Section 5307 Urbanized Area Formula Grants; Passenger Ferry Grant Program, 46093-46097 [2015-18917]

Download as PDF Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices DEPARTMENT OF TRANSPORTATION Federal Transit Administration Section 5307 Urbanized Area Formula Grants; Passenger Ferry Grant Program Federal Transit Administration (FTA), DOT. ACTION: Notice of Funding Availability (NOFA): Solicitation of Project Proposals for the Passenger Ferry Grant Program. AGENCY: The Federal Transit Administration (FTA) announces the availability of Section 5307 Urbanized Area Formula Grant program funds in support of the Discretionary Passenger Ferry Grant program. This grant opportunity will be funded using approximately $20 million in FY 2015 Urbanized Area Formula Grants program funds authorized by the Moving Ahead for Progress in the 21st Century Act (MAP–21), Public Law 112–141, July 6, 2012. Although MAP– 21 authorized the program at $30 million, the current extension only authorized funds through May 31, 2015, which is approximately $20 million. This notice solicits proposals to compete for Fiscal Year (FY) 2015 funding that is currently available under the Ferry program and may include additional funds made available, subsequent to publication of this notice. The Passenger Ferry Grant program (Ferry program), authorized by 49 U.S.C. 5307 (h), is a competitive program for which FTA established criteria for rating and ranking applications. Given the limited resources available for this program, FTA is limiting this discretionary opportunity to capital projects. These funds constitute a core investment in the enhancement and revitalization of public ferry systems in the Nation’s urbanized areas. This notice also includes priorities established by FTA for these discretionary funds, criteria FTA will use to identify meritorious projects for funding, and the process to apply for funding. This announcement is available on the FTA Web site at: https:// www.fta.dot.gov. The FTA may announce final selections on the Web site and in the Federal Register. Additionally, a synopsis of this funding opportunity will be posted in the FIND module of the government-wide electronic grants (GRANTS.GOV) Web site at https://www.grants.gov. DATES: Complete proposals for Ferry program projects must be submitted by 11:59 p.m. EDT on October 2, 2015. All proposals must be submitted mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 electronically through the GRANTS.GOV APPLY function. Any agency intending to apply should initiate the process of registering on the GRANTS.GOV site immediately to ensure completion of registration before the submission deadline. Instructions for applying can be found on FTA’s Web site at https://www.fta.dot.gov/grants/ 15926.html and in the ‘‘FIND’’ module of GRANTS.GOV. FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional Office found at https://www.fta.dot.gov for proposal-specific information and issues. For program-specific questions, please contact Vanessa Williams, Office of Program Management, (202) 366– 4818, email: Vanessa.williams@dot.gov. A TDD is available at 1–800–877–8339 (TDD/FIRS). SUPPLEMENTARY INFORMATION: Table of Contents A. FTA Ferry Program Authority B. Program Description and Purpose C. Program Information 1. Eligible Proposers 2. Eligible Projects 3. Cost Sharing and Matching 4. Eligible Sources of Match D. Proposal Submission Process E. Proposal Content F. Evaluation Criteria G. Review and Selection Process H. Award Information I. Award Administration J. Technical Assistance and Other Program Information Appendix A: Frequently Asked Questions A. FTA Ferry Program Authority Section 5307(h) of Title 49, United States Code, as amended by MAP–21, authorizes FTA’s Passenger Ferry Grant program. The program authorizes FTA to solicit grant applications and make grants for eligible projects on a competitive basis subject to the Section 5307 terms and conditions, unless noted otherwise in the competitive solicitation. Successful applicants will enter into grant agreements with the FTA for the funding to be provided to their projects under this program. B. Program Description and Purpose Improving and maintaining the Nation’s public ferry systems is a key strategic goal of the U.S. Department of Transportation (DOT) and FTA. The Ferry program is intended to contribute to the improvement of the condition of the public ferry systems by providing financial assistance for capital projects. As part of the program and as evidenced in the criteria established for the program, priority consideration will be given to eligible projects that help to expand ladders of opportunity and PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 46093 improve safety. Examples include but are not limited to enhancing access to work, educational, and other training opportunities, and supporting partnerships that expand access to other governmental, health, medical, education, social, human service, and transportation providers to improve coordinated delivery of services. Safety enhancements include projects that increase the safety of the system including but not limited to lifesaving devices, security cameras, and first aid kits. C. Program Information 1. Eligible Proposers Eligible proposers and eventual grant applicants under this initiative must be designated recipients or eligible direct recipients of Section 5307 funds which include public entities engaged in providing a public transportation passenger ferry service. If the recipient is eligible to receive 5307 funds, but does not currently have an active grant with FTA, upon selection, the recipient will be required to work with the FTA regional office to establish its organization as an active grantee. This process may require additional documentation to support technical, financial, and legal capacity. Ferry systems that accommodate cars must also accommodate walk-on passengers in order to be eligible for funding. 