Notice2023-06250
FY 2023 Emergency Relief Grants for Public Transportation Systems Affected by Major Declared Disasters in Calendar Years 2017, 2020, 2021, and 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 27, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for $212,301,048 in grants under the Public Transportation Emergency Relief Program (Emergency Relief Program) for states, territories, local government authorities, Indian tribes, and other FTA recipients affected by major declared disasters in calendar years 2017, 2020, 2021, and 2022. FTA may award additional funding made available to the program prior to the announcement of project selections. Projects may include costs for disaster response, recovery, and rebuilding activities. Costs related to the COVID-19 pandemic are not eligible for this funding. FTA will distribute these funds in a manner consistent with the eligibility requirements of this program, subject to the priorities set forth below.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18210-18217]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06250]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2023 Emergency Relief Grants for Public Transportation Systems
Affected by Major Declared Disasters in Calendar Years 2017, 2020,
2021, and 2022
AGENCY: Federal Transit Administration (FTA), U.S. Department of
Transportation (DOT).
ACTION: Notice of availability of emergency relief funding.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $212,301,048 in grants under the Public
Transportation Emergency Relief Program (Emergency Relief Program) for
states, territories, local government authorities, Indian tribes, and
other FTA recipients affected by major declared disasters in calendar
years 2017, 2020, 2021, and 2022. FTA may award additional funding made
available to the program prior to the announcement of project
selections. Projects may include costs for disaster response, recovery,
and rebuilding activities. Costs related to the COVID-19 pandemic are
not eligible for this funding. FTA will distribute these funds in a
manner consistent with the eligibility requirements of this program,
subject to the priorities set forth below.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by May 26, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Wilson, Emergency Relief
Program Manager, Office of Program Management, 1200 New Jersey Ave. SE,
Washington, DC 20590, phone: (202) 366-5279, or email,
<a href="/cdn-cgi/l/email-protection#12467a7d7f73613c457b7e617d7c52767d663c757d64"><span class="__cf_email__" data-cfemail="37635f585a564419605e5b4458597753584319505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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
Extreme weather and other destructive events occurring during
calendar years 2017, 2020, 2021, and 2022 resulted in major disaster
declarations across the Unites States. Transit systems in these
disaster-affected areas may have provided emergency transportation
services and may also have sustained damage to capital assets.
Federal public transportation law (49 U.S.C. 5324) provides FTA
with the authority to reimburse public transportation emergency
response and recovery costs after an emergency or major disaster that
affects public transportation systems when funding is appropriated. As
such, public transportation agencies, States, territories, local
governmental authorities, Indian tribes, and other FTA grant recipients
that provide or fund public transportation service in the affected
areas may be eligible for Emergency Relief funding under the program
contingent upon having experienced an eligible disaster and incurred
associated costs that have not yet been reimbursed by FEMA or another
entity. FTA will allocate funds consistent with the requirements of the
final rule for the Emergency Relief Program, 49 CFR 602.
B. Federal Award Information
The Consolidated Appropriations Act, 2023 (Pub. L. 117-328), signed
into law on December 29, 2022, appropriated $213,905,338 for FTA's
Emergency Relief Program for transit systems affected by major declared
disasters occurring in calendar years 2017, 2020, 2021, and 2022.
Of the $213,905,338 appropriated, 0.75%, or a total of $1,604,290
is set aside for administrative expenses and ongoing program management
oversight activities as authorized under the Consolidated
Appropriations Act, 2023, leaving $212,301,048 available for allocation
to eligible recipients. FTA will make awards in the form of grants.
Funds are available until expended.
Pre-award authority allows recipients to incur certain project
costs before grant approval and retain the eligibility of those costs
for subsequent reimbursement after grant approval. Pre-award authority
as it relates to the Emergency Relief Program is described in the
Emergency Relief Program final rule (49 CFR 602.11). FTA will grant
pre-award authority to affected recipients for response, recovery, and
rebuilding expenses incurred because of major declared disasters
occurring in calendar years 2017, 2020, 2021, and 2022. Pre-award
authority applies to expenses incurred in preparation for such
disasters when forecasts specific to the disasters were available.
Expenses incurred for general disaster preparedness are not eligible.
If a recipient intends to use pre-award authority for recovery and
rebuilding expenses, FTA recommends the
[[Page 18211]]
recipient work with the appropriate FTA regional office to verify that
all proposed costs are eligible under the Emergency Relief Program in
advance of incurring any costs to the extent practicable. FTA regional
office contact information can be found at <a href="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>.
