Notice2023-26346
Fiscal Year 2024 Competitive Funding Opportunity: All Stations Accessibility Program
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
November 30, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for approximately $343 million in competitive grants under the fiscal year (FY) 2024 All Stations Accessibility Program (ASAP).
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83597-83605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26346]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fiscal Year 2024 Competitive Funding Opportunity: All Stations
Accessibility Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO).
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $343 million in competitive
grants under the fiscal year (FY) 2024 All Stations Accessibility
Program (ASAP).
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on January 30,
2024. Prospective applicants should initiate the process by registering
on the GRANTS.GOV website promptly to ensure completion of the
application process before the submission deadline. Instructions for
applying can be found on FTA's website at <a href="https://www.transit.dot.gov/howtoapply">https://www.transit.dot.gov/howtoapply</a> and in the ``FIND'' module of GRANTS.GOV. The funding
opportunity ID is FTA-2024-001-TPM-ASAP.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact Kevin Osborn, All Stations Accessibility
Program Manager, via email at <a href="/cdn-cgi/l/email-protection#064d63706f68284975646974684662697228616970"><span class="__cf_email__" data-cfemail="5d16382b343373122e3f322f331d393229733a322b">[email protected]</span></a> or call 202-366-
7519.
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
Division J of the Bipartisan Infrastructure Law (enacted as the
Infrastructure Investment and Jobs Act, Pub. L. 117-58) authorizes FTA
to award grants for public transportation rail station accessibility
projects, for
[[Page 83598]]
``legacy'' stations, through a competitive process, as described in
this notice. Legacy stations for purposes of this NOFO are defined as
public transportation stations already constructed or where
construction began prior to January 25, 1992, or for commuter rail
stations already constructed or where construction began prior to
October 7, 1991, that were not identified as key stations and remain
not accessible to or usable by persons with disabilities, including
wheelchair users. ASAP provides funding to States (including
territories and Washington, DC) and local governmental authorities to
help finance capital projects to upgrade the accessibility of legacy
rail fixed guideway public transportation systems (e.g., subway,
commuter rail, light rail) for persons with disabilities, including
those who use wheelchairs, by increasing the number of existing
stations or facilities, such as outdoor light-rail boarding and
alighting areas, that are fully accessible. For purposes of this NOFO,
``fully accessible'' means all of the passenger-use publicly accessible
areas in the station(s) or facilities for passenger use meet or exceed
the standards for new construction under title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) as incorporated into
appendix A of 49 CFR part 37. Grants under this program are for (1)
capital projects to repair, improve, modify, retrofit, or relocate
infrastructure of stations or facilities for passenger use, including
load-bearing members that are an essential part of the structural
frame; or (2) for planning projects to develop or modify a plan for
pursuing public transportation accessibility projects, assessments of
accessibility, or assessments of planned modifications to stations or
facilities for passenger use.
This funding opportunity can be found under Federal Assistance
Listing 20.533. FTA seeks to fund projects that 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). In addition, the
Department intends to use the program to 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). The
Department also intends to use the program to 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.
B. Federal Award Information
The Bipartisan Infrastructure Law appropriated $350,000,000 for FY
2024 for ASAP. After the administrative oversight and Office of
Inspector General takedown of $7,000,000, FTA is announcing the
availability of $343,000,000 for ASAP grants through this notice. FTA
may also award any additional funds made available for ASAP prior to
project selections. FTA may cap the amount a single recipient or State
may receive as part of the selection process.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2024 project selections are announced
on FTA's website. Funds are available for obligation for three fiscal
years after the fiscal year in which the competitive awards are
announced. Funds are available only for eligible costs incurred after
the date project selections are announced. FTA intends to fund as many
meritorious projects as possible.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for ASAP include designated recipients that
operate or allocate funds to inaccessible pre-ADA--or ``legacy''--rail
fixed guideway public transportation systems, and States (including
territories and Washington, DC) and local governmental entities that
operate or financially support legacy rail fixed guideway public
transportation systems and corresponding legacy stations/facilities.
