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Notice2023-10551

Fiscal Year 2023 Competitive Funding Opportunity: Passenger Ferry Grant Program and Ferry Service for Rural Communities Program

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Published

May 18, 2023

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

The Federal Transit Administration (FTA) announces the opportunity to apply for $220.2 million in competitive grants under the Fiscal Year (FY) 2023 Passenger Ferry Grant Program (Passenger Ferry Program) and Ferry Service for Rural Communities Program (Rural Ferry Program). Of the amount being made available, $50.1 million is for the Passenger Ferry Program and approximately $170 million is for the Rural Ferry Program. FTA may award additional funding made available to the program prior to the announcement of project selections.

Full Text

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<title>Federal Register, Volume 88 Issue 96 (Thursday, May 18, 2023)</title>
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[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31845-31854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10551]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Fiscal Year 2023 Competitive Funding Opportunity: Passenger Ferry
Grant Program and Ferry Service for Rural Communities 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 $220.2 million in competitive grants under the
Fiscal Year (FY) 2023 Passenger Ferry Grant Program (Passenger Ferry
Program) and Ferry Service for Rural Communities Program (Rural Ferry
Program). Of the amount being made available, $50.1 million is for the
Passenger Ferry Program and approximately $170 million is for the Rural
Ferry Program. FTA may award additional funding made available to the
program prior to the announcement of project selections.

DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time July 17, 2023.
Prospective applicants should initiate the process by promptly
registering on the GRANTS.GOV website to ensure completion of the
application process before the submission deadline. Instructions for
applying can be found on FTA's website 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> and in the ``FIND'' module
of GRANTS.GOV. The funding opportunity ID for the Passenger Ferry
Program is FTA-2023-007-TPM-PassFerry and the funding opportunity ID
for the Rural Ferry Program is FTA-2023-008-TPM-Rural Ferry. Mail and
fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#6d2b392c2b081f1f143d1f020a1f0c001e2d090219430a021b">[email&#160;protected]</a> or Vanessa
Williams, FTA Office of Program Management, (202) 366-4818, or Sarah
Clements, FTA Office of Program Management, (202) 366-3062.

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

This Notice of Funding Opportunity (NOFO) announces the
availability of FY 2023 funding for the Passenger Ferry Grant Program
(Passenger Ferry Program) and Ferry Service for Rural Communities
Program (Rural Ferry Program). Both programs can be found in Federal
Assistance Listing: 20.532.
Federal public transportation law (49 U.S.C. 5307(h)) authorizes
FTA to award grants for passenger ferries through a competitive
process. The Passenger Ferry Program provides funding to designated
recipients and direct recipients under FTA's Urbanized Area Formula
Program, as well as public entities engaged in providing public
transportation passenger ferry service in urban areas that are eligible
to be direct recipients. Projects funded under the program will improve
the condition and quality of existing passenger ferry services, support
the establishment of new passenger ferry services, and repair and
modernize ferry boats, terminals, and related facilities and equipment.
Section 71103 of the Infrastructure Investment and Jobs Act (the
``Bipartisan Infrastructure Law'' or ``BIL'') (Pub. L. 117-58)
authorizes FTA to award grants for the Rural Ferry Program through a
competitive process, as described in this notice. The Rural Ferry
Program provides funding for capital, operating, and planning expenses
to States and territories for ferry service to rural areas. Projects
funded under this program will support ferry transportation service
that operated a regular schedule at any time during the five-year
period from March 1, 2015, to March 1, 2020, and includes at least one
route segment of at least 50 sailing (nautical) miles between two rural
areas. The Consolidated Appropriations Act, 2023, (Pub. L. 117-328)
provides an additional $17,500,000 for ferry service meeting the above
criteria, except it is only required to serve at least two rural areas
with a single route segment over 20 miles between the two rural areas
and does not attribute data to an urbanized area in the National
Transit Database for ferry service.
FTA recognizes that passenger ferries provide critical and cost-
effective transportation links throughout the United States but face a
critical backlog of state of good repair and safety investments. 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 by removing
transportation related disparities to all populations within a project
area and increasing equitable access to project benefits, (4) maintain
and create good-paying jobs with a free and fair choice to join a
union, and (5) connect communities by increasing access to affordable
transportation options.
FTA seeks to fund projects under the Passenger Ferry and Rural
Ferry Programs that:
<bullet> Reduce greenhouse gas emissions in the transportation
sector, incorporate evidence-based climate resilience measures and
features, reduce the lifecycle greenhouse gas emissions from the
project materials, and avoid adverse environmental impacts to air or
water

