based on the
review of the technical evaluation
committee, the FTA Administrator will
determine the final selection of projects
for program funding. In determining the
allocation of program funds, FTA may
consider geographic diversity, diversity
in the size of the transit systems
receiving funding, and the applicant’s
receipt of other competitive awards.
FTA may also consider capping the
amount a single applicant may receive.
After applying the above criteria, and
in support of Executive Order 14008,
Tackling the Climate Crisis at Home and
Abroad, and Executive Order 14052,
Implementation of the Infrastructure
Investment and Jobs Act, FTA will give
priority to additional considerations.
In further support of Executive Order
14008, FTA will give priority
consideration to applications under the
Buses and Bus Facilities Program that
are expected to create significant
community benefits relating to the
environment, including those projects
that incorporate low or no emission
technology or specific elements to
address greenhouse gas emissions and
climate change impacts. FTA
encourages applicants to demonstrate
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12535
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
whether they have considered climate
change and environmental justice in
terms of the transportation planning
process or anticipated design
components with outcomes that address
climate change (e.g., resilience or
adaptation measures). The application
should describe what specific climate
change or environmental justice
activities have been incorporated,
including whether a project supports a
Climate Action Plan, whether an
equitable development plan has been
prepared, and whether tools such as
EPA’s EJSCREEN at: https://
www.epa.gov/ejscreen or DOT’s
Historically Disadvantaged Community
tool at Transportation Disadvantaged
Census Tracts (arcgis.com) have been
applied in project planning. Applicants
could also address how a project is
related to housing or land use reforms
to increase density to reduce climate
impacts. The application should also
describe specific and direct ways the
project will mitigate or reduce climate
change impacts including any
components that reduce emissions,
promote energy efficiency, incorporate
electrification or low emission or zero
emission vehicle infrastructure, increase
resiliency, recycle or redevelop existing
infrastructure, or if located in a
floodplain be constructed or upgraded
consistent with the Federal Flood Risk
Management Standard, to the extent
consistent with current law.
FTA also will give priority
consideration to applications that
advance racial equity in two areas: (1)
Planning and policies related to racial
equity and overcoming barriers to
opportunity; and (2) project investments
that either proactively address racial
equity and barriers to opportunity,
including automobile dependence as a
form of barrier, or redress prior
inequities and barriers to opportunity.
Applicants could also address how a
project is related to housing or land use
reforms to address historic barriers to
opportunity. This objective has the
potential to enhance environmental
stewardship and community
partnerships, and reflects Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government. FTA encourages the
applicant to include sufficient
information to evaluate how the
applicant will advance racial equity and
address barriers to opportunity. The
applicant should describe any
transportation plans or policies related
to equity and barriers to opportunity
they are implementing or have
implemented in relation to the proposed
project, along with the specific project
investment details necessary for FTA to
evaluate if the investments are being
made either proactively to advance
racial equity and address barriers to
opportunity or redress prior inequities
and barriers to opportunity. All project
investment costs for the project that are
related to racial equity and barriers to
opportunity should be summarized.
Applicants for facility projects should
also describe whether and how project
delivery and implementation create
good-paying jobs with the free and fair
choice to join a union to the greatest
extent possible, the use of demonstrated
strong labor standards, practices and
policies (including for direct employees,
contractors, and sub-contractors);
distribution of workplace rights notices;
the use of local and economic hiring
provisions; registered apprenticeships;
or other similar standards or practices;
or, for facility projects over $35 million,
the use of Project Labor Agreements.
Applicants should describe how
planned methods of project delivery and
implementation (for example, use of
Project Labor Agreements and/or local
and economic hiring provisions, and
training and placement programs for
underrepresented workers) provides
opportunities for all workers, including
workers underrepresented in
construction jobs to be trained and
placed in good-paying jobs directly
related to the project. FTA will give
priority consideration to projects that
create good paying jobs with the free
and fair choice to join a union and these
strong labor protections.
Amongst zero-emission applications,
FTA will give priority consideration to
zero-emission applicants that in the
development of the workforce section of
the fleet transition plan have consulted
with workforce representatives AND
identify the use of at least one of the
following in their plan (1) use of labor-
management partnerships for training;
(2) use of registered apprenticeship
training to support skilling of
incumbent and entry-level workers with
focus on using registered apprenticeship
to advance Black, Hispanic, Asian
American Native Hawaiian and Pacific
Islanders, tribal, women, and other
groups facing systemic barriers to
employment that may be
underrepresented in the current
workforce, especially in higher-paying
jobs; or (3) identification of how
reskilling workers for new fleets
advances broader strategy to retain,
retrain and recruit employees into good
paying jobs, with the choice to join a
union and equitable access to training
and support that helps workers to stay
retained in jobs.