The law limits ASAP to legacy rail fixed guideway public transportation
systems with stations or facilities for passenger use that are not
already accessible to and usable by persons with disabilities,
including wheelchair users. To be considered eligible, applicants must
be able to demonstrate the requisite legal, financial, and technical
capabilities to receive and administer Federal funds under this
program. Assistance on this requirement is available from FTA's
Regional Offices.
2. Cost Sharing or Matching
The maximum Federal share as identified in the law for an eligible
project shall not exceed 80 percent of the net project cost.
Eligible sources of match include the following: state or local
government revenues, cash from non-government sources other than
revenues from providing public transportation services; revenues
derived from the sale of advertising and concessions; amounts received
under a service agreement with a State or local social service agency
or private social service organization; revenues generated from value
capture financing mechanisms; funds from an undistributed cash surplus;
replacement or depreciation cash fund or reserve; new capital; or in-
kind contributions. Transportation development credits or in-kind match
may be used for local match if identified and documented in the
application.
3. Eligible Projects
Eligible projects under ASAP include (1) capital projects to
repair, improve, modify, retrofit, or relocate infrastructure of
stations or facilities for passenger use, including load-bearing
members that are an essential part of the structural frame; or (2) for
planning projects to develop or modify a plan for pursuing public
transportation accessibility projects, assessments of accessibility, or
assessments of planned modifications to stations or facilities for
passenger use projects; or programs of projects in an eligible area.
Please note, capital projects are limited to only those that, upon
completion, will meet or exceed the standards for new construction
under title II of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131 et seq.), as incorporated into appendix A of 49 CFR part
37. Eligible costs are limited to project costs associated with the
accessibility improvements.
Neither a capital grant nor a planning grant awarded under this
program may be used to upgrade a station or facility for passenger use
that is already accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, consistent
with the construction standards under title II of the Americans with
Disabilities Act of 1990 (ADA) (42 U.S.C. 12131 et seq.) in place at
the time the station or passenger facility was originally constructed
or upgraded. Only legacy stations or passenger facilities that existed
prior to the ADA and were not
[[Page 83599]]
made accessible in the intervening time are therefore eligible.
Any project of station upgrades or passenger facility that does not
result in full accessibility consistent with title II of the ADA as
incorporated by appendix A of 49 CFR part 37 and usability by persons
with disabilities, including wheelchair users, is not eligible under
this program. Any project to upgrade a station previously identified as
one already required to be accessible to and usable by persons with
disabilities, including those that use wheelchairs, per the
requirements of 49 CFR part 37, including key stations and intercity
rail stations, is not eligible under this program. Projects for
maintenance or repair activities for elements of existing accessible
stations or passenger facilities that are otherwise subject to the
ongoing maintenance requirements under 49 CFR 37.161(a) are not
eligible under this program. Maintenance and repair activities for
stations altered under this program are subject to the same ongoing
maintenance provision, and are similarly ineligible.
D. Application and Submission Information
1. Address To Request Application Package
Application materials may be accessed on <a href="http://grants.gov">grants.gov</a>. Applications
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. A complete proposal submission for each program consists of
two forms: the SF-424 Application for Federal Assistance (available at
GRANTS.GOV) and the supplemental form for the FY 2024 All Stations
Accessibility Program (downloaded from GRANTS.GOV or the FTA website at
<a href="https://www.transit.dot.gov/grants/all-stations-accessibility-program">https://www.transit.dot.gov/grants/all-stations-accessibility-program</a>).
Please note that if an applicant is applying for both a planning and
construction project, they must submit two different applications via
GRANTS.GOV. Failure to submit the information as requested can delay
review or disqualify the application.
2. Content and Form of Application Submission
a. Proposal Submission
A complete proposal submission for each program consists of two
forms: (1) the SF-424 Application for Federal Assistance; and (2) the
supplemental form for the FY 2024 All Stations Accessibility Program.