[[Page 31846]]

quality, wetlands, and endangered species, and address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
<bullet> Create proportional impacts to all populations in a
project area, remove transportation related disparities to all
populations in a project area, and increase equitable access to project
benefits, consistent with Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009).
<bullet> Address equity and environmental justice, particularly for
communities that have experienced decades of under investment and are
most impacted by climate change, pollution, and environmental hazards,
consistent with Executive Order 14008, Tackling the Climate Crisis at
Home and Abroad (86 FR 7619).
<bullet> Support the creation of good-paying jobs with the free and
fair choice to join a union and the incorporation of strong labor
standards and training and placement programs, especially registered
apprenticeships, in project planning stages, consistent with Executive
Order 14025, Worker Organizing and Empowerment (86 FR 22829), and
Executive Order 14052, Implementation of the Infrastructure Investment
and Jobs Act (86 FR 64335).
<bullet> Support wealth creation, consistent with the Department's
Equity Action Plan through the inclusion of local inclusive economic
development and entrepreneurship such as the utilization of
Disadvantaged Business Enterprises, Minority-owned businesses, Women-
owned businesses, or section 8(a) firms.

B. Federal Award Information

Federal public transportation law (49 U.S.C. 5307(h)) authorizes
$30 million in FY 2023 contract authority funds for competitive grants
under the Passenger Ferry Program. The Consolidated Appropriations Act,
2023, appropriated an additional $15 million. Of that latter amount, $5
million is available only for low- or zero-emission ferries or ferries
using electric battery or fuel cell components and the infrastructure
to support such ferries. Additionally, $2,149,651 remains available for
allocation from the amounts made available in FY 2022 and an additional
$3,000,000 from FY 2016 is available for reallocation. FTA may award
additional funding made available to the program prior to the
announcement of project selections. In FY 2022, FTA received 25
eligible applications from 13 States and 1 territory requesting $153
million in Federal Passenger Ferry Program funds. Eight projects were
funded at a total of $34.4 million.
Division J of the BIL provides an advance appropriation of $200
million in FY 2023 funds for the Rural Ferry Program. Of that amount,
$3,980,000 is for FTA oversight, and $20,000 is transferred to the
USDOT Office of the Inspector General. Additionally, $43,452,559 of FY
2023 funding was awarded under the FY 2022 NOFO, making $152,547,441
available for award. Furthermore, the FY 2023 Consolidated
Appropriations Act appropriated an additional $17,500,000 that may be
allocated to passenger ferry service that serves at least two rural
areas with a single segment over 20 miles between the two rural areas
and that is not otherwise eligible for funding under the Passenger
Ferry Program.
In FY 2022, FTA received 8 eligible applications from 4 States
requesting $259 million in Federal Rural Ferry Program funds. All 8
projects were funded at a total of $252 million.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date the FY 2023 project selections are
announced on FTA's website. A project selected under the Rural Ferry
Program that is a continuation of a project that was selected through
the FY 2022 NOFO will be granted pre-award authority from the time of
the FY 2022 selection announcement. Funds are available for obligation
for five years after the fiscal year in which the awards are announced.
Except for any proposed continuation of Rural Ferry projects funded
from the FY 2022 NOFO, funds are available only for projects that have
not already incurred costs prior to the announcement of project
selections.

C. Eligibility Information

1. Eligible Applicants

Summary Table
------------------------------------------------------------------------
Program Eligible applicants
------------------------------------------------------------------------
Passenger Ferry Program........... Designated Recipients of section
5307 Funding.
Direct Recipients of section 5307
Funding.
Public Entities engaged in providing
public transportation passenger
ferry service in urban areas that
are eligible to be a Direct
Recipient.
Rural Ferry Program............... States and Territories.
------------------------------------------------------------------------