In support of Executive Order 14008,
DOT has been developing a geographic
definition of Historically Disadvantaged
Communities as part of its
implementation of the Justice40
Initiative. Consistent with OMB’s
Interim Guidance for the Justice40
Initiative, Historically Disadvantaged
Communities include (a) certain
qualifying census tracts, (b) any Tribal
land, or (c) any territory or possession
of the United States. DOT is providing
a mapping tool to assist applicants in
identifying whether a project is located
in a Historically Disadvantaged
Community Transportation
Disadvantaged Census Tracts
(arcgis.com). Use of this map tool is
optional; applicants may provide an
image of the map tool outputs, or
alternatively, consistent with OMB’s
Interim Guidance, applicants can
supply quantitative, demographic data
of their ridership demonstrating the
percentage of their ridership that meets
the criteria described in Executive Order
14008 for disadvantage. Examples of
Historically Disadvantaged
Communities that an applicant could
address using geographic or
demographic information include low
income, high and/or persistent poverty,
high unemployment and
underemployment, racial and ethnic
residential segregation, linguistic
isolation, or high housing cost burden
and substandard housing. Additionally,
in support of the Justice40 Initiative, the
applicant also should provide evidence
of strategies that the applicant has used
in the planning process to seek out and
consider the needs of those historically
disadvantaged and underserved by
existing transportation systems. For
technical assistance using the mapping
tool, please contact GMO@dot.gov.
Due to funding limitations, projects
that are selected for funding may receive
less than the amount originally
requested, even if an application did not
present a scaled project option. In those
cases, applicants must be able to
demonstrate that the proposed projects
are still viable and can be completed
with the amount awarded.
3. Integrity and Performance Review
Prior to making an award with a total
amount of Federal share greater than the
simplified acquisition threshold
(currently $10,000), FTA is required to
review and consider any information
about the applicant that is in the Federal
Awardee Performance and Integrity
Information Systems (FAPIIS) accessible
through SAM. An applicant may review
and comment on information about
itself that a Federal awarding agency
previously entered. FTA will consider
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12536
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
any comments by the applicant, in
addition to the other information in
FAPIIS, in making a judgment about the
applicant’s integrity, business ethics,
and record of performance under
Federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.206.
F. Federal Award Administration
Information
1. Federal Award Notices
FTA will announce the final project
selections on the FTA website. Selectees
should contact their FTA Regional
Offices for additional information
regarding allocations for projects. At the
time the project selections are
announced, FTA will extend pre-award
authority for the selected projects (see
Section D.5 of this notice for more
information). There is no blanket pre-
award authority for these projects before
announcement.
2. Administrative and National Policy
Requirements
a. Grant Requirements
If selected, awardees will apply for a
grant through FTA’s Transit Award
Management System (TrAMS).
Recipients of funding in urban areas are
subject to the grant requirements of the
Urbanized Area Formula Grants
program (49 U.S.C. 5307), including
those of FTA Circular ‘‘Urbanized Area
Formula Program: Program Guidance
and Application Instructions’’
(FTA.C.9030.1E). Recipients of funding
in rural areas are subject to the grant
requirements of the Formula Grants for
Rural Areas Program (49 U.S.C. 5311),
including those of FTA Circular
‘‘Formula Grants for Rural Areas:
Program Guidance and Application
Instructions’’ (FTA.C.9040.1G). All
recipients must accept the FTA Master
Agreement and follow FTA Circular
‘‘Award Management Requirements’’
(FTA.C.5010.1E) and the labor
protections required by Federal public
transportation law (49 U.S.C. 5333(b)).
Technical assistance regarding these
requirements is available from each FTA
regional office.
By submitting a grant application, the
applicant assures that it will comply
with all applicable Federal statutes,
regulations, executive orders, directives,
FTA circulars and other Federal
administrative requirements in carrying
out any project supported by the FTA
grant, including the Davis-Bacon Act (40
U.S.C. 3141–3144, and 3146–3148) as
supplemented by Department of Labor
regulations (29 CFR part 5, ‘‘Labor
Standards Provisions Applicable to
Contracts Covering Federally Financed
and Assisted Construction’’). Further,
the applicant acknowledges that it is
under a continuing obligation to comply
with the terms and conditions of the
grant agreement issued for its project
with FTA. The applicant understands
that Federal laws, regulations, policies,
and administrative practices might be
modified from time to time and may
affect the implementation of the project.
