Notice2024-07845
FY 2024 Competitive Funding Opportunity: Passenger Ferry Grant Program, Electric or Low-Emitting Ferry Pilot Program, and Ferry Service for Rural Communities Program
Primary source
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Published
April 17, 2024
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for $316 million in competitive grants under the Fiscal Year (FY) 2024 Passenger Ferry Grant Program (Passenger Ferry Program), Electric or Low-Emitting Ferry Pilot Program (Low-No Ferry Program), and Ferry Service for Rural Communities Program (Rural Ferry Program). Of the amount being made available, $51 million is for the Passenger Ferry Program, $49 million for the Low-No Ferry Program, and $216 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 89 Issue 75 (Wednesday, April 17, 2024)</title>
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[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27486-27497]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07845]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2024 Competitive Funding Opportunity: Passenger Ferry Grant
Program, Electric or Low-Emitting Ferry Pilot Program, and Ferry
Service for Rural Communities Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $316 million in competitive grants under the
Fiscal Year (FY) 2024 Passenger Ferry Grant Program (Passenger Ferry
Program), Electric or Low-Emitting Ferry Pilot Program (Low-No Ferry
Program), and Ferry Service for Rural Communities Program (Rural Ferry
Program). Of the amount being made available, $51 million is for the
Passenger Ferry Program, $49 million for the Low-No Ferry Program, and
$216 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 June 17, 2024.
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.
ADDRESSES: 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 for the Passenger Ferry Program
is FTA-2024-007-TPM-PassFerry, the funding opportunity ID for the Low-
No Ferry Program is FTA-2024-008-TPM-FERRYPILOT, and the funding
opportunity ID for the Rural Ferry Program is FTA-2024-009-TPM-
RuralFerry. Mail and fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#f7b1a3b6b19285858ea785989085969a84b7939883d9909881"><span class="__cf_email__" data-cfemail="cc8a988d8aa9bebeb59cbea3abbeada1bf8ca8a3b8e2aba3ba">[email protected]</span></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:
Summary Overview of Key Information--Passenger Ferry Grant Program
(Passenger Ferry Program), Electric or Low-Emitting Ferry Pilot Program
(Low-No Ferry Program), and Ferry Service for Rural Communities Program
(Rural Ferry Program)
------------------------------------------------------------------------
------------------------------------------------------------------------
Issuing Agency.................... Federal Transit Administration, U.S.
Department of Transportation.
Program Overview.................. The Passenger Ferry Program provides
funding to 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.
The Low-No Ferry Program provides
funding for projects that support
the purchase of electric or low-
emitting ferries and the
electrification of or other
reduction of emissions from
existing ferries.
The Rural Ferry Program provides
funding for capital, operating, and
planning expenses for ferry service
to rural areas.
Eligible Applicants............... Passenger Ferry Program: designated
and direct recipients of section
5307 funding and public entities
engaged in providing public
transportation passenger ferry
service in urban areas that are
eligible to be direct recipients.
Low-No Ferry Program: any eligible
recipient of section 5307 or
section 5311 funding.
Rural Ferry Program: States and U.S.
territories in which eligible
service is operated.
Eligible Project Types............ Passenger Ferry Program: Capital
projects for the purchase,
construction, replacement, or
rehabilitation of ferries,
terminals, related infrastructure
and related equipment (including
electric or low-emitting ferry
vessels and related
infrastructure).
Low-No Ferry Program: Capital
projects for the purchase of
electric or low-emitting ferry
vessels and related infrastructure.
Rural Ferry Program: Capital,
operating or planning projects for
rural ferry service.
Funding........................... Passenger Ferry Program: $51
million.
Low-No Ferry Program: $49 million.
Rural Ferry Program: $216 million.
Total: $316 million.
Deadline.......................... Applications due by 11:59 p.m.
eastern time June 17, 2024.
[[Page 27487]]
Cost share........................ The maximum Federal share for
capital projects selected under
each program generally is 80
percent of the net project cost,
with the exceptions described in
the NOFO.
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; however, a
maintenance of effort requirement
is described in the NOFO.