C. Eligibility Information
1. Eligible Applicants
Public transportation agencies, States, territories, local
governmental authorities, Indian tribes, and other FTA grant recipients
that provide or fund public transportation service are eligible for
Emergency Relief funding under the program. Entities that generally
receive transit funding directly from FTA may apply for these funds
according to the instructions in this Notice of Availability of
Emergency Relief Funding (NAERF). Public transit systems that are not
FTA direct recipients (i.e., are subrecipients) but have incurred
eligible expenses may receive Emergency Relief funding through a pass-
through entity, such as a State or designated recipient. Please see
<a href="http://www.fema.gov/disasters">www.fema.gov/disasters</a> for a list of major disaster declarations, areas
designated for Public Assistance, and incident periods. Transit systems
that have been reimbursed by FEMA for emergency relief expenses or have
used FTA formula funds to pay for emergency relief expenses may not
apply for funds available through this Notice for activities already
funded.
2. Cost Sharing or Matching
The maximum Federal share for all grants awarded via this notice is
90 percent of the net project cost unless the project is in response to
or recovery from a major declared disaster in an insular area, in which
case the maximum Federal share is 100 percent (48 U.S.C. 1469a).
Applicants may request a waiver of the non-Federal share requirement
(49 U.S.C. 5324(e)(3)). FTA's ability to provide a waiver and fully
fund an applicant's request may depend on total requests from all
applicants.
Eligible sources of non-Federal matching funds include:
i. Cash from non-governmental sources other than revenues from
providing transit services (such as fare revenues);
ii. Non-farebox revenues from the operation of public
transportation service, such as the sale of advertising and concession
revenues;
iii. Monies received under a service agreement with a State or
local social service agency or private social service organization;
iv. Undistributed cash surpluses, replacement or depreciation cash
funds, reserves available in cash, or new capital;
v. In-kind contributions integral to the project;
vi. Revenue bond proceeds for a capital project, with prior FTA
approval; and
vii. Transportation Development Credits (formerly referred to as
Toll Revenue Credits).
The Community Development Block Grant (CDBG) program (42 U.S.C.
5305(a)(9)) provides that ``payment of the non-Federal share required
in connection with a Federal grant-in-aid program undertaken as part of
activities assisted under [chapter 53 of title 42]'' is an eligible
activity. Since the CDBG statute specifically states it is available to
fund the ``non-Federal share'' of other Federal grant programs, if the
activity is eligible under the CDBG program, FTA will accept CDBG funds
as local match.
3. Eligible Projects
Eligible projects include public transportation emergency
operations, emergency protective measures, emergency repairs, and
permanent repairs. For emergency service operations, service must be in
addition to, or otherwise different than, regular service to be
eligible. Farecards and lost fare revenue are not eligible expenses.
Cost-effective resilience measures may be incorporated into replacement
and repair projects.
To be considered eligible for funding described in this Notice,
expenses must have been, or will be, incurred in a county designated as
eligible for any category of Federal Emergency Management Agency (FEMA)
Public Assistance--or incurred by transit agencies in the geographic
area affected by the disaster by providing services to persons
displaced from such counties--for an event that the President has
declared a Major Disaster under the Stafford Act, other than the COVID-
19 Pandemic, with an incident period partially or entirely occurring
within calendar years 2017, 2020, 2021, or 2022. Recipients are
strongly encouraged to review FTA's Emergency Relief Manual, found at
<a href="https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program/emergency-relief-manual-reference-manual-states">https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program/emergency-relief-manual-reference-manual-states</a>, and FTA's
Emergency Relief Frequently Asked Questions at <a href="https://www.transit.dot.gov/faq?combine&term_node_tid_depth=2666">https://www.transit.dot.gov/faq?combine&term_node_tid_depth=2666</a> to assist in
the identification of potentially eligible projects and emergency
expenses. Projects funded by FEMA, FTA formula funds, other Federal
funds or insurance proceeds are not eligible.
D. Application and Submission Information
1. Address To Request Application Package
Applications may be accessed, and must be submitted, electronically
through GRANTS.GOV. General information for accessing and submitting
applications through GRANTS.GOV can be found at <a href="https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding">https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding</a>, along
with specific instructions for the forms and attachments required for
submission. Mail or fax submissions will not be accepted. The required
SF-424 Application for Federal Assistance can be downloaded from
GRANTS.GOV, and the required supplemental form can also be downloaded
from GRANTS.GOV.