The supplemental form and any supporting documents must be attached to
the ``Attachments'' section of the SF-424. The application must include
responses to all sections of the SF-424 Application for Federal
Assistance and the supplemental form, unless indicated as optional. The
information on the supplemental form will be used to determine
applicant and project eligibility for the program, and to evaluate the
proposal against the selection criteria described in section E of this
notice.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If a State or other applicant
chooses to submit separate proposals for individual consideration by
FTA, each proposal must be submitted using a separate SF-424 and
supplemental form. Applicants applying for both a planning and a
construction project must submit two separate applications, one for
each type of project.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, accessibility information, or excerpts from relevant
planning documents. Any supporting documentation must be described and
referenced by file name in the appropriate response section of the
supplemental form, or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless stated otherwise on the
forms. If information is copied into the supplemental form from another
source, applicants should verify that pasted text is fully captured on
the supplemental form and has not been truncated by the character
limits built into the form. Applicants should use both the ``Check
Package for Errors'' and the ``Validate Form'' validation buttons on
both forms to check all required fields on the forms, and ensure that
the Federal and local amounts specified are consistent. Applicants
should enter their information in the supplemental form (fillable PDF)
that is made available on FTA's website or through the GRANTS.GOV
application package, and should attach this to the application in its
original format. Applicants should not use scanned versions of the
form, ``print'' the form to PDF, convert or create a version using
another text editor, etc.
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.
b. Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information, including:
i. Applicant name.
ii. Unique Entity Identifier.
iii. Key contact information (including contact name, address,
email address, and phone).
iv. Congressional district(s) where project will take place.
v. Project information (including title, an executive summary, and
type).
vi. A detailed description of the need for the project.
vii. A detailed description on how the project will support the
Program's objectives.
viii. Evidence that the project is consistent with local and
regional planning documents.
ix. Evidence that the applicant can provide the local cost share.
x. A description of the technical, legal, and financial capacity of
the applicant.
xi. A detailed project budget--Project budgets should show how
different funding sources will share in each activity and present those
data in dollars and percentages. The budget should identify other
Federal funds the applicant is applying for or has been awarded, if
any, that the applicant intends to use. Funding sources should be
grouped into three categories: non-Federal, ASAP and other Federal with
specific amounts from each funding source.
xii. An explanation of the scalability of the project--Applicants
are encouraged to identify scaled funding options in case insufficient
funding is available to fund a project at the full requested amount. If
an applicant indicates that a project is scalable, the applicant must
provide an appropriate minimum funding amount that will fund an
eligible project that achieves the objectives of the program and meets
all relevant program requirements. Proposed scalable projects must
still result in a station or passenger facility with full accessibility
to and usability by persons with disabilities, including wheelchair
users. The applicant must provide a clear explanation of how the
project budget would be affected by a
[[Page 83600]]
reduced award. FTA may award a lesser amount regardless of whether a
scalable option is provided.
xiii. Details on the non-Federal matching funds.
xiv. Details on any other Federal funds awarded or applied for.
xv. A detailed project timeline.
xvi. A system map and listing of accessible vs inaccessible
stations, and which station(s) they are proposing to upgrade.
xvii. 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 before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. These requirements do not apply if the applicant
has an exemption approved by FTA pursuant to 2 CFR 25.110(c) or is
otherwise excepted from registration requirements. FTA may not make an
award until the applicant has complied with all applicable unique
entity identifier and SAM requirements. If an applicant has not fully
complied with the requirements by the time FTA is ready to make an
award, FTA may determine that the applicant is not qualified to receive
an award and use that determination as a basis for making a Federal
award to another applicant.
All applicants must provide a unique entity identifier provided by
SAM. Registration in SAM may take as little as 3-5 business days, but
since there could be unexpected steps or delays (for example, if there
is a need to obtain an Employer Identification Number), FTA recommends
allowing ample time, up to several weeks, for completion of all steps.
For additional information on obtaining a unique entity identifier,
please visit <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 January 30, 2024. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances when the lateness was for reasons not under
the applicant's control. Mail and fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
FTA urges applicants to submit applications at least 72 hours prior
to the due date to allow time to receive the validation messages and to
correct any problems that may have caused a rejection notification.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV website. Deadlines will not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registrations up to
date before submissions can be made successfully. For example,
registration in SAM is renewed annually, and persons making submissions
on behalf of the Authorized Organization Representative (AOR) must be
authorized in GRANTS.GOV by the AOR to make submissions.