------------------------------------------------------------------------
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This is a joint Notice of Funding Opportunity (NOFO) and announces
the availability of FY 2024 funding for the Passenger Ferry Grant
Program (Passenger Ferry Program), Electric or Low-Emitting Ferry Pilot
Program (Low-No Ferry Program), and Ferry Service for Rural Communities
Program (Rural Ferry Program). All programs can be found under 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 71102 of the Infrastructure Investment and Jobs Act (also
called the ``Bipartisan Infrastructure Law'' or ``BIL'') (Pub. L. 117-
58) authorizes FTA to award grants for electric or low-emitting ferries
through a competitive process, as described in this notice. The Low-No
Ferry Program is available to any eligible designated or direct
recipient of FTA's Urbanized Area Formula Program or Formula Grants for
Rural Areas funding, including States (including territories and
Washington, DC), local governmental authorities, and tribal
governments. Grants will be awarded under this program for the purchase
of electric or low-emitting ferries, the electrification of or other
reduction of emissions from existing ferries, and related charging or
other fueling infrastructure (for which the applicants will maintain
satisfactory continuing control) to reduce emissions or produce zero
onboard emissions under normal operation.
Section 71103 of the BIL 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. Applicants to this program are required to have
operated ferry public transportation service on a regular schedule at
any time during the five-year period from March 1, 2015, to March 1,
2020, and operated at least one route segment of more than 50 sailing
(nautical) miles between two rural areas.
The Department seeks to fund projects that advance the Departmental
priorities of safety, equity, climate and sustainability, workforce
development, job quality, and wealth creation as described in the USDOT
Strategic Plan, Research, Development and Technology Strategic Plan,
and in executive orders.\1\
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\1\ Executive Order 14008, Tackling the Climate Crisis at Home
and Abroad (86 FR 7619). Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009). 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).
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B. Federal Award Information
Federal public transportation law (49 U.S.C. 5307(h)) authorizes
$30 million in FY 2024 contract authority for competitive grants under
the Passenger Ferry Program. FTA may award additional funding made
available to the program prior to the announcement of project
selections. The Consolidated Appropriations Act, 2024 (Pub. L. 118-42)
made an additional $20 million available, of which at least $5 million
must be for low or zero emission ferries and related infrastructure.
The Further Consolidated Appropriations Act, 2024 (Pub. L. 118-47) made
an additional $1 million available. In FY 2023, FTA received 22
eligible applications from nine States requesting $208 million in
Federal Passenger Ferry Program funds. Seven projects were funded at a
total of $50.1 million.
Division J of the BIL provides an advance appropriation of $50
million in FY 2024 funds for competitive grants under the Low-No Ferry
Program. Of that amount, $995,000 is for FTA oversight, $5,000 is
transferred to the DOT Office of Inspector General (OIG), and $49
million is available for award. There was no NOFO for the Low-No Ferry
Program in FY 2023 as all FY 2023 funds were allocated in response to
the FY 2022 NOFO.
Division J of the BIL provides an advance appropriation of $200
million in FY 2024 funds for the Rural Ferry Program. Of that amount,
$3,980,000 is for FTA oversight, and $20,000 is transferred to the DOT
Office of Inspector General, leaving $196 million available for award.
The Consolidated Appropriations Act, 2024 made an additional $20
million available for eligible entities that operate ferry service with
a single segment of over 15 miles between two rural areas and meet all
other program requirements. In FY 2023, FTA received six eligible
applications from four States and the territory of American Samoa
requesting $210 million in Federal Rural Ferry Program funds. All six
projects were funded at a total of $170 million.
FTA will grant pre-award authority to incur eligible costs for
selected projects beginning on the date the FY 2024 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 or FY 2023 NOFOs will be granted pre-award
authority from the time of the previous project selection announcement,
otherwise funds are available only for projects that have not already
incurred costs prior to the announcement of project selections. Funds
are available for obligation for five years after the fiscal year in
which the project selections are announced.
[[Page 27488]]
C. Eligibility Information
1. Eligible Applicants
------------------------------------------------------------------------
Program Eligible applicants
------------------------------------------------------------------------
Passenger Ferry Program........... <bullet> Designated Recipients of
Section 5307 Funding.
<bullet> Direct Recipients of
Section 5307 Funding.
<bullet> Public Entities engaged in
providing public transportation
passenger ferry service in urban
areas that are eligible to be a
Direct Recipient.
Low-No Ferry Program.............. <bullet> Designated Recipients of
Section 5307 Funding.
<bullet> Direct Recipients of
Section 5307 Funding.
<bullet> Public Entities engaged in
providing public transportation
passenger ferry service in urban
areas that are eligible to be a
Direct Recipient.
<bullet> States and territories.
<bullet> Tribal governments.