Eligible applicants for the Passenger Ferry Program are: (1)
designated recipients as defined in FTA Circular ``Urbanized Area
Formula Program: Program Guidance and Application Instructions''
(FTA.C.9030.1E), (2) direct recipients of FTA's Urbanized Area Formula
Grants, and (3) public entities engaged in providing public
transportation passenger ferry service in urban areas that are eligible
to be direct recipients.
Eligible applicants for the Rural Ferry Program are States and
Territories in which eligible service is operated. For the $152.6
million made available under Division J of the BIL, eligible service
includes passenger ferry service that operated a regular schedule at
any time between March 1, 2015, and March 1, 2020, and operated at
least one segment between two rural areas located more than 50 sailing
(nautical) miles apart. FTA defines a regular schedule as a published
schedule for either seasonal or year-round ferry service. For the $17.5
million appropriated in the Consolidated Appropriations Act, 2023,
eligible service also includes any passenger ferry service that
operated a regular schedule at any time between March 1, 2015, and
March 1, 2020, and operated at least one segment more than 20 miles
between two rural areas. Applicants in both categories must not have
attributed data to an urbanized area in their most recent report to the
National Transit Database for their ferry services. Applicants must
document their eligibility for the Rural Ferry Program by providing the
following:

(A) Documentation such as dated and published sailing schedules
to demonstrate the operation of regular scheduled service at any
time during the five-year period ending March 1, 2020.
(B) Documentation such as route maps to demonstrate provision of
service for at least one direct segment between two rural areas

[[Page 31847]]

that meet the distance requirements described above (either at least
50 or 20 nautical sailing miles) during the five-year period ending
March 1, 2020.

FTA will confirm the segment length based upon data reported to the
National Census of Ferry Operators maintained by the Bureau of
Transportation Statistics.
An eligible applicant that does not currently have an active grant
with FTA will, upon selection, be required to work with an FTA regional
office to establish its organization as an active grant recipient. This
process may require additional documentation to support the
organization's technical, financial, and legal capacity to receive and
administer Federal funds under this program.

2. Cost Sharing or Matching

a. The maximum Federal share for capital projects selected under
each program is 80 percent of the net project cost, with the exceptions
described in paragraphs b and c below, per 49 U.S.C. 5323. The maximum
Federal share for planning projects selected under the Rural Ferry
Program is 80 percent. There is no maximum Federal share for operating
projects selected under the Rural Ferry Program in FY 2023; however,
similar to FY 2022, FTA will require the State or locality to provide,
at a minimum, 75 percent of the three-year average prior to the
pandemic (2017, 2018, and 2019) on an annual basis to support ferry
service for the period supported by the grant. For example, if a State
or locality normally provided $1 million in operating assistance
annually, an applicant should include at least $750,000 in State or
local operating assistance.
b. The maximum Federal share is 85 percent of the net project cost
of acquiring vehicles (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.
c. The maximum Federal share is 90 percent of the net project 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 ADA or CAA. The award recipient must itemize the
cost of specific, discrete, vehicle-related equipment associated with
compliance with the ADA or CAA to be eligible for the maximum 90
percent Federal share for these costs.
Eligible sources of non-Federal matching funds include:

i. Cash from non-governmental sources other than revenues from
providing the ferry services (such as fare revenues, vehicle, or
cargo charges, etc.);
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. Amounts appropriated or otherwise made available to a
department or agency of the Government (other than the USDOT), that
are eligible to be expended for public transportation;
vi. In-kind contributions integral to the project;
vii. Revenue bond proceeds for a capital project, with prior FTA
approval; and
viii. Transportation Development Credits (formerly referred to
as Toll Revenue Credits).

If an applicant proposes a Federal share greater than 80 percent,
the applicant must clearly explain why the project is eligible for the
proposed Federal share.

3. Eligible Projects

Summary Table
------------------------------------------------------------------------
Program Eligible projects
------------------------------------------------------------------------
Passenger Ferry Program........... Capital Projects--purchase,
construction, replacement, or
rehabilitation of ferries,
terminals, related infrastructure,
and related equipment (including
electric or low-emitting ferry
vessels and related
infrastructure).
Rural Ferry Program............... Capital Projects--purchase,
construction, replacement, or
rehabilitation of ferries,
terminals, related infrastructure,
and related equipment (including
electric or low-emitting ferry
vessels and related
infrastructure).
Planning Projects.
Operating Projects.
------------------------------------------------------------------------