2. Eligible Projects Under this competitive program, eligible projects are capital projects including ferries, terminals, and related infrastructure. A service area can include some portions of rural areas, as long as the Ferry service begins in and services urban areas. Capital projects include, but are not limited to, the purchase, replacement, or rehabilitation of ferries and terminals and related equipment. Funds made available under this Notice of Funding Availability (NOFA) may not be used to fund operating expenses, planning, or preventive maintenance. The FTA’s Section 5307 formula funds may be used for those activities. 3. Cost Sharing and Matching Costs will be shared at the following ratio: There is an 80 percent Federal share for projects selected under the Ferry Program, unless noted below by one of the exceptions. i. The Federal share is 85 percent for net project costs for acquiring vehicles (including clean-fuel or alternative fuel) that are compliant with the Clean Air Act (CAA) or compliant with the E:\FR\FM\03AUN1.SGM 03AUN1 46094 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices Americans with Disabilities Act (ADA) of 1990. ii. The Federal share is 90 percent for net project costs for vehicle-related equipment or facilities (including cleanfuel or alternative-fuel vehicle-related equipment or facilities) required by the Americans with Disabilities Act (ADA) of 1990, or for purposes of complying with or maintaining compliance with the Clean Air Act. The FTA considers vehicle-related equipment to be equipment on or attached to the vehicle. The award recipient may itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with ADA or CAA. mstockstill on DSK4VPTVN1PROD with NOTICES 4. Eligible Sources of Match After the appropriate Federal share is established, the applicant must provide the local share of the net project cost and must document in its grant application the source of the local match. The local match may include: i. Cash from non-governmental sources other than revenues from providing public transportation services; ii. Non-farebox revenues from the operation of public transportation service, such as the sale of advertising and concession revenues. A voluntary or mandatory fee that a college, university, or similar institution imposes on all its students for free or discounted transit service that is not farebox revenue; iii. Monies received under a service agreement with a State or local social service agency or private social service organization; iv. Undistributed cash surpluses, replacement or depreciation cash funds, reserves available in cash, or new capital; v. Amounts appropriated or otherwise made available to a department or agency of the Government (other than the U.S. Department of Transportation); vi. In-kind contribution such as the market value of in-kind contributions integral to the project may be counted as a contribution toward local share; vii. Revenue bond proceeds for a capital project, with prior FTA approval; and viii. Transportation Development Credits (TDC) (formerly referred to as Toll Revenue Credits). Note: FTA will not retroactively approve TDCs as match if they are not included in the proposal submitted under this competition. D. Proposal Submission Process Project proposals must be submitted electronically through https:// VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 www.GRANTS.GOV by 11:59 p.m. on October 2, 2015. Mail and fax submissions will not be accepted. A complete proposal submission will consist of at least two files: (1) The SF 424 Mandatory form (downloaded from GRANTS.GOV) and (2) the Applicant and Proposal Profile supplemental form for the Passenger Ferry program (supplemental form) found on the FTA Web site at https://www.fta.dot.gov/ grants/15926.html. The supplemental form provides guidance and a consistent format for proposers to respond to the criteria outlined in this NOFA. Once completed, the supplemental form must be placed in the attachments section of the SF 424 Mandatory form. Proposers must use the supplemental form designated for the Ferry program and attach it to their submission in GRANTS.GOV to successfully complete the application process. A proposal submission may contain additional supporting documentation as attachments. Within 24–48 hours after submitting an electronic application, the applicant should receive three email messages from GRANTS.GOV: (1) Confirmation of successful transmission to GRANTS.GOV, (2) confirmation of successful validation by GRANTS.GOV and (3) confirmation of successful validation by FTA. If confirmations of successful validation are not received and 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. Complete instructions on the application process can be found at https://www.fta.dot.gov/grants/ 15926.html. Important: FTA urges proposers to submit their 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. The FTA will not accept submissions after the stated submission deadline. GRANTS.GOV scheduled maintenance and outage times are announced on the GRANTS.GOV Web site at https://www.GRANTS.GOV. Deadlines will not be extended due to scheduled maintenance or outages. FTA will not make a ferry discretionary grant award to an applicant until the applicant has complied with