Rural Ferry Program............... <bullet> 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 Low-No Ferry Program are any eligible
recipient of section 5307 or section 5311 funding. Eligible section
5307 recipients are the same as for the Passenger Ferry Program: (1)
designated recipients as defined in FTA Circular ``Urbanized Area
Formula Program: Program Guidance and Application Instructions''
(FTA.C.9030.1E) and (2) direct recipients of FTA's Urbanized Area
Formula Grants, as well as public entities engaged in providing public
transportation passenger ferry service in urban areas that are eligible
to be direct recipients. Eligible section 5311 recipients are States or
territories or tribal governments. In addition, as required by statute,
before the conclusion of the grant competition that utilizes FY 2026
funds, FTA must select: (1) at least one project from a ferry service
that serves the State with the largest number of Marine Highway System
miles, and (2) at least one project for a bi-State ferry service with
an aging fleet and whose development of zero- and low-emission power
source ferries will propose to advance the state of the technology
toward increasing the range and capacity of zero-emission power source
ferries. If an applicant's ferry service operates in the State with the
largest number of Marine Highway System miles or is a bi-State ferry
service (a ferry service that serves two states) with an aging fleet
and whose development of zero- and low-emission power source ferries
will propose to advance the state of the technology toward increasing
the range and capacity of zero-emission power source ferries, the
applicant must identify themselves as such and submit documentation
demonstrating those operating characteristics.
Eligible applicants for the Rural Ferry Program are States and
territories in which eligible service is operated. For the $196 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. Applicants must not have
attributed data to an urbanized area in their most recent report to the
National Transit Database for their ferry services. Eligible applicants
for the $20 million in Rural Ferry Funds made available under the
Consolidated Appropriations Act, 2024 are the same as above but must
operate at least one segment between two rural areas of more than 15
miles. 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 that
meet the distance requirements described above, 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 2024; however,
similar to FY 2023, 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
[[Page 27489]]
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:
a. Cash from non-governmental sources other than revenues from
providing the ferry services (such as fare revenues, vehicle, or cargo
charges, etc.);
b. Non-farebox revenues from the operation of public transportation
service, such as the sale of advertising and concession revenues;
c. Monies received under a service agreement with a State or local
social service agency or private social service organization;
d. Undistributed cash surpluses, replacement or depreciation cash
funds, reserves available in cash, or new capital;
e. Amounts appropriated or otherwise made available to a department
or agency of the Government (other than the USDOT), that are eligible
to be used to satisfy non-Federal matching requirements and expended
for public transportation;
f. In-kind contributions integral to the project;
g. Revenue bond proceeds for a capital project, with prior FTA
approval; and
h. 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
------------------------------------------------------------------------
Program Eligible projects
------------------------------------------------------------------------
Passenger Ferry Program........... <bullet> 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).
Low-No Ferry Program.............. <bullet> Capital Projects--purchase
of electric or low-emitting ferry
vessels and related infrastructure.
Rural Ferry Program............... <bullet> 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).
<bullet> Planning Projects--for
rural ferry service only.
<bullet> Operating Projects--for
rural ferry service only.
------------------------------------------------------------------------
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, are 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. Low-No Ferry Program--Eligible Projects
Under the Low-No Ferry Program, eligible projects are capital
projects for the purchase of electric or low-emitting ferry vessels
that reduce emissions by using alternative fuels or on-board energy
storage systems and related charging infrastructure or other fueling
infrastructure to reduce emissions or produce zero onboard emissions
under normal operation. Ferry systems that accommodate cars must also
accommodate walk-on passengers to be eligible for funding. Operating
costs and planning projects are not eligible.
Alternative fuel means:
(A) methanol, denatured ethanol, and other alcohols;
(B) a mixture containing at least 85 percent of methanol, denatured
ethanol, and other alcohols by volume with gasoline or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) fuels (except alcohol) derived from biological materials; and
(G) electricity (including electricity from solar energy).
3C. Rural Ferry Program--Eligible Projects
Under the Rural Ferry Program, eligible projects are capital,
operating, or planning assistance. However, systems that are only
eligible for funding under the $20 million provided by the Consolidated
Appropriations Act, 2024 may not apply for a planning or operating
project limited to funding a segment between two rural areas less than
15 miles apart. They may apply for planning or operating assistance if
the project includes at least one segment longer than 15 miles apart.
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 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
[[Page 27490]]
<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 50 sailing (nautical) miles).