3A. Passenger Ferry Program--Eligible Projects
Under the Passenger Ferry Program, eligible projects are capital
projects for the purchase, construction, replacement, or rehabilitation
of ferries, terminals, related infrastructure, and related equipment
(including fare equipment and communication devices). Projects are
required to support a passenger ferry service that serves an urbanized
area and may include services that operate between an urbanized area
and rural areas. Ferry systems that accommodate cars must also
accommodate walk-on passengers to be eligible for funding. Operating
costs and planning projects are not eligible.
Under the Passenger Ferry Program only, recipients are permitted to
use up to 0.5 percent of their grant award to pay for not more than 80
percent of the cost for workforce development activities eligible under
Federal public transportation law (49 U.S.C. 5314(b)) and an additional
0.5 percent for costs associated with training at the National Transit
Institute. Applicants must identify the proposed use of funds for these
activities in the project proposal and identify them separately in the
project budget. Supportive services, such as childcare and
transportation assistance for participants, may be an eligible use of
program funds under 49 U.S.C. 5314(b). FTA has published clarifying
frequently asked questions regarding supportive services on its website
at <a href="https://www.transit.dot.gov/funding/grants/federal-transit-administration-faqs-supportive-services">https://www.transit.dot.gov/funding/grants/federal-transit-administration-faqs-supportive-services</a>.
3B. Rural Ferry Program--Eligible Projects
Under the Rural Ferry Program, eligible projects are capital,
operating, or planning assistance. Eligible capital projects include
the purchase, construction, replacement, or rehabilitation of ferries,
terminals, related infrastructure, and related equipment (including
fare equipment and communication devices). Only net operating expenses
are eligible for assistance. Net operating expenses are those expenses
that remain after the provider subtracts operating revenues from
eligible operating expenses. States may further define what constitutes

[[Page 31848]]

operating revenues, but, at a minimum, operating revenues must include
farebox revenues and other fees generated directly by the ferry service
such as vehicle fares, cargo fees, and cabin fees. Farebox revenues are
fares paid by riders, including those who are later reimbursed by a
human service agency or other user-side subsidy arrangement. For more
information, please see FTA Circular 9040.1G at <a href="https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application">https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application</a>. Eligible projects
are not required to be implemented on the same route segments that
resulted in applicant eligibility (e.g., the project need not be
implemented on a segment of more than 20 or 50 sailing (nautical)
miles). Ferry systems that accommodate cars must also accommodate walk-
on passengers to be eligible for funding. Walk-on passengers are
defined as passengers who board the vessel unaccompanied by any motor
vehicle in which they may have arrived at the ferry terminal and which
remains behind after ferry departure.

D. Application and Submission Information

1. Address To Request Application Package

Applications may be accessed at GRANTS.GOV 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.fta.dot.gov/howtoapply">https://www.fta.dot.gov/howtoapply</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 be downloaded from GRANTS.GOV or the FTA website
at <a href="https://www.transit.dot.gov/grants/fta-ferry-programs">https://www.transit.dot.gov/grants/fta-ferry-programs</a>.

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 FY 2023 Passenger
Ferry Program and Rural Ferry Program supplemental form. If an
applicant is submitting different proposals to different programs, the
applicant must submit an application for each project to each program
separately. 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
evaluate the proposal against the selection 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 States and other applicants to consider submitting a
single supplemental form that includes multiple activities as one
project 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 documentation supporting
the applicant's eligibility for the grant programs, letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Supporting 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:

a. Applicant name.
b. Unique entity identifier (UEI) (generated by SAM.GOV).
c. Key contact information (including contact name, address,
email address, and phone).
d. Congressional district(s) in which the project is located.
e. Project information (including title, executive summary, and
type).
f. A detailed description of the need for the project.
g. A detailed description of how the project will support the
program objectives.
h. Evidence that the project is consistent with local and
regional planning objectives.
i. Evidence that the applicant can provide the non-Federal cost
share.
j. A description of the technical, legal, and financial capacity
of the applicant.
k. A detailed project budget that shows how different funding
sources will share in each activity. The budget should identify
other Federal funds the applicant is applying for or has been
awarded, if any, that the applicant intends to use.
l. An explanation of the scalability of the project.
m. Details on the non-Federal matching funds.
n. For any application for operating assistance under the Rural
Ferry program, the applicant should provide the amount of State or
local funds provided for operating assistance for the three years of
operation prior to the start of the pandemic, January 20, 2020.
Applicants, at their discretion, may provide the three years of data
ending on the last day of the applicant's fiscal year ending prior
to January 20, 2020; end of the Federal fiscal year ending prior to
January 20, 2020; or ending January 20, 2020.
o. A detailed project timeline.
p. Address all the applicable criteria and priority
considerations identified in section E.