5. Funding Restrictions
Funds under this NOFO cannot be used to reimburse applicants for
otherwise eligible expenses incurred prior to FTA award of a grant
agreement until FTA has issued pre-award authority for selected
projects. FTA expects to issue pre-award authority to incur costs for
selected projects beginning on the date that project selections are
announced. FTA does not provide pre-award authority for competitive
funds until projects are selected, and even then, there are Federal
requirements that must be met before costs are incurred. FTA will issue
specific guidance to awardees regarding pre-award authority at the time
of selection. For more information about FTA's policy on pre-award
authority, please see the most recent Apportionment Notice on FTA's
website. Refer to section C.3., Eligible Projects, for information on
activities that are allowable in this grant program. Allowable direct
and indirect expenses must be consistent with the Government-wide
Uniform Administrative Requirements and Cost Principles (2 CFR part
200) and FTA Circular 5010.1E. Funds may not be used to support or
oppose union organizing.
6. Other Submission Requirements
All applications must be submitted via the GRANTS.GOV website. FTA
does not accept applications on paper, by fax machine, email, or other
means. For information on application submission requirements, please
see section D.1. of this notice, Address to Request Application.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily on the responses provided in
the supplemental form. Additional information may be provided to
support the responses; however, any additional documentation must be
directly referenced on the supplemental form, including the file name
where the additional information can be found. FTA will evaluate
proposals based on the criteria described in this notice.
a. Demonstration of Need
For station or passenger facility accessibility improvement
projects:
FTA will evaluate the need for the project, including supporting
information that describes the lack of accessibility at, the condition,
of and age of the stations or passenger facilities for passenger use to
be made fully accessible. Applicants are encouraged to include a
detailed project description and scope that explains how the proposed
project will make all of the passenger-use publicly accessible areas in
the station(s) or facilities for passenger use fully accessible in
accordance with title II of the Americans with Disabilities Act of 1990
(42 U.S.C. 12131 et seq.), as incorporated into appendix A of 49 CFR
part 37. Applicants should demonstrate that this is a legacy rail
station that was not already required to be made fully accessible in
accordance with the ADA.
FTA will evaluate whether the project (1) addresses an overall lack
of accessible stations in a particular geographic area; (2) is at a
major interchange point with other transportation modes; (3) serves
major activity or cultural centers, such as employment or government
centers, sports or entertainment venues, centers of economic activity
or commerce, cultural or community centers,
[[Page 83601]]
institutions of higher education, hospitals or other major health care
facilities, or other facilities that are major trip generators; (4) is
a transfer station(s) on a rail line, between rail lines, or is an end
of the line station; (5) is a station or passenger facility where
passenger boardings exceed average station or facility passenger
boardings on the rail system and/or (6) is able to demonstrate
reductions in ADA paratransit reliance through paratransit origin-to-
destination pairs analysis.
For planning projects:
FTA will evaluate how well the applicant demonstrates that the
proposed planning project will develop or modify a plan for pursuing
public transportation accessibility projects, assessments of
accessibility, or assessments of planned modifications to stations or
facilities for passenger use. Applicants are encouraged to reference
how the project supports local and regional prioritization of increased
accessibility at their existing legacy rail fixed guideway public
transportation stations or passenger facilities.
b. Demonstration of Benefits
For station or passenger facility accessibility improvement
projects:
FTA will evaluate how well the applicant details how the project
will increase the accessibility of legacy rail fixed guideway public
transportation systems for persons with disabilities, including those
who use wheelchairs, by increasing the number of existing stations or
passenger facilities for passenger use that meet or exceed the
standards for new construction under title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) as incorporated into
appendix A of 49 CFR part 37. See: <a href="https://www.access-board.gov/files/ada/ADAdotstandards.pdf">https://www.access-board.gov/files/ada/ADAdotstandards.pdf</a>. FTA will rate projects higher if they propose
to exceed the construction standards, by providing multiple paths of
travel for people with physical disabilities (including those who use
wheelchairs) or technologies to improve accessibility for people with
sensory or cognitive disabilities, as examples. FTA will evaluate if
the applicant described how the proposed station, stations, or
facilities for passenger use were analyzed and selected to improve
accessibility and usability for passengers with disabilities within the
system.