all applicable System for Award Management (SAM) PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 requirements. If an applicant has not fully complied with the requirements by the submission deadline, the application will not be considered. To submit an application through Grants.gov, applicants must: • Obtain unique entity identifier (e.g., provide its Data Universal Numbering System (DUNS) number in each application or proposal it submits to the agency; Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities); • Be registered in SAM at www.SAM.gov; • Create a Grants.gov username and password; and • The E-Business Point of Contact (POC) at your organization must respond to the registration email from Grants.gov and login at Grants.gov to authorize you as an Authorized Organization Representative (AOR). Please note that there can be more than one AOR for an organization. For information and instructions on each of these processes, please see instructions at https://www.grants.gov/ web/grants/applicants/applicantfaqs.html. If an applicant is selected for an award, the applicant will be required to maintain an active SAM registration with current information throughout the period of the award. Proposers may submit one proposal for each project or one proposal containing multiple projects. Proposers submitting multiple projects in one proposal must be sure to clearly define each project by completing a supplemental form for each project. Supplemental forms must be added within the proposal by clicking the ‘‘add project’’ button in Section II of the supplemental form. Information such as proposer 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 form and supplemental form. Proposers must fill in all fields unless stated otherwise on the forms. Proposers 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. The following information MUST be included on the SF 424 and supplemental forms for all requests for Ferry program funding: 1. Name of applicant and, if applicable, the specific ferry agency submitting the application. 2. Unique entity identifier. 3. Contact information including: Contact name, title, address, E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices congressional district, fax and phone number, and email address if available. 4. Description of public transportation services including areas currently served by the ferry system, if any. 5. Name of person(s) authorized to apply on behalf of the system (attach a signed transmittal letter) must accompany the proposal. E. Proposal Content For complete and up to date guidance on the project information and project evaluation criteria that must be documented, refer to the applicable program on the FTA Web site: https:// www.fta.dot.gov/grants/15926.html. At a minimum, every proposal must: mstockstill on DSK4VPTVN1PROD with NOTICES 1. Submit an SF 424 with the correct supplemental form attached. 2. State the project title and describe in the executive summary the project scope to be funded. 3. Address whether the project will need a Buy America waiver. 4. Choose the type of service provided, project type and fleet information. 5. Address each evaluation criterion separately, demonstrating how the project responds to each criterion. 6. Provide a line-item budget for the total project, with enough detail to indicate the various key components of the project. As FTA may elect to fund only part of some project proposals, the budget should provide for the minimum amount necessary to fund specific project components of independent utility. 7. Provide the Federal amount requested. 8. Document the matching funds, including amount and source of the match (may include local or private sector financial participation in the project). 9. Provide support documentation, including financial statements, bond-ratings, and documents supporting the commitment of non-federal funding to the project, or a timeframe upon which those commitments would be made. 10. Address whether other Federal funds have been sought for the project. 11. Provide a project timeline, including significant milestones such as the date anticipated to issue a request for proposals for the project components or contract for purchase of ferry(s), and actual or expected delivery date or notice of request for proposal and notice to proceed for capital replacement/ rehabilitation projects. 12. Provide congressional district information for the project’s place of performance. F. Evaluation Criteria The FTA will evaluate projects based on the proposals submitted according to the criteria outlined below. The FTA encourages each proposer to demonstrate the responsiveness of a project to all of the selection criteria with the most relevant information that VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 the proposer can provide, regardless of whether such information has been specifically requested or identified in this notice. The FTA will assess the extent to which a project addresses the following criteria. 