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

[[Page 31849]]

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 July 17, 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 as (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 made available under the Passenger Ferry Program may not be
used to fund operating expenses, planning, or preventive maintenance.
Any project that does not include the purchase, construction,
replacement, or rehabilitation of ferries, terminals, related
infrastructure, or related equipment is not eligible. Applicants to the
Rural Ferry Program may apply for capital, operating, or planning
assistance.
Except for continuation of projects funded under the FY 2022 Rural
Ferry Program, funds made available under this NOFO cannot be used to
reimburse applicants for otherwise eligible expenses incurred prior to
the posting of project selections on FTA's website and the
corresponding issuance of pre-award authority. 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 part 200) and FTA Circular 5010.1E.
As required by statute, an eligible ferry service that receives
funds from a State under the Rural Ferry Program shall not be
attributed to an urbanized area for purposes of apportioning funds
under chapter 53 of title 49, U.S. Code. In addition, an eligible
service that receives funds from a State under the Rural Ferry Program
shall not receive funds apportioned under section 5336 or 5337 of title
49, U.S. Code, in the same fiscal year.

6. Other Submission Requirements

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 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.
The Department may share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.

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
project proposals based on the criteria described in this notice.
a. Demonstration of Need
Applications for capital expenses to the Passenger Ferry Program or
Rural Ferry Program 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 passenger ferry vehicles,
equipment, or facilities. FTA will also evaluate the project's impact
on service delivery and whether the project represents a one-time or
periodic need that cannot reasonably be funded from FTA formula program
allocations or State or local resources. In evaluating applications,
FTA will consider, among other factors, certain project-specific
criteria as outlined below:
i. For vessel replacement or rehabilitation projects (including low
or zero-emission ferries):
<bullet> The age of the asset to be replaced or rehabilitated by
the proposed project, relative to its useful life--those applicants
that are already FTA grantees should reference the useful life
benchmark for the vehicles to be replaced identified in their Transit
Asset Management Plan and reported to the National Transit Database.
Those applicants should also describe how replacing the vehicle will
help them meet the state of good repair performance targets set in
their Transit Asset Management (TAM) Plan.
<bullet> The condition of the asset to be replaced by the proposed
project, as ascertained through inspections or otherwise, if available.
ii. For facility infrastructure improvements or related-equipment
acquisitions:
<bullet> The age of the facility or equipment to be rehabilitated
or replaced, relative to its useful life--those applicants that are
already FTA grantees should reference the condition of the facility as
reported to the National Transit Database and how the project will help
you meet the state of good repair performance targets in your Transit
Asset Management (TAM) Plan.

[[Page 31850]]