The applicant agrees that the most
recent Federal requirements will apply
to the project, unless FTA issues a
written determination otherwise. The
applicant must submit the Certifications
and Assurances before receiving a grant
if it does not have current certifications
on file.
Applicants for the Buses and Bus
Facilities Program are encouraged to
utilize the innovative procurement
practices found in Section 3019 of the
Fixing America’s Surface Transportation
Act (49 U.S.C. 5325). Please see details
at https://www.transit.dot.gov/funding/
grants/innovative-procurement-leasing-
fact-sheet-section-3019. If selected for
funding, any project that purchases
fewer than five buses through a
standalone procurement must provide a
written explanation why the tools
authorized under Section 3019 were not
utilized.
As authorized by Section 25019 of the
BIL, applicants are encouraged to
implement a local or other geographical
or economic hiring preference relating
to the use of labor for construction of a
project funded by the grant, including
prehire agreements, subject to any
applicable State and local laws, policies,
and procedures.
b. Buy America and Domestic
Preferences for Infrastructure Projects
All capital procurements must
comply with FTA’s Buy America
requirements (49 U.S.C. 5323(j)), which
require that all iron, steel, and
manufactured products be produced in
the United States, and imposes
minimum domestic content and final
assembly requirements for rolling stock.
The cost of rolling stock components
and subcomponents produced in the
United States must be more than 70
percent of the cost of all components,
and final assembly of rolling stock must
occur in the United States. Any
proposal that will require a waiver must
identify the items for which a waiver
will be sought in the application.
Applicants should not proceed with the
expectation that waivers will be granted.
c. Disadvantaged Business Enterprise
Recipients of planning, capital, or
operating assistance that will award
prime contracts (excluding transit
vehicle purchases), the cumulative total
of which exceeds $250,000 in FTA
funds in a Federal fiscal year, must
comply with the Disadvantaged
Business Enterprise (DBE) program
regulations (49 CFR part 26).
To be eligible to bid on any FTA-
assisted vehicle procurement, entities
that manufacture transit vehicles or
perform post-production alterations or
retrofitting must be certified Transit
Vehicle Manufacturers (TVM). If a
vehicle remanufacturer is responding to
a solicitation for new or remanufactured
vehicles with a vehicle to which the
remanufacturer has provided post-
production alterations or retro-fitting
(e.g., replacing major components such
as engine to provide a ‘‘like new’’
vehicle), the vehicle remanufacturer
must be a certified TVM.
The TVM rule requires that, prior to
bidding on any FTA-assisted vehicle
procurement, manufacturers of transit
vehicles submit a DBE Program plan
and annual goal methodology to FTA.
FTA then will issue a TVM concurrence
and certification letter. Grant recipients
must verify each manufacturer’s TVM
status before accepting its bid. A list of
compliant, certified TVMs is posted on
FTA’s website at www.transit.dot.gov/
TVM. Recipients should contact FTA
before accepting a bid from a
manufacturer not on this list. In lieu of
using a certified TVM, a recipient may
establish project-specific DBE goals for
its vehicle procurement. FTA will
provide additional guidance as grants
are awarded. For more information on
DBE requirements, please contact
Monica McCallum, FTA Office of Civil
Rights, 206–220–7519,
Monica.McCallum@dot.gov.
d. Planning
FTA encourages applicants to notify
the appropriate State Departments of
Transportation and Metropolitan
Planning Organizations (MPOs) in areas
likely to be served by the project funds
made available under this program.
Selected projects must be incorporated
into the long-range plans and
transportation improvement programs of
States and metropolitan areas before
they are eligible for FTA funding.
3. Reporting
Post-award reporting requirements
include the electronic submission of
Federal Financial Reports and Milestone
Progress Reports in FTA’s electronic
grants management system. Recipients
of funds made available through this
NOFO are also required to regularly
submit data to the National Transit
Database. Recipients should include any
goals, targets, and indicators referenced
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
12537
Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
in their applications in the Executive
Summary of the TrAMS application.
FTA is committed to making
evidence-based decisions guided by the
best available science and data. In
accordance with the Foundations for
Evidence-based Policymaking Act of
2018 (Evidence Act), FTA may use
information submitted in discretionary
funding applications; information in
FTA’s Transit Award Management
System (TrAMS), including grant
applications, Milestone Progress Reports
(MPRs), Federal Financial Reports
(FFRs); transit service, ridership and
operational data submitted in FTA’s
National Transit Database;
documentation and results of FTA
oversight reviews, including triennial
and state management reviews; and
other publicly available sources of data
to build evidence to support policy,
budget, operational, regulatory, and
management processes and decisions
affecting FTA’s grant programs.