Ferry systems that accommodate cars must also accommodate walk-on
passengers to be eligible for funding.
For all programs above, 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 2024 Passenger
Ferry Program, Low-No Ferry Program, and Rural Ferry Program
supplemental form. An application eligible under the Low-No Ferry
Program may also be eligible under either the Passenger Ferry Program
or Rural Ferry Program. If an applicant is applying to multiple
programs, they must submit the application materials through the
GRANTS.GOV opportunity ID's listed for each program. 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, including Federal amount requested, local match (non-Federal),
other Federal funds, and other 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 (September 30, 2019); 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
[[Page 27491]]
SAM requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. These requirements do not apply if the applicant has an
exception approved by FTA or the U.S. Office of Management and Budget
under 2 CFR 25.110(c) or (d).
All applicants must provide a unique entity identifier provided by
SAM. Registration in SAM may take as little as 3-5 business days, but
since there could be unexpected steps or delays (for example, if there
is a need to obtain an Employer Identification Number), FTA recommends
allowing ample time, up to several weeks, for completion of all steps.
For additional information on obtaining a unique entity identifier,
please visit <a href="https://www.sam.gov">https://www.sam.gov</a>.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. eastern time on June 17, 2024. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
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 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 and Low-No
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 as described above.
Except for a continuation of projects funded under the FY 2022 or
FY 2023 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 (<a href="https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e">https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e</a>).
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,
Low-No 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 or electric and low-emitting 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.
[[Page 27492]]
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
meet the state of good repair performance targets in the Transit Asset
Management (TAM) Plan.
<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.
iv. 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.
v. 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) improve the state of
good repair and/or safety of the overall ferry system, (2) sustain or
provide additional transportation options that foster community
development and access to economic opportunities, and/or (3) sustain or
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 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
[[Page 27493]]
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 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 and climate change impacts. For facility projects, FTA will
give priority consideration to applications that include elements to
strengthen the resilience of the community and/or the transit system
with regard to climate change.
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 \2\ to help train, place, and retain
underrepresented communities in jobs and registered apprenticeships on
the project.
---------------------------------------------------------------------------
\2\ 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 may include
dependent care, 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.
---------------------------------------------------------------------------
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 goals of the Justice40 Initiative, <a href="https://www.transportation.gov/equity-Justice40">https://www.transportation.gov/equity-Justice40</a>. In support of Executive Order 14008, applicants are
encouraged to use the White House definition of ``Historically
Disadvantaged Communities'' as part of USDOT's implementation of the
Justice40 Initiative. Consistent with the Interim Implementation
Guidance and its Addendum for the Justice40 Initiative, Historically
Disadvantaged Communities include (a) certain qualifying census tracts
identified as disadvantaged by the Climate and Economic Justice
Screening Tool (CEJST): <a href="https://screeningtool.geoplatform.gov/">https://screeningtool.geoplatform.gov/</a> due to
categories of environmental, climate, and socioeconomic burdens, and
(b) any Federally Recognized Tribes or tribal entities, whether or not
they have land. CEJST is a tool created 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 percent 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 the CEJST as the
primary tool to identify disadvantaged communities (also referred to as
Justice40 communities).
Applicants are strongly encouraged to also use 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
[[Page 27494]]
opportunities and are encouraged to use this information in their
application to demonstrate how their project will reduce, reverse, or
mitigate the burdens of disadvantage. <a href="https://www.transportation.gov/priorities/equity/justice40/etc-explorer">https://www.transportation.gov/priorities/equity/justice40/etc-explorer</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 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
a. 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
2023 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 and FY 2023 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 most recent Apportionment Notice.
b. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). All Passenger Ferry Program recipients
and urbanized area Low-No Ferry Program recipients are subject to the
grant requirements of the Urbanized Area Formula Grant program (49
U.S.C. 5307). All rural area Low-No Ferry and Rural Ferry Program
recipients are subject to the grant requirements of the Rural Area
Formula Grant Program (49 U.S.C. 5311). Awardees are also subject to
the following 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.
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.
c. 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). 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.