2. Content and Form of Application Submission
a. Proposal Submission
A complete proposal submission consists of two forms: (1) the SF-
424 Application for Federal Assistance; and (2) the supplemental form.
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 designated as optional.
The information on the supplemental form will be used to determine
applicant and project eligibility for the program, and to review the
proposal against the criteria described in part E of this notice.
Failure to submit the information as requested can delay review or
disqualify the application.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages applicants to consider submitting a single supplemental
form that includes multiple activities as one project to be evaluated
as a consolidated proposal. Applicants may include projects and
operating expenses associated with multiple disaster events in the same
application.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to documentation supporting
the applicant's eligibility for the grant program, operating expenses
incurred, or project budgets. Supporting
[[Page 18212]]
documentation should 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, and description of areas served may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless otherwise stated on the
forms. Applicants should not place ``N/A'' or ``refer to attachment''
in lieu of typing in responses in the field sections. 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.
b. Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information:
i. Applicant Name
ii. Unique entity identifier (generated by SAM.GOV)
iii. Key contact information (including contact name, address, email
address, and phone)
iv. Congressional district(s) in which project is located
v. Project information (including title, executive summary, and type)
vi. A detailed description of the project
vii. A list of projects that identifies emergency operations, emergency
protective measures, and emergency repairs completed as well as
permanent repairs needed to repair, reconstruct or replace seriously
damaged or destroyed rolling stock, equipment, facilities, and
infrastructure to a state of good repair. This list must also indicate
the Major Declared Disaster that caused the damage or operational
expense to be incurred. If the applicant received FEMA or other Federal
funds, used FTA formula funds or received insurance proceeds for some
activities related to a disaster but not all activities, the applicant
must include a list of activities already funded and the source of
funds.
viii. A description of the technical, legal, and financial capacity of
the applicant
ix. A detailed project budget
x. An explanation of the scalability of the project
xi. Details on the non-Federal matching funds
xii. A detailed project timeline
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) be registered in SAM.GOV 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. FTA may not 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. These requirements do not apply if the applicant has an
exception approved by FTA or the U.S. Office of Management and Budget
under 2 CFR 25.110(c) or (d).
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 <a href="https://www.sam.gov">https://www.sam.gov</a>.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern Time on May 26, 2023. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Mail and fax submissions will not be accepted.
FTA urges applicants to submit applications at least 72 hours prior
to the deadline to allow time to correct any problems that may have
caused either GRANTS.GOV or FTA systems to reject the submission.
Proposals submitted after the deadline will be considered only if
lateness was due to extraordinary circumstances not under the
applicant's control. Deadlines will not be extended due to scheduled
website maintenance. GRANTS.GOV scheduled maintenance and outage times
are announced on the GRANTS.GOV website.
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.
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 registration up to
date before submissions can be made successfully: (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
FTA Emergency Relief Program funds may not be used to reimburse
project costs for which a transit system has received payments from
insurance policies or from another Federal agency, including FEMA, or
that were funded with any other FTA funds. Please see FTA's Emergency
Relief Manual for a complete list and description of ineligible
expenses.
Allowable direct and indirect expenses must be consistent with the
Government-wide Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (2 CFR 200) and FTA Circular
5010.1E.
E. Application Review Information
1. Review Criteria
Projects will be reviewed 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 review project
proposals based on the criteria described in this notice.
[[Page 18213]]
In the event the funding requested exceeds the amount available,
applicants are encouraged to identify scaled options to fund a project
at less than the full requested amount. If an applicant advises 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 whether or not a scalable option is provided. Responses to the
Local Financial Commitment; Project Implementation Strategy; and
Technical, Legal, and Financial Capacity criteria described below will
not be used to disqualify applications but may be used to determine
which applicants may need additional technical assistance to implement
a grant award and to the extent necessary, evaluate any requests for a
waiver of the local match requirement.