1. Demonstration of Need The FTA will evaluate each project to determine its need for resources. In addition to the project-specific criteria below, FTA will 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 and/or local resources. Proposals should include information such as destinations and services not currently accessible by transit, needs for access to jobs, education, or health care, safety enhancements or special needs of seniors and individuals with disabilities, income-based community needs, or other mobility needs. i. For vessel replacement or rehabilitation projects: • The age of the asset to be replaced or rehabilitated by the proposed project, relative to its useful life. • Condition and performance of the asset to be replaced by the proposed project, as ascertained through inspections or otherwise, if available. ii. For infrastructure (facility) improvements or related-equipment acquisitions: • The age of the facility or equipment to be rehabilitated or replaced relative to its useful life. • The degree to which the proposed project will enable the agency to improve the maintenance and condition of the agency’s fleet and/or other related ferry assets. iii. For expansion requests (vessel or facility-related): • 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. 2. Demonstration of Benefits In this section, proposals should identify expected project benefits. Applicants should describe how the ferry project will provide greater access to employment opportunities, educational centers, healthcare, or other locations that profoundly impact ladders of opportunity and safety, as described in the program purpose above. Possible examples include increased or sustained ridership and daily trips, increased reliability of service, improved operations or PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 46095 maintenance capabilities, or more mobility options, intermodal connections, or economic benefits to the community. Benefits may be demonstrated quantifiably or qualitatively. Proposers should document, explain or show the benefits in whatever format is reasonable to present them. 3. Planning and Local/Regional Prioritization In this section, the applicant should describe how the proposed project is consistent with planning documents and local priorities. This will involve assessing whether: i. The project is consistent with the transit priorities identified in the longrange transportation plan and/or contingency/illustrative projects. Proposers should note if the project could not be included in the financially constrained Transportation Improvement Plan (TIP)/Statewide Transportation Improvement Program (STIP) due to lack of funding (if selected, the project must be in the federally approved STIP before grant award). ii. Local support is demonstrated by letters of support from State Departments of Transportation, local transit agencies and other relevant stakeholders. iii. In an area with both ferry and other public transit operators, the proposal demonstrates coordination with and support of other related projects within the proposer’s Metropolitan Planning Organization (MPO) or the geographic region within which the proposed project will operate. 4. Project Readiness In this section, the applicant should describe the extent to which the project is ready to be implemented. This will involve assessing whether: i. The project is a Categorical Exclusion (CE) or if required environmental work has been initiated or completed for construction projects requiring an Environmental Assessment (EA) or Environmental Impact Statement (EIS). ii. Project implementation plans are ready, including initial design of facility projects. iii. The TIP/STIP can be amended (evidenced by MPO/State endorsement). iv. Local match is available and the project can be implemented within 12 months from time of selection. v. The project will require a Buy America waiver. vi. The applicant demonstrates the ability to carry out the proposed project successfully. E:\FR\FM\03AUN1.SGM 03AUN1 46096 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices 5. Technical, Legal, and Financial Capacity To Implement the Particular Project Proposed In this section, the applicant should address all of the following points: i. The proposer has the technical capacity to administer the project. ii. There are no outstanding legal, technical, or financial issues with the proposer that would make this a highrisk project to implement quickly. iii. The proposer has good financial systems in place that meet generally acceptable accounting standards that can be audited and has identified the source of local match if selected (no deferred local share will be allowed). 6. Connectivity to Other Modes of Transportation The proposals should include information about transfer connections to other modes of transportation, including but not limited to: Rail, bus, intercity bus, and private transportation providers. Supporting documentation should include data that demonstrates the number of trips (passengers and vehicles), the number of walk-on passengers, and transfers to other modes (if applicable). mstockstill on DSK4VPTVN1PROD with NOTICES G. Review and Selection Process In addition to other FTA staff that may review the proposals, a technical evaluation committee will review proposals under the project evaluation criteria. Members of the technical evaluation committee and other involved FTA staff reserve the right to screen and rate the applications received and to seek clarification from any applicant about any statement in its application that FTA finds ambiguous and/or request additional documentation to be considered during the evaluation process to clarify information contained within the proposal. After consideration of the findings of the technical evaluation committee, the FTA Acting Administrator will determine the final selection and amount of funding for each project. Geographic diversity and the applicant’s receipt of other Federal funding for ferries may be considered in FTA’s award decisions. H. Award Information Ferry program funds are available to designated recipients or eligible direct recipients of Section 5307 funds. There is no minimum or maximum grant award amount; however, FTA intends to fund as many meritorious projects as possible. Only proposals from eligible recipients for eligible activities will be considered for funding. Due to funding VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 limitations, proposers 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. I. Award Administration 1. Award Notices At the time the project selections are announced, FTA will extend pre-award authority for the selected projects. There is no blanket pre-award authority for these projects before announcement. 