For planning projects:
FTA will evaluate how well the applicant details how the resulting
planning project will advance accessibility for persons with
disabilities, including wheelchair users, and result in a future
capital project that will make a legacy station or facility fully
accessible. FTA will evaluate how well the applicant addresses the
timeline and steps remaining after the project would be completed,
before a construction project could commence to repair, improve,
modify, retrofit, or relocate infrastructure of stations or facilities
for passenger use.
c. Planning and Local or Regional Prioritization
FTA will evaluate how the applicant demonstrates how the proposed
project is consistent with local and regional long-range planning
documents and local government priorities. FTA will evaluate
applications based on the extent to which the project is consistent
with the transit priorities or illustrative projects identified in the
metropolitan long-range plan or the investment prioritization portion
of the transit asset management plan of the recipient pursuant to part
625 of title 49 of the Code of Federal Regulations. Applicants may
submit copies of the relevant pages of such plans to support their
application. FTA will also consider letters of support from local and
regional planning organizations, local government officials, public
agencies, non-profit or private sector organizations, and other
relevant stakeholders.
FTA will evaluate if the applicant provided any information
documenting outreach to, engagement with, and support for the project
among the surrounding local disability community, such as centers for
independent living, as well as other communities likely to be affected
by the project, and explained how feedback received during the outreach
was or was not meaningfully incorporated into project plans.
Applications will be rated higher that demonstrate how the passenger
stations or facilities proposed for investment were selected from a
stakeholder engagement process with local disability community members
and organizations, including individuals with physical disabilities
(including those who use wheelchairs), sensory disabilities, and
intellectual or developmental disabilities. Letters of support may be
submitted with the application that demonstrate that each station
proposed for investment is supported by stakeholders in the surrounding
disability community.
FTA will evaluate if the applicant documented compliance with all
civil rights and other applicable legal requirements, as well as any
information relevant to advancing the goal of environmental justice for
all, such as access for persons with limited English proficiency,
persons with disabilities, and persons experiencing environmental
injustices.
FTA will evaluate if the applicant identified current and future
climate and natural hazard risks to the proposed project, or provided
information in support of or the lack thereof. This includes
consideration of risks over the service life of the project and
identification of approaches to reduce potential disruptions to
passengers from natural hazards. To support this narrative, the
applicant may reference and include applicable excerpts from climate
and/or environmental justice planning documents such as local or
regional climate action plans.
d. Local Financial Commitment
FTA will evaluate if the applicant identified the source of the
non-Federal 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 non-
Federal cost share as evidence of local financial commitment to the
project. FTA will evaluate if the applicant submitted evidence of the
availability of funds for the project, for example, by including a
board resolution, letter of support from the State, a budget document
highlighting the line item or section committing funds to the proposed
project, or other documentation of the source of non-Federal funds. The
applicant should also identify other Federal funds the applicant is
applying for or has been awarded, if any, that the applicant intends to
use.
e. Project Implementation Strategy
FTA will rate projects higher if grant funds can be obligated
within 12 months of selection and the project can be implemented within
a reasonable time frame. In assessing when funds can be obligated, FTA
will consider whether the project qualifies for a Categorical Exclusion
(CE), or whether the required environmental work has been initiated or
completed for a project that requires an Environmental Assessment (EA)
or Environmental Impact Statement (EIS) under the National
Environmental Policy Act of 1969 (NEPA). As such, applicants should
submit information describing the project's anticipated path and
timeline through the environmental review process for all proposals,
including whether the project qualifies for a CE. The proposal must
state when grant funds can be obligated and indicate the timeframe
under which the Metropolitan Transportation Improvement Program (TIP)
and
[[Page 83602]]
Statewide Transportation Improvement Program (STIP) can be amended, if
necessary, to include the proposed project.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals, or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
f. Technical, Legal, and Financial Capacity
FTA will evaluate if the applicant demonstrates that they have the
technical, legal, and financial capacity to undertake the project.
FTA will review relevant oversight assessments and records to
determine whether there are any outstanding legal, technical, or
financial issues with the applicant that would affect the outcome of
the proposed project. Applicants with outstanding legal, technical, or
financial compliance issues from an FTA compliance review or FTA grant-
related Single Audit finding must explain how corrective actions taken
will mitigate negative impacts on the proposed project.