(a) Projects and Expenses
FTA will review operating and capital expenses along with damage
assessments or damage estimates to confirm that project costs are
eligible. FTA will also review information about insurance coverage and
proceeds received and any other Federal funding that has been applied
to project costs.
i. Documentation To Support Emergency Operating Requests
Applications must include the purpose of the emergency public
transportation service provided, which may include: evacuations; rescue
operations; moving rolling stock to higher ground to protect it from
storm surges; additional bus or ferry service to replace inoperable
rail service or to detour around damaged areas; returning evacuees to
their homes after the disaster; and the net project costs related to
reestablishing, expanding, or relocating public transportation service
before, during, or after the disaster. The application must include the
dates, hours, number and type of vehicles, and information relating to
fares received for the emergency service. Only net project costs may be
reimbursed.
ii. Documentation To Support Capital Requests
Applications must include copies of detailed damage assessments to
support the request for assistance for capital projects. Some
applicants may have previously worked with FTA or FEMA to develop
damage assessments which may be included in the application. Typically,
a damage assessment involves on-the-ground visits to the damage sites
to verify the extent of the damage and to estimate the cost of repairs
eligible for Emergency Relief funding. The damage assessment should
document: (1) The specific location, type of facility or equipment,
nature and extent of damage; (2) the most feasible and practical method
of repair or replacement; and (3) the estimated repair or replacement
cost.
(b) Local Financial Commitment
Applicants must identify the sources of funding for the total
project cost, including other Federal funding if applicable, and 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. Applicants should submit evidence of the
availability of funds for the project, by including, for example, 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 other non-Federal
funds.
Applicants must provide supporting documentation showing any other
sources of funding available to address the damage resulting from a
disaster, including, but not limited to, insurance policies and grant
agreements with FEMA. FTA will not fund activities already included in
an obligated grant with FEMA. Any applicant to FTA's Emergency Relief
Program that has also applied to FEMA for emergency funding must
document the scope of any agreements with FEMA, including amounts
obligated and drawn down, the dates for which FEMA agreed to fund any
operating costs, and a list of any capital projects included in the
FEMA application or equivalent document.
Applicants requesting assistance for expenses related to Hurricanes
Harvey, Irma, or Maria must identify if the applicant has previously
received an allocation of FTA Public Transportation Emergency Relief
Funds in Response to Hurricanes Harvey, Irma, and Maria and identify
the expenses the previous allocations are reimbursing.
(c) Project Implementation Strategy
Projects will be reviewed based on the extent to which the project
is ready to implement within a reasonable period of time and whether
the applicant's proposed implementation plans are reasonable and
complete.
In assessing whether the project is ready to implement within a
reasonable period of time, 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 or environmental impact statement
under the National Environmental Policy Act of 1969 (NEPA). As such,
applicants should submit information describing the project's completed
or anticipated path and timeline through the environmental review
process. If the applicant anticipates the project will qualify for a
CE, the applicant must say so explicitly in the application. Emergency
Relief projects may qualify for a CE as described in (F)(2)(d) of this
Notice. A full list of FTA's CEs can be found at 23 CFR 771.118. The
proposal must also state whether grant funds can be obligated within 12
months from time of award, if selected.
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.
(d) 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.
Additional information on the compliance requirements for these grants
appears later in this notice.
Applicants with outstanding legal, technical, or financial
compliance issues from an FTA compliance review or FTA grant-related
Single Audit finding must explain how corrective actions taken will
mitigate negative impacts on the project.
2. Review and Selection Process
The FTA Administrator will determine the final allocation of
funding for each applicant after reviewing the information provided via
this notice and validating damage assessments and cost estimates. FTA
reserves the right to request additional information prior to
[[Page 18214]]
making a determination as to Emergency Relief funding eligibility of
any particular project. In the event the appropriated funding is not
sufficient to fund all eligible projects, in determining the allocation
of program funds, FTA may consider geographic diversity, diversity in
the size of the transit systems receiving funding, and whether an
applicant is from a small urban or rural area or is a tribal
government. FTA may also consider capping the amount a single applicant
may receive.
3. Integrity and Performance Review
Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $250,000),
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.GOV. An applicant
may review and comment on information about itself that a Federal
awarding agency previously entered. FTA will consider 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
Final project selections will be posted on the FTA website. Only
proposals from eligible recipients for eligible activities will be
considered for funding. There is no minimum or maximum grant award
amount.