2. Administrative and National Policy Requirements i. Pre-Award Authority The FTA will issue specific guidance to recipients regarding pre-award authority at the time of selection. The FTA does not provide pre-award authority for discretionary 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 preaward authority, please see the FY 2015 Apportionment Notice published on February 9, 2015. https://www.gpo.gov/ fdsys/pkg/FR-2015-02-09/pdf/201502555.pdf. ii. Grant Requirements If selected, awardees will apply for a grant through FTA’s electronic grant management system and adhere to the customary FTA grant requirements of the Section 5307 Urbanized Area Formula Grant program, including those of FTA Circular 9030.1E, Circular 5010.1D, and the labor protections of 49 U.S.C. Section 5333(b). All discretionary grants, regardless of award amount, will be subject to the congressional notification and release process. The FTA emphasizes that third-party procurement applies to all funding awards, as described in FTA.C.4220.1F. Technical assistance regarding these requirements is available from each FTA regional office. iii. Buy America The FTA requires that all capital procurements meet FTA’s Buy America requirements that require all iron, steel, or manufactured products be produced in the U.S., to help create and protect manufacturing jobs in the U.S. The Ferry program will have a significant economic impact toward meeting the objectives of the Buy America law. The Buy America requirements can be found in 49 CFR part 661. Any proposal that will require a waiver must identify the items for which a waiver will be sought PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 in the application. Applicants should not proceed with the expectation that waivers will be granted. iv. Disadvantaged Business Enterprise Projects that include ferry acquisitions are subject to the Disadvantaged Business Enterprise (DBE) program regulations at 49 CFR part 26. The rule requires that, prior to bidding on any FTA-assisted vehicle procurement, entities that manufacture ferries must submit a DBE Program plan and annual goal methodology to FTA. The FTA will then issue a transit vehicle manufacturer (TVM) concurrence/certification letter. Grant recipients must verify each entity’s compliance before accepting its bid. A list of certified TVMs is posted on FTA’s Web page at https://www.fta.dot.gov/ civilrights/12891.html. Recipients should contact FTA before accepting bids from entities not listed on this webposting. Recipients may also establish project specific DBE goals for ferry purchases. The FTA will provide additional guidance as grants are awarded. For more information on DBE requirements, please contact Britney Berry, Office of Civil Rights, 202–366– 1065, email: britney.berry@dot.gov. v. Planning The FTA encourages proposers 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. vi. Standard Assurances The applicant assures that it will comply with all applicable Federal statutes, regulations, executive orders, 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 E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices does not have current certifications on file. vii. Reporting Post-award reporting requirements include submission of Federal Financial Reports and Milestone Reports in FTA’s electronic grants management system on a quarterly basis for all projects. J. Technical Assistance and Other Program Information This program is not subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs.’’ The FTA will consider applications for funding only from eligible recipients for eligible projects listed in Section C. Complete applications must be submitted through GRANTS.GOV by 11:59 p.m. EDT on October 2, 2015. Contact information for FTA’s regional offices can be found on FTA’s Web site at www.fta.dot.gov. Therese W. McMillan, Acting Administrator. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix A—Ferry Program Frequently Asked Questions 1. What is a designated recipient? Answer: A designated recipient is an entity designated by the governor of a state, responsible local official, and publicly owned operators of public transportation to receive and apportion amounts under Section 5336 to urbanized areas of 200,000 or more in population, or a state or regional authority, if the authority is responsible under the laws of a state for a capital project and for financing and directly providing public transportation. 2. What is a direct recipient? Answer: A direct recipient is an eligible entity authorized by a designated recipient or state to receive Urbanized Area Formula Program funds directly from FTA. 3. Is there a list of designated recipients under Section 5307? Answer: Contact the FTA regional office for help with identifying the 5307 designated recipient in your area. The regional office contact information can be found at www.fta.dot.gov. 4. How can an entity determine whether it operates within the area of a Censusdesignated urbanized area? Answer: Contact the FTA regional office to determine the designated urbanized area. The regional contact information can be found at www.fta.dot.gov. 5. Can I apply if I am not currently a direct recipient? Answer: Yes, FTA will accept applications from entities in urbanized areas that are VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 eligible to be direct recipients, even if they are currently not a direct recipient. 