<bullet> The degree to which the proposed project will enable the
agency to improve the maintenance and condition of the agency's fleet
or related ferry assets.
iii. For vessel or facility-related expansion or new service
requests:
<bullet> The degree to which the proposed project addresses a
current capacity constraint that is limiting the ability of the agency
to provide reliable service, meet ridership demands, or maintain
vessels and related equipment.
<bullet> The degree to which the proposed new service is supported
by ridership demand.
For operating projects under the Rural Ferry Program:
<bullet> The degree to which the application addresses how
additional operating resources will lead to more reliable or improved
service, or meet additional service demands.
<bullet> The financial need demonstrated by the applicant,
including actual or projected need to maintain or initiate ferry
service and a description of how existing operating resources are
insufficient to meet the need.
<bullet> For expansion operating projects, projected ridership on
the new service and the methodology used by the applicant to determine
the projection.
For planning projects under the Rural Ferry Program:
<bullet> The degree to which the application addresses how planning
resources will lead to more reliable or improved service, or meet
additional service demands.
b. Demonstration of Benefits
All Applications will be evaluated based on how the ferry project
will accomplish one or more of the following: (1) enhance the safety of
existing ferry systems, (2) improve the state of good repair of the
existing system, (3) provide additional transportation options that
foster community development and access to economic opportunities, and/
or (4) improve the quality of transit service to underserved
communities.
Additionally, all applications will be evaluated on their support
for walk-on passengers. Walk-on passengers are defined as passengers
who board the vessel unaccompanied by any motor vehicle in which they
may have arrived at the ferry terminal and which remains behind after
ferry departure. The support for walk-on passengers will be evaluated
as follows:
For replacement or rehabilitation projects, benefits will be
evaluated in part based on the percentage of riders that are walk-on
compared to passengers using the service to transport automobiles.
For expansion projects, benefits will be evaluated in part based on
what convenient infrastructure is provided at the origin and
destination of the service and at any intermediary stops that supports
transit and intercity bus riders, pedestrians, or bicycles. Supporting
documentation should include data that demonstrates the number of trips
(passengers and vehicles), the number of walk-on passengers, and the
frequency of transfers to other modes, if applicable.
In addition to the above five elements, projects for low- or zero-
emission ferries under any program or projects for operating assistance
under the Rural Ferry program will be evaluated as follows:
For low- or zero-emission ferries, applicants should demonstrate
how the proposed ferries or infrastructure will reduce the emission of
particulates and other pollutants that create local air pollution,
which leads to local environmental health concerns, smog, and unhealthy
ozone concentrations. Applicants should also demonstrate how the
proposed ferries or infrastructure will reduce emissions of greenhouse
gases from ferry operations. Projects that propose the use of zero-
emission ferries and related infrastructure for producing zero onboard
emissions during normal operations will be more competitive.
For operating projects under the Rural Ferry Program, applicants
should address and document how the requested operating funds will be
used to augment, and not replace, existing State or local operating
funds.
c. Planning and Local/Regional Prioritization
Applicants that are already FTA recipients and are seeking a
capital grant should demonstrate that the project is included in the
investment prioritization of their Transit Asset Management (TAM) Plan.
Applicants must demonstrate how the proposed project is consistent
with local and regional planning documents and identified priorities.
This will involve assessing whether the project is consistent with the
transit priorities identified in the long-range transportation plan and
the State and Metropolitan Transportation Improvement Program (STIP/
TIP). Applicants should note if the project could not be included in
the financially constrained STIP or TIP due to lack of funding, and if
selected that the project can be added to the federally approved STIP
before grant award.
FTA encourages applicants to demonstrate State or local support by
including letters of support from State departments of transportation,
local transit agencies, local government officials and public agencies,
local non-profit or private sector organizations, and other relevant
stakeholders. Applications that include letters of support will be
viewed more favorably than those that do not. For FTA to fully consider
a letter of support, the letter must be included in the application
package. In an area with both ferry and other public transit operators,
FTA will evaluate whether project proposals demonstrate coordination
with and support of other related projects within the applicant's
Metropolitan Planning Organization (MPO) or the geographic region
within which the proposed project will operate.
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. Additional consideration
will be given to those projects for which local funds have already been
made available or reserved. 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 non-Federal funds.
An applicant may provide documentation of previous and recent local
investments in the project, which cannot be used to satisfy non-Federal
matching requirements, as evidence of local financial commitment.
Applicants that request a Federal share for a capital project
greater than 80 percent must clearly explain why the project is
eligible for the proposed Federal share. For planning projects under
the Rural Ferry Program, the Federal share may not exceed 80 percent.
For operating projects under the Rural Ferry Program, there is no
maximum Federal share to a grant awarded under this program, however,
the applicant must maintain the non-Federal funding levels described in
section C of this notice.
e. Project Implementation Strategy
Projects will be evaluated based on the extent to which the project
is ready

[[Page 31851]]

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, 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. As such,
applicants should submit information describing the project's
anticipated path and timeline through the environmental review process.
If the project will qualify as a Categorical Exclusion, the applicant
must say so explicitly in the application. The proposal must also state
whether grant funds can be obligated within 12 months from time of
award, if selected, and if necessary, the timeframe under which the TIP
and STIP can be amended to include the proposed project. Additional
consideration will be given to projects for which grant funds can be
obligated within 12 months from time of award.
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.
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.
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