2. Administrative and National Policy Requirements
(a) Pre-Award Authority
Pre-award authority allows recipients to incur certain project
costs before grant approval and retain the eligibility of those costs
for subsequent reimbursement after grant approval. Pre-award authority
as it relates to the Emergency Relief Program is described in the
Emergency Relief Program final rule (49 CFR 602.11). In considering the
use of pre-award authority, recipients should be aware of the
following:
i. Pre-award authority is not a legal or implied commitment that
the subject project will be approved for FTA assistance or that FTA
will obligate Federal funds. Furthermore, it is not a legal or implied
commitment that all activities undertaken by the applicant will be
eligible for inclusion in the project.
ii. Except as waived pursuant to the waiver process described in
this notice, all FTA statutory, procedural, and contractual
requirements must be met.
iii. The recipient must take no action that prejudices the legal
and administrative findings that FTA must make in order to approve a
project, such as purchasing property prior to the completion of NEPA.
iv. The Federal amount of any future FTA assistance awarded to the
recipient for the project will be determined on the basis of the
overall scope of activities and the prevailing statutory provisions
with respect to the Federal/non-Federal match ratio at the time the
funds are obligated.
v. When FTA subsequently awards a grant for the project, the
Federal Financial Report in TrAMS indicates the use of pre-award
authority.
FTA grants pre-award authority to affected recipients for response,
recovery, and rebuilding expenses incurred as a result of eligible
major declared disasters as described in this Notice. Pre-award
authority applies to expenses incurred in preparation for such
disasters when forecasts specific to the disasters were available.
Expenses incurred for general disaster preparedness are not eligible.
If a recipient intends to use pre-award authority for recovery and
rebuilding expenses, FTA recommends the recipient work with the
appropriate FTA regional office to verify that all of the proposed
costs are eligible under the Emergency Relief Program in advance of
incurring any costs to the extent practicable. FTA regional office
contact information can be found at <a href="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>.
(b) Waiver of Remaining Useful Life Requirement
FTA is implementing a blanket waiver to relieve FTA recipients from
its useful life requirement with respect to assets that were destroyed
as a result of an eligible major declared disaster as described in this
Notice and taken out of service before the end of their useful life.
Such assets are presumed to have no remaining useful life. As a result
of this waiver, recipients may apply for funds to replace assets
without regard to the Federal interest remaining in the destroyed
asset.
Although FTA has determined that federally-funded assets destroyed
by major declared disasters have no remaining useful life, recipients
may have a financial obligation to FTA for assets that have a fair
market value (FMV) in excess of $5,000 at the time of disposition. For
disposition requirements, please see FTA Circular 5010.1E, ``Award
Management Requirements,'' chapter IV, subsection 4 and associated
Frequently Asked Questions at <a href="https://www.transit.dot.gov/funding/grants/bipartisan-infrastructure-law-disposition-requirements-frequently-asked-questions">https://www.transit.dot.gov/funding/grants/bipartisan-infrastructure-law-disposition-requirements-frequently-asked-questions</a>.
(c) Treatment of Insurance Proceeds
As described in the Emergency Relief Program Manual, and consistent
with the Emergency Relief Program final rule (49 CFR 602) and FTA
Circular 5010.1E: Award Management Requirements, if a recipient
receives or allocates insurance proceeds to a cost for which FTA either
allocated or obligated Emergency Relief Program funds, the recipient
will be required to amend the grant to reflect a reduced Federal
amount, and will be required to reimburse FTA for any FTA payments
(drawdown of funds) in excess of the new Federal amount. FTA will
deobligate any excess or unliquidated funds from the grant. FTA may
subsequently reallocate these funds through the Emergency Relief
Program for other eligible projects.
In the event a recipient receives insurance proceeds for an asset
and decides not to replace that asset, the waiver of useful life
described in this Notice does not apply, and the recipient must
reimburse FTA the remaining Federal interest in that asset in
accordance with FTA Circular 5010.1E.