2. Review and Selection Process
A technical evaluation committee will evaluate proposals based on
the published evaluation criteria. FTA may request additional
information from applicants, if necessary. Based on the review of the
technical evaluation committee, the FTA Administrator will determine
the final selection of projects for program funding. In determining the
allocation of program funds, FTA may consider geographic diversity,
diversity in the size of the transit systems receiving funding, and the
applicant's receipt of other competitive awards. FTA may also consider
capping the amount a single applicant may receive.
After applying the above criteria, and in support of Executive
Order 14052, Implementation of the Infrastructure Investment and Jobs
Act, FTA will give priority based on several considerations.
FTA will 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); and 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; and, for facility projects over $35
million in total project cost, whether the project will use a Project
Labor/Community Workforce Agreement and, for facility projects over $35
million, 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).
---------------------------------------------------------------------------
\1\ Supportive services are critical to help women and people
facing systemic barriers to employment be able to participate and
thrive in training and employment. Supportive services include
childcare, tools, work clothing, application fees and other costs of
apprenticeship or required pre-employment training, transportation
and travel to training and work sites, and services aimed at helping
to retain underrepresented groups such as mentoring, support groups,
and peer networking.
---------------------------------------------------------------------------
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
the Interim Guidance for the Justice40 Initiative, Historically
Disadvantaged Communities include (a) certain qualifying census tracts
identified as disadvantaged due to categories of environmental,
climate, and socioeconomic burdens, as identified by the Climate and
Economic Justice Screening Tool, and (b) any Federally Recognized
Tribes or Tribal entities, whether or not they have land.\2\ Applicants
should use Climate & Economic Justice Screening Tool (CEJST), a new
tool by the White House Council on Environmental Quality (CEQ), that
aims to help Federal agencies identify disadvantaged communities as
part of the Justice40 initiative to accomplish the goal that 40% of
overall benefits from certain federal investments reach disadvantaged
communities. See <a href="https://screeningtool.geoplatform.gov/">https://screeningtool.geoplatform.gov/</a>. Applicants
should use CEJST as the primary tool to identify disadvantaged
communities (Justice40 communities). Applicants are strongly encouraged
to supplement their use of the CEJST by employing the USDOT Equitable
Transportation Community (ETC) Explorer to understand how their
community or project area is experiencing disadvantage related to lack
of transportation investments or opportunities. Through understanding
how a community or project area is experiencing transportation-related
disadvantage, applicants are able to address how the benefits of a
project will reverse or mitigate the burdens of disadvantage and
demonstrate how the project will address challenges and accrued
benefits. <a href="https://www.transportation.gov/priorities/equity/justice40/etc-explorer">https://www.transportation.gov/priorities/equity/justice40/etc-explorer</a>. Additionally, in support of the Justice40 Initiative, the
applicant also should provide evidence of any 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 either mapping
tool, please contact <a href="/cdn-cgi/l/email-protection#89cec4c6c9ede6fda7eee6ff"><span class="__cf_email__" data-cfemail="1453595b54707b603a737b62">[email protected]</span></a>. \3\
---------------------------------------------------------------------------
\2\ <a href="https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf</a>.
\3\ See also <a href="https://static-data-screeningtool.geoplatform.gov/data-versions/1.0/data/score/downloadable/CEQ-CEJST-Instructions.pdf">https://static-data-screeningtool.geoplatform.gov/data-versions/1.0/data/score/downloadable/CEQ-CEJST-Instructions.pdf</a>.
---------------------------------------------------------------------------
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. 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
FTA will announce the final project selections on the FTA website.
Selectees should contact their FTA Regional Offices for additional
information regarding allocations for projects. At the time the project
selections are announced, FTA expects to extend pre-award authority for
the selected projects
[[Page 83603]]
(see section D.5 of this notice for more information). There is no pre-
award authority for these projects before announcement.
2. Administrative and National Policy Requirements
a. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of funding in urban areas
are subject to the grant requirements of the Urbanized Area Formula
Grants program (49 U.S.C. 5307), including those of FTA Circular
``Urbanized Area Formula Program: Program Guidance and Application
Instructions'' (FTA.C.9030.1E). Recipients of funding in rural areas
are subject to the grant requirements of the Formula Grants for Rural
Areas Program (49 U.S.C. 5311), including those of FTA Circular
``Formula Grants for Rural Areas: Program Guidance and Application
Instructions'' (FTA.C.9040.1G). All recipients must accept the FTA
Master Agreement and follow FTA Circular ``Award Management
Requirements'' (FTA.C.5010.1E) and the labor protections required by
Federal public transportation law (49 U.S.C. 5333(b)). Technical
assistance regarding these requirements is available from the relevant
FTA regional office.