As part of completing the annual
certifications and assurances required of
FTA grant recipients, a successful
applicant must report on the suspension
or debarment status of itself and its
principals. If the award recipient’s
active grants, cooperative agreements,
and procurement contracts from all
Federal awarding agencies exceeds
$10,000,000 for any period of time
during the period of performance of an
award made pursuant to this Notice, the
recipient must comply with the
Recipient Integrity and Performance
Matters reporting requirements
described in Appendix XII to 2 CFR part
200.
G. Federal Awarding Agency Contacts
For further information concerning
this notice, please contact the Low-No/
Bus grant program staff via email at
ftalownobusnofo@dot.gov, or call Amy
Volz, by phone at 202–366–7484. A
TDD is available for individuals who are
deaf or hard of hearing at 800–877–
8339. In addition, FTA will post
answers to questions and requests for
clarifications on FTA’s website at
https://www.transit.dot.gov. To ensure
applicants receive accurate information
about eligibility or the program,
applicants are encouraged to contact
FTA with questions directly, rather than
through intermediaries or third parties.
For issues with GRANTS.GOV, please
contact GRANTS.GOV by phone at 1–
800–518–4726 or by email at support@
grants.gov. Contact information for
FTA’s regional offices can be found on
FTA’s website at www.fta.dot.gov.
H. Other Information
User-friendly information and
resources regarding DOT’s discretionary
grant programs relevant to rural
applicants can be found on the Rural
Opportunities to Use Transportation for
Economic Success (ROUTES) website at
www.transportation.gov/rural.
This program is not subject to
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs.’’
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022–04621 Filed 3–3–22; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Notice of Funding Opportunity for
America’s Marine Highway Projects
AGENCY
: Maritime Administration,
Department of Transportation.
ACTION
: Notice of funding opportunity.
SUMMARY
: This notice announces the
availability of funding for grants and
establishes selection criteria and
application requirements for the
America’s Marine Highway Program
(‘‘AMHP’’). The purpose of this program
is to make grants available to previously
designated Marine Highway Projects
that support the development and
expansion of documented vessels or
port and landside infrastructure. The
U.S. Department of Transportation
(‘‘DOT’’ or ‘‘Department’’) also seeks
eligible grant projects that will
strengthen American supply chains. The
Department will award Marine Highway
Grants to implement projects or
components of projects previously
designated by the Secretary of
Transportation (‘‘Secretary’’) under the
AMHP. Only Marine Highway Projects
the Secretary designates before the
Notice of Funding Opportunity
(‘‘NOFO’’) closing date are eligible for
funding as described in this notice.
DATES
: Grant applications must be
received by the Maritime
Administration (‘‘MARAD’’) by 5:00
p.m. E.D.T. on April 29, 2022.
ADDRESSES
: Grant applications must be
submitted electronically using
Grants.gov (https://www.grants.gov).
Please be aware that you must complete
the Grants.gov registration process
before submitting your application and
that the registration process usually
takes 2 to 4 weeks to complete.
Applicants are strongly encouraged to
make submissions in advance of the
deadline.
FOR FURTHER INFORMATION CONTACT
: Fred
Jones, Office of Ports & Waterways
Planning, Room W21–311, Maritime
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590,
phone 202–366–1123, or email
Fred.Jones@dot.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
business hours. The FIRS is available
twenty-four hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during regular business
hours.
SUPPLEMENTARY INFORMATION
: Each
section of this notice contains
information and instructions relevant to
the Marine Highway Grants application
process. All applicants should read this
notice in its entirety so that they have
the information they need to submit
eligible and competitive applications.
Applications received after the deadline
will not be considered except in the
case of unforeseen technical difficulties
as outlined below in Section D.6.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
A. Program Description
The Secretary, in accordance with 46
U.S.C. 55601, established a marine
highway transportation grant program to
implement projects or components of
designated Marine Highway Projects
that provide a coordinated and capable
alternative to landside transportation or
that promote marine highway
transportation. The primary goal of the
AMHP is to expand the use of the
nation’s navigable waters to relieve
landside congestion, reduce air
emissions, and generate other public
benefits by increasing the efficiency of
the surface transportation system, and
Marine Highway Grants will be awarded
to further this purpose.
The Infrastructure Investment and
Jobs Act (Pub. L. 117–58, November 15,
2021) (‘‘Bipartisan Infrastructure Law’’
or ‘‘BIL’’) appropriated $25,000,000 to
be awarded by the Department for
Marine Highway Grants. The grant
funds currently available are for projects
related to vessels documented under 46
VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1
lotter on DSK11XQN23PROD with NOTICES1