(d) Emergency Relief From FTA Regulatory Requirements
Recipients may request waivers of FTA administrative requirements
by submitting a request to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, FTA docket
number FTA-2023-0001, as described in the Emergency Relief Program
final rule (49 CFR 602.15), however, recipients should not proceed with
a project with the expectation that waivers will be provided. FTA
recommends recipients discuss waiver requests with their FTA regional
offices prior to submission to the docket. Buy America waivers are not
processed through the emergency relief docket; the process for Buy
America waivers can be found in 49 CFR 661.9. Certain FTA regulatory
requirements are waived during and after major declared disasters:
i. Charter: Transit agencies may take actions, such as providing
service for evacuations, returning evacuees from shelters to their
homes, transporting utility workers, and providing service to shelter
residents, as long as these
[[Page 18215]]
actions are directly related to a declaration of emergency by the
President, governor, or mayor, without triggering the Charter Service
rule (49 CFR 604). Transit agencies may provide such services for up to
45 days from the declaration of emergency.
ii. NEPA: FTA has determined that certain activities related to
repairing transportation facilities damaged by an incident resulting in
a Presidential disaster or emergency declaration are eligible for a CE
(23 CFR 771.118(c)(11)). These actions include: Emergency repairs
performed under FTA's Emergency Relief Program (49 U.S.C. 5324) or the
repair, reconstruction, restoration, retrofitting, or replacement of
any road, highway, bridge, tunnel, or transit facility (such as a ferry
dock or bus transfer station), including ancillary transportation
facilities (such as pedestrian/bicycle paths and bike lanes), that is
in operation or under construction when damaged and the action: (1)
occurs within the existing right-of-way and in a manner that
substantially conforms to the preexisting design, function, and
location as the original (which may include upgrades to meet existing
codes and standards as well as upgrades warranted to address conditions
that have changed since the original construction), and (2) begins
within a 2-year period beginning on the date of the declaration.
Recipients should capitalize on the opportunity created by emergency
events to incorporate resiliency principles in restoration activities
under this program. Incorporation of resiliency principles would help
conserve Federal resources by avoiding repetitive damage to these
facilities as a result of similar disasters and to avoid significant
damage from other potential hazards.
iii. Procurement: Generally, procurement of goods and services by
transit agencies must be completed via a competitive procurement.
However, Federal regulations (2 CFR 200.320) permit noncompetitive
contracting when the public exigency or emergency for the requirement
will not permit a delay resulting from competitive solicitation. If a
recipient will conduct a noncompetitive procurement under an FTA award,
it must document its justification in writing at the time of the
procurement.
(e) Grant Requirements
Once FTA allocates Emergency Relief funds to a recipient, the
recipient will be required to submit a grant application electronically
via FTA's TrAMS system.
FTA will assign distinct project identification numbers for
recovery/rebuilding projects.
Recipients are required to maintain records, including but not
limited to all invoices, contracts, time sheets, and other evidence of
expenses to assist FTA in validating the eligibility and completeness
of a recipient's reimbursement requests under the Improper Payment
Information Act.
In the application, the eligible recipient should provide the
information outlined in the Emergency Relief final rule (49 CFR
602.17). For grant applications for reimbursement for emergency
operations costs, applicants should include summary information as
described in the final rule (dates, hours, number of vehicles, and
total fare revenues, if any, received for the emergency service), as
well as cost and a description of services in sufficient detail for FTA
to identify the costs as reasonable and eligible under the Emergency
Relief Program. Backup or supporting documentation may be requested
upon FTA's review of the application or at a later date. Any costs
determined to be ineligible after disbursement of funds must be
refunded to FTA.
All recipients are subject to the grant requirements of the Public
Transportation Emergency Relief program (49 U.S.C. 5324), FTA's Master
Agreement for financial assistance awards, and the annual
Certifications and Assurances required of applicants. This includes
section 21 of the Master Agreement, which provides the recipient ``will
comply with the insurance requirements normally imposed by its state
and local laws, regulations, and ordinances,'' and for those recipients
with structures in a floodplain, ``the Recipient agrees and assures
that its Third Party Participants will agree to comply with flood
insurance laws and guidance.'' Before receiving a grant under FTA's
Public Transportation Emergency Relief Program, recipients must submit
documentation demonstrating proof of any insurance required under
Federal law for all structures related to the grant application and
certify they have insurance for those structures as required by State
law as well. Insurance required under certain circumstances under
Federal law includes, but may not be limited to, flood insurance and
insurance for facilities previously repaired, restored, or
rehabilitated with assistance received under the Stafford Act (see
section 311 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act).
All recipients must also follow the Award Management Requirements
(FTA Circular 5010.1E) and the labor protections required by Federal
public transportation law (49 U.S.C. 5333(b)). All of these documents
are available on FTA's website. Technical assistance regarding these
requirements is available from each FTA regional office.