By submitting a grant application, the applicant assures that it
will comply with all applicable Federal statutes, regulations,
Executive Orders, directives, FTA circulars and other Federal
administrative requirements in carrying out any project supported by
the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR
part 5, ``Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction''). Further, the applicant
acknowledges that it is under a continuing obligation to comply with
the terms and conditions of the grant agreement issued for its project
with FTA. The applicant understands that Federal laws, regulations,
policies, and administrative practices might be modified from time to
time and may affect the implementation of the project. The applicant
agrees that the most recent Federal requirements will apply to the
project unless FTA issues a written determination otherwise. The
applicant must submit the Certifications and Assurances before
receiving a grant if it does not have current certifications on file.
As authorized by section 25019 of the BIL, applicants are
encouraged to implement a local or other geographical or economic
hiring preference relating to the use of labor for construction of a
project funded by the grant, including pre-hire agreements, subject to
any applicable State and local laws, policies, and procedures.
b. Made in America
A project funded under this NOFO must comply with FTA's Buy America
(49 U.S.C. 5323(j)) and the Build America, Buy America Act's domestic
preference requirements for infrastructure projects (sections70901-
70927 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58),
which together require that all iron, steel, manufactured goods, and
construction materials used in the project be produced in the United
States and set minimum domestic content and final assembly requirements
for rolling stock.
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.
c. Civil Rights Requirements
Applications 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, the Americans with
Disabilities Act (ADA), section 504 of the Rehabilitation Act, and
accompanying regulations. This should include a current title VI
program plan and a completed Community Participation Plan
(alternatively called a Public Participation Plan and often part of the
overall title VI program plan), if applicable. Applicants who have not
sufficiently demonstrated the conditions of compliance with civil
rights requirements will be required to do so before receiving funds.
Recipients of Federal transportation funding will be required to
comply fully with the DOT's regulations and guidance for the ADA and
all relevant civil rights requirements. The Department's and FTA's
Office of Civil Rights will work with awarded grant recipients to
ensure full compliance with Federal civil rights requirements.
d. Disadvantaged Business Enterprise
Recipients of planning or capital assistance that will award prime
contracts, the cumulative total of which exceeds $250,000 in FTA funds
in a Federal fiscal year, must comply with the Disadvantaged Business
Enterprise (DBE) program regulations (49 CFR part 26).
e. Federal Contract Compliance
As a condition of grant award all applicants must comply with E.O.
11246, Equal Employment Opportunity (30 FR 12319, and as amended).
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>.
As authorized by section 25019 of the BIL, applicants are
encouraged to implement a local or other geographical or economic
hiring preference relating to the use of labor for construction of a
project funded by the grant, including pre-hire agreements, subject to
any applicable State and local laws, policies, and procedures.
f. Critical Infrastructure Security and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. TSA issued Security Directive 1582-21-01B, ``Enhancing
Public Transportation and Passenger Railroad Cybersecurity'' on October
24, 2023. The Security Directive, which extends previous Security
Directives, applies to all public
[[Page 83604]]
passenger rail owners and operators identified in 49 CFR 1582.101,
requires four critical actions:
1. Designate a cybersecurity coordinator who is required to be
available to TSA and the DHS's CISA at all times (all hours/all days)
to coordinate implementation of cybersecurity practices, and manage of
security incidents, and serve as a principal point of contact with TSA
and CISA for cybersecurity-related matters;
2. Report cybersecurity incidents to CISA;
3. Develop a Cybersecurity Incident Response Plan to reduce the
risk of operational disruption should their Information and/or
operational technology systems be affected by a cybersecurity incident;
and
4. Conduct a cybersecurity vulnerability assessment using the form
provided by TSA and submit the form to TSA. The vulnerability
assessment will include an assessment of current practices and
activities to address cyber risks to information and operational
technology systems, identify gaps in current cybersecurity measures,
and identify remediation measures and a plan for the owner/operator to
implement the remediation measures to address any vulnerabilities and
gaps.