FTA technical evaluation committees will evaluate proposals using
the project evaluation criteria. FTA staff may request additional
information from applicants, if necessary. After consideration of the
findings of the technical evaluation committees, FTA 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, walk-on
vs. vehicle boardings for the impacted service, and the applicant's
receipt of other competitive awards. FTA will also consider whether the
project will include low or zero-emission ferries, including ferries
using electric battery or fuel cell components and the infrastructure
to support such ferries. FTA may consider capping the amount a single
applicant may receive.
After applying the above criteria, to address climate change and
sustainability, FTA will give priority consideration to applications
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 as well as disproportionate negative impacts of climate
change and pollution on disadvantaged communities.
FTA will also provide priority consideration for applicants that
describe how their projects support workforce development, job quality,
and wealth creation as follows:
Applicants for facility projects should identify whether they will
commit to registered apprenticeship positions and use apprentices on
the funded project, sometimes called an apprenticeship utilization
requirement (e.g., requiring that a certain percent of all labor hours
will be performed by registered apprentices). Applicants should also
detail partnerships with high-quality workforce development programs
with supportive services \1\ to help train, place, and retain
underrepresented communities in jobs and registered apprenticeships on
the project.
In addition to the above, facility projects over $35 million in
total project cost, should identify whether the project will use a
Project Labor/Community Workforce Agreement and whether the recipient
commits to participate in the U.S. Department of Labor's Office of
Federal Contract Compliance Programs (OFCCP) Mega Construction Project
Program if selected by OFCCP (see F.2.e. Federal Contract Compliance).
FTA will also give priority consideration to projects that support
the Justice40 initiative, <a href="https://www.transportation.gov/equity-Justice40">https://www.transportation.gov/equity-Justice40</a>. 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
(<a href="https://www.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://www.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a>). Alternatively, applicants may also
choose to use the Climate and Economic Justice Screening Tool (CEJST),
provided by the Council on Environmental Quality. This tool can be
found at <a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a>. Use of either mapping
tool is optional; applicants may provide an image from 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
for disadvantage described in Executive Order 14008. Examples of
indicators for Historically Disadvantaged Communities that an applicant
could address using geographic or demographic information include
percentages of low income, high or persistent poverty, high
unemployment and underemployment, racial and ethnic residential
segregation, linguistic isolation, high housing cost burden and
substandard housing, and high transportation cost burden and/or low
transportation access. 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 <a href="/cdn-cgi/l/email-protection#4c0b01030c282338622b233a">[email&#160;protected]</a>.
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

[[Page 31852]]

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 $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; however, FTA intends to fund as many meritorious projects as
possible. Due to funding limitations, projects that are selected for
funding may receive less than the amount originally requested. In those
cases, applicants must be able to demonstrate that the proposed
projects are still viable and can be completed with the amount awarded.
Recipients should contact their FTA Regional Office (<a href="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>) for
additional information regarding allocations for projects under the
Ferry Programs.

2. Administrative and National Policy Requirements

i. Pre-Award Authority
At the time the project selections are announced, FTA will extend
pre-award authority for the selected projects consistent with 2 CFR
200.458. Except for continuations of projects selected under the FY
2022 Rural Ferry Program, there is no blanket pre-award authority for
these projects before announcement, and pre-award authority cannot be
used prior to FTA issuance of pre-award authority. Note, for projects
selected under the FY 2022 Rural Ferry Program, pre-award authority is
only permissible for activities included and approved in the
application submitted to that competition. 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. For more information about FTA's policy on pre-award
authority, please see FTA's 2023 Apportionment Notice (88 FR 23117).
ii. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). All Passenger Ferry Program recipients
are subject to the grant requirements of the Urbanized Area Formula
Grant program (49 U.S.C. 5307). All Rural Ferry Program recipients are
subject to the grant requirements of the Rural Area Formula Grant
Program (49 U.S.C. 5311) as applicable, FTA's Master Agreement for
financial assistance awards, the annual Certifications and Assurances
required of applicants, FTA Circular ``Urbanized Area Formula Program:
Program Guidance and Application Instructions'' (FTA.C.9030.1E) or FTA
Circular ``Formula Grants for Rural Areas'' (FTA.C.9040.1G). All
recipients must also follow the FTA Award Management Requirements
Circular (FTA.C.5010.1) and the labor protections required by Federal
public transportation law (49 U.S.C. 5333(b)). All these documents are
available on FTA's website. Technical assistance regarding these
requirements is available from each FTA regional office.
iii. Buy America and Domestic Preferences 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). The 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.
iv. Civil Rights and Title VI
As a condition of a grant award, grant recipients should
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 (49 CFR part 21), the Americans with
Disabilities Act of 1990 (ADA), section 504 of the Rehabilitation Act,
other civil rights requirements, and all implementing 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 grant recipients to ensure full compliance
with Federal civil rights requirements.
v. Disadvantaged Business Enterprise
Projects that include ferry acquisitions are subject to the transit
vehicle manufacturer (TVM) rule of the Disadvantaged Business
Enterprise (DBE) program regulations (49 CFR 26.49). The TVM rule
requires recipients procuring transit vehicles, including ferries, to
limit eligible bidders to certified TVMs. To become a certified TVM, a
manufacturer of transit vehicles must submit a DBE program plan and
annual goal to FTA for approval. A list of certified TVMs is posted on
FTA's web page at <a href="https://www.transit.dot.gov/TVM">https://www.transit.dot.gov/TVM</a>. Recipients should
contact FTA before accepting bids from entities not appearing on this
list.
In lieu of restricting eligibility to certified TVMs, a recipient
may, with FTA's approval, establish project-specific goals for DBE
participation in the procurement of transit vehicles.
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#a5e8cacbccc6c48be8c6e6c4c9c9d0c8e5c1cad18bc2cad3">[email&#160;protected]</a>.
vi. Federal Contract Compliance
As a condition of grant award and consistent with E.O. 11246, Equal
Employment Opportunity (30 FR 12319, and as amended), all Federally-
assisted construction contractors are required to make good faith
efforts to meet the goals