(f) Buy America and Domestic Preference for Infrastructure Projects
As expressed in Executive Order 14005, `Ensuring the Future Is Made
in All of America by All of America's Workers' (86 FR 7475), the
Executive Branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Therefore, 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. In addition, any award must comply with the Build America, Buy
America Act (BABA) (Pub. L. 117-58, sections 70901-27). BABA provides
that none of the funds provided under an award made pursuant to this
notice may be used for a project unless all iron, steel, manufactured
products, and construction materials are produced in the United States.
FTA's Buy America requirements are consistent with BABA requirements
for iron, steel, and manufactured products.
Any proposal that will require a waiver of any domestic preference
standard 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.
(g) Civil Rights Requirements
As a condition of a grant award, grant recipients must demonstrate
that the recipient has a plan for compliance with civil rights
obligations and nondiscrimination laws, including title VI of the Civil
Rights Act of 1964 and implementing regulations (49 CFR 21), the
Americans with Disabilities Act of 1990 (ADA) and implementing
regulations (49 CFR 37, 38 and 39), and section 504 of the
Rehabilitation Act and implementing regulations (49 CFR 27), all other
civil rights requirements, and accompanying regulations. This should
include a current title VI plan, completed Community Participation Plan
(alternatively called a Public Participation Plan and often part of the
overall title VI program plan), if applicable. DOT's and the applicable
Operating Administrations' Office of Civil Rights may work with awarded
[[Page 18216]]
grant recipients to ensure full compliance with Federal civil rights
requirements.
(h) 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 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
retrofitting (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
eligible TVMs is posted on FTA's website at <a href="https://www.transit.dot.gov/TVM">https://www.transit.dot.gov/TVM</a>. 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,
<a href="/cdn-cgi/l/email-protection#74391b1a1d17155a391737151818011934101b005a131b02"><span class="__cf_email__" data-cfemail="86cbe9e8efe5e7a8cbe5c5e7eaeaf3ebc6e2e9f2a8e1e9f0">[email protected]</span></a>.
(i) Planning
In accordance with the planning regulation (23 CFR 450), emergency
relief projects that do not involve substantial functional, locational,
or capacity changes are not required to be in the Transportation
Improvement Program (TIP) or Statewide Transportation Improvement
Program (STIP).
(j) Standard Assurances
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. 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.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports. Applicant
should include goals, targets, and indicators referenced in their
application to the project 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 200.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
Public Transportation Emergency Relief Program manager, Thomas Wilson,
by phone at (202) 366-5279, or by email at <a href="/cdn-cgi/l/email-protection#4a1e2225272b39641d23263925240a2e253e642d253c"><span class="__cf_email__" data-cfemail="faae9295979b89d4ad9396899594ba9e958ed49d958c">[email protected]</span></a>. A TDD
is available for individuals who are deaf or hard of hearing at 800-
877-8339. To ensure receipt of accurate information about eligibility
or the program, the applicant is encouraged to contact FTA 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 <a href="/cdn-cgi/l/email-protection#64171114140b1610240316050a10174a030b12"><span class="__cf_email__" data-cfemail="b6c5c3c6c6d9c4c2f6d1c4d7d8c2c598d1d9c0">[email protected]</span></a>. Contact information for FTA's regional
offices can be found on FTA's website at <a href="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>.
H. Other Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in section C. All information submitted as part of or
in support of any application shall use publicly available data or data
that can be made public and methodologies that are accepted by industry
practice and standards, to the extent possible. If an applicant submits
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant must
provide that information in a separate document, which the applicant
may reference from the application narrative or other portions of the
application. For the separate document containing confidential
information, the applicant must do the following: (1) state on the
cover of that document that it ``Contains Confidential Business
Information (CBI);'' (2) mark each page that contains confidential
information with ``CBI;'' (3) highlight or otherwise denote the
confidential content on each page; and (4) at the end of the document,
explain how disclosure of the confidential information would cause
substantial competitive harm. FTA will protect confidential information
complying with these requirements to the extent required under
applicable law. If FTA receives a Freedom of Information Act (FOIA)
request for the information that the applicant has marked in accordance
with this section, FTA will follow the procedures described in DOT's
FOIA regulations at 49 CFR 7.29. Only information that is in the
separate
[[Page 18217]]
document, marked in accordance with this section, and ultimately
determined to be confidential will be exempt from disclosure under
FOIA.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-06250 Filed 3-24-23; 8:45 am]
BILLING CODE 4910-57-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.