6. How can I apply if I am not an eligible direct recipient or designated recipient? Answer: Coordinate the project with the designated or eligible direct recipient for that entity to apply on your behalf. However, if your project is selected for an award, the designated or eligible direct recipient would obligate the funds. 7. Can State DOTs apply on behalf of public agencies within the state in which they administer FTA funds? Answer: Yes, as long as the service is within an urbanized area. 8. If an agency previously received 5307 funds but now receives 5311 funds, can they still apply? Answer: No, Section 5311 rural providers are not eligible to apply for the Passenger Ferry Grant Program. Applicants must be eligible designated or direct recipients of Section 5307. 9. Is a new start eligible under the Ferry program? Answer: Capital for new systems is eligible if the project is not in the planning phase. Planning activities are not eligible under this competition. 10. Are public car-ferries eligible? Answer: Ferry systems that accommodate cars must also accommodate walk-on passengers in order to be eligible. 11. Is the construction of a ferry maintenance facility an eligible capital project? Answer: Yes. 12. Is a new vessel construction funded by FTA grants considered a public work or rolling stock and therefore subject to Davis Bacon? Answer: Yes, a new vessel construction is rolling stock. Davis Bacon applies to construction, alteration, or repairs of public buildings or public works, but it does not apply to rolling stock. 13. Does the term ‘‘terminals & related infrastructure’’ projects include the floating docks and access ramps where the passengers board? Answer: Yes. 14. Is there a difference between the FTA’s Passenger Ferry Grant Program and FHWA’s Ferry Boat Formula Grant Funding Program? Answer: There may be subtle differences between FTA’s and FHWA’s programs. However, FHWA no longer has a discretionary program. It is now a formula program. Please refer to FHWA’s page for more information: https:// www.fhwa.dot.gov/. 15. What is the grant process after an entity is selected? Answer: An agency would work with the FTA regional office to apply for the funds in FTA’s electronic management system. The Federal Register PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 46097 announcing selection will also provide grant-making instructions. [FR Doc. 2015–18917 Filed 7–31–15; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Delayed Applications Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of application delayed more than 180 days. AGENCY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366–4535. SUMMARY: Key to ‘‘Reason for Delay’’ 1. Awaiting additional information from applicant 2. Extensive public comment under review 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis 4. Staff review delayed by other priority issues or volume of special permit applications Meaning of Application Number Suffixes N—New application M—Modification request R—Renewal Request P—Party To Exemption Request Issued in Washington, DC, on July 20, 2015. Ryan Paquet, Director, Approvals and Permits Division. E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 46093-46097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18917]



[[Page 46093]]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Section 5307 Urbanized Area Formula Grants; Passenger Ferry Grant 
Program

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Funding Availability (NOFA): Solicitation of Project 
Proposals for the Passenger Ferry Grant Program.

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SUMMARY: The Federal Transit Administration (FTA) announces the 
availability of Section 5307 Urbanized Area Formula Grant program funds 
in support of the Discretionary Passenger Ferry Grant program. This 
grant opportunity will be funded using approximately $20 million in FY 
2015 Urbanized Area Formula Grants program funds authorized by the 
Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 
112-141, July 6, 2012. Although MAP-21 authorized the program at $30 
million, the current extension only authorized funds through May 31, 
2015, which is approximately $20 million. This notice solicits 
proposals to compete for Fiscal Year (FY) 2015 funding that is 
currently available under the Ferry program and may include additional 
funds made available, subsequent to publication of this notice.
    The Passenger Ferry Grant program (Ferry program), authorized by 49 
U.S.C. 5307 (h), is a competitive program for which FTA established 
criteria for rating and ranking applications. Given the limited 
resources available for this program, FTA is limiting this 
discretionary opportunity to capital projects. These funds constitute a 
core investment in the enhancement and revitalization of public ferry 
systems in the Nation's urbanized areas.
    This notice also includes priorities established by FTA for these 
discretionary funds, criteria FTA will use to identify meritorious 
projects for funding, and the process to apply for funding. This 
announcement is available on the FTA Web site at: https://www.fta.dot.gov. The FTA may announce final selections on the Web site 
and in the Federal Register. Additionally, a synopsis of this funding 