TSA issued IC-2021-01, ``Enhancing Surface Transportation
Cybersecurity'', dated December 31, 2021, which applies to each
passenger railroad, public transportation agency, or rail transit
system owner/operator identified in 49 CFR 1582.1. This circular
provides the same four recommendations for enhancing cybersecurity
practices listed above. While this document is guidance and does not
impose any mandatory requirements, TSA strongly recommends the adoption
of the measures set forth in the circular.
On February 10, 2023, FTA published a Cybersecurity Assessment Tool
for Transit (CATT). This tool was developed with the goal to onboard
public transit organizations develop and strengthen their cybersecurity
program to identify risks and prioritize activities to mitigate these
risks.
g. Planning
FTA encourages applicants to notify the appropriate State
departments of transportation and Metropolitan Planning Organizations
(MPOs) in areas likely to be served by the project funds made available
under this program. Selected projects must be incorporated into the
long-range plans and transportation improvement programs of States and
metropolitan areas before they are eligible for FTA funding.
h. Performance and Program Evaluation
As a condition of grant award, grant recipients may be required to
participate in an evaluation undertaken by DOT or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant
recipients, or a benefit/cost analysis or assessment of return on
investment. As a part of the evaluation, as a condition of award, grant
recipients must agree to: (1) make records available to the evaluation
contractor or DOT staff; (2) provide access to program records, and any
other relevant documents to calculate costs and benefits; (3) in the
case of an impact analysis, facilitate the access to relevant
information as requested; and (4) follow evaluation procedures as
specified by the evaluation contractor or DOT staff.
Recipients and subrecipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure their progress towards meeting an agency priority
goal(s). title I of the Foundations for Evidence-Based Policymaking Act
of 2018 (Evidence Act), Public Law 115-435 (2019) urges Federal
awarding agencies and Federal assistance recipients and subrecipients
to use program evaluation as a critical tool to learn, to improve
equitable delivery, and to elevate program service and delivery across
the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' 5 U.S.C. 311. Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (OMB Circular A-11, part 6
section 290).
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system. Recipients of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database. Recipients should include any goals,
targets, and indicators referenced in their applications in the
Executive Summary of the TrAMS application.
FTA is committed to making evidence-based decisions guided by the
best available science and data. In accordance with the Foundations for
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use
information submitted in discretionary funding applications;
information in FTA's Transit Award Management System (TrAMS), including
grant applications, Milestone Progress Reports (MPRs), Federal
Financial Reports (FFRs); transit service, ridership and operational
data submitted in FTA's National Transit Database; documentation and
results of FTA oversight reviews, including triennial and state
management reviews; and other publicly available sources of data to
build evidence to support policy, budget, operational, regulatory, and
management processes and decisions affecting FTA's grant programs.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact
Kevin Osborn, ASAP Program Manager, via email at <a href="/cdn-cgi/l/email-protection#eca7899a8582c2a39f8e839e82ac888398c28b839a"><span class="__cf_email__" data-cfemail="e6ad83908f88c8a99584899488a6828992c8818990">[email protected]</span></a>,
or by phone at 202-366-7519. 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 ASAP
homepage at: <a href="https://www.transit.dot.gov/grants/all-stations-accessibility-program">https://www.transit.dot.gov/grants/all-stations-accessibility-program</a>. To ensure applicants receive accurate
information about eligibility or the program, applicants are encouraged
to contact FTA with questions directly, rather than through
intermediaries or third parties. 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>.
For technical 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#493a3c3939263b3d09752869213b2c2f74" http: grants.gov">grants.gov</a>">support@<a href="http://grants.gov">grants.gov</a></a>.
[[Page 83605]]
H. Other Information
User-friendly information and resources regarding DOT's
discretionary grant programs relevant to rural applicants can be found
on the Rural Opportunities to Use Transportation for Economic Success
(ROUTES) website at <a href="https://www.transportation.gov/rural">https://www.transportation.gov/rural</a>.
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
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 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. 2023-26346 Filed 11-29-23; 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 November 30, 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.