[[Page 27495]]
d. 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) (49 CFR parts 37, 38, and 39), 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.
e. Disadvantaged Business Enterprise
Recipients of planning, capital, or operating assistance that will
award prime contracts (excluding transit vehicle purchases), the
cumulative total of which exceeds $250,000 in FTA funds in a Federal
fiscal year, must comply with the Disadvantaged Business Enterprise
(DBE) program regulations (49 CFR part 26). 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#e8a58786818b89c6a58bab8984849d85a88c879cc68f879e"><span class="__cf_email__" data-cfemail="327f5d5c5b51531c7f5171535e5e475f72565d461c555d44">[email protected]</span></a>.
f. 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 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>. 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.
g. Critical Infrastructure Security, Cybersecurity, and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and the
National Security Memorandum on Improving Cybersecurity for Critical
Infrastructure Control Systems. Each applicant selected for Federal
funding must demonstrate, prior to the signing of the grant agreement,
effort to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department and the Department
of Homeland Security, will be required to do so before receiving funds.
FTA implements this requirement as follows:
Pursuant to 49 U.S.C. 5323(v), a recipient that operates a rail
fixed guideway public transportation system must certify that the
recipient has established a process to develop, maintain, and execute a
written plan for identifying and reducing cybersecurity risks.
Recipients subject to this requirement must:
1. Utilize the approach described by the voluntary standards and
best practices developed under section 2(c)(15) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as
applicable;
2. Identify hardware and software that the recipient determines
should undergo third-party testing and analysis to mitigate
cybersecurity risks, such as hardware or software for rail rolling
stock under proposed procurements; and
3. Utilize the approach described in any voluntary standards and
best practices for rail fixed guideway public transportation systems
developed under the authority of the Secretary of Homeland Security, as
applicable.
For information about standards or practices that may apply to a
rail fixed guideway public transportation system, visit <a href="https://www.nist.gov/cyberframework">https://www.nist.gov/cyberframework</a> and <a href="https://www.cisa.gov/">https://www.cisa.gov/</a>.
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 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
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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.
Applicants subject to the Directive must certify compliance with
the directive to receive the grant award.
In addition, 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.
Finally, on February 10, 2023, FTA published a Cybersecurity
Assessment Tool for Transit (CATT) (<a href="https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt">https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt</a>). This
tool was developed with the goal to onboard public transit
organizations to develop and strengthen their cybersecurity program to
identify risks and prioritize activities to mitigate these risks.
h. 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.
i. 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.
j. 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, 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).
k. Project Signage and Public Acknowledgements
Recipients are encouraged for construction and non-construction
projects to post project signage and to include public acknowledgments
in published and other collateral materials (e.g., press releases,
marketing materials, website, etc.) satisfactory in form and substance
to DOT, that identifies the nature of the project and indicates that
``the project is funded by the Bipartisan Infrastructure Law.'' In
addition, recipients employing project signage are required to use the
official Investing in America emblem in accordance with the Official
Investing in America Emblem Style Guide. Costs associated with signage
and public acknowledgments must be reasonable and limited. Signs or
public acknowledgments should not be produced, displayed, or published
if doing so results in unreasonable cost, expense, or recipient burden.
The Recipient is encouraged to use recycled or recovered materials when
procuring signs.
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, 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
[[Page 27497]]
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
<a href="/cdn-cgi/l/email-protection#f4b2a0b5b29186868da4869b9386959987b4909b80da939b82"><span class="__cf_email__" data-cfemail="f8beacb9be9d8a8a81a88a979f8a99958bb89c978cd69f978e">[email protected]</span></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#a2d1d7d2d2cdd0d6e2c5d0c3ccd6d18cc5cdd4"><span class="__cf_email__" data-cfemail="72010702021d0006321500131c06015c151d04">[email protected]</span></a>. Contact information
for FTA's regional offices can be found on FTA's website at <a href="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>.
H. Other Information
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.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in section C.
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If an applicant submits information
the applicant considers to be a trade secret or confidential commercial
or financial information, the applicant must provide that information
in a separate document, which the applicant may reference from the
application narrative or other portions of the application. For the
separate document containing confidential information, the applicant
must do the following: (1) state on the cover of that document that it
``Contains Confidential Business Information (CBI);'' (2) mark each
page that contains confidential information with ``CBI;'' and (3)
highlight or otherwise denote the confidential content on each page. If
FTA receives a Freedom of Information Act (FOIA) request for
information marked as confidential business, commercial or financial
information, FTA will provide notice according to DOT's FOIA regulation
at 49 CFR 7.29. Only information that is segregated and marked in
accordance with this section will be considered for said exemption
under FOIA.
Veronica Vanterpool,
Acting Administrator.
[FR Doc. 2024-07845 Filed 4-16-24; 8:45 am]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on April 17, 2024.
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.