[[Page 31853]]

of 6.9 percent of construction project hours being performed by women,
in addition to goals that vary based on geography for construction work
hours and for work being performed by people of color. Under section
503 of the Rehabilitation Act and its implementing regulations,
affirmative action obligations for certain contractors include an
aspirational employment goal of 7 percent workers with disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with project
sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP may
identify construction projects that receive an award under this notice
that have a project cost above $35 million to participate in OFCCP's
Mega Construction Project Program. If selected and the applicant agrees
to participate, OFCCP will ask selected project sponsors to make clear
to prime contractors in the pre-bid phase that award terms may require
their participation in the Mega Construction Project Program.
Additional information on how OFCCP makes their selections for
participation in the Mega Construction Project Program is outlined
under ``Scheduling'' on the Department of Labor website: <a href="https://www.dol.gov/agencies/ofccp/faqs/construction-compliance">https://www.dol.gov/agencies/ofccp/faqs/construction-compliance</a>.
vii. Planning
FTA encourages applicants to notify the appropriate State
Departments of Transportation and MPOs in areas likely to be served by
the project funds made available under these initiatives and programs.
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. As described under the
evaluation criteria, FTA will consider whether a project is consistent
with or already included in these plans when evaluating a project.
viii. 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. Applicants
should include goals, targets, and indicators referenced in their
applications to the project in the Executive Summary of the TrAMS
application. Recipients or beneficiaries of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database. National Transit Database reports include
total sources of revenue and complete expenditure reports for all
public transportation operations, not just those funded by this
project. Applicants partnering with a private operator should ensure
that the private operator will meet all the comprehensive reporting
requirements of the National Transit Database.
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 (Pub. L. 115-435), 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
<a href="/cdn-cgi/l/email-protection#185e4c595e7d6a6a61486a777f6a79756b587c776c367f776e">[email&#160;protected]</a>, or Vanessa Williams, by phone at (202) 366-
4818 or Sarah Clements at (202) 366-3062. 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 <a href="https://www.transit.dot.gov/grants/fta-ferry-programs">https://www.transit.dot.gov/grants/fta-ferry-programs</a>. 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#99eaece9e9f6ebedd9feebf8f7edeab7fef6ef">[email&#160;protected]</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.
Applications and supporting materials submitted to FTA may be
subject to disclosure under Federal laws including, but not limited to,
the Freedom of Information Act (FOIA). If a submission contains trade
secret or confidential commercial or financial information, the
submitter should segregate that information and clearly identify and
mark each instance as ``Confidential Business Information (CBI)'' along
with an explanation of its confidentiality. A general legend on the
cover of an application, by itself, is insufficient marking. FTA will
endeavor to protect confidential business information complying with
these requirements to the extent required under law. If FTA receives a
FOIA request for confidential business information, FTA will follow the
procedures in DOT's FOIA regulation at

[[Page 31854]]

49 CFR 7.29. Only information that is segregated and marked in
accordance with this section will be considered for exemption under
FOIA because of its business confidentiality.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-10551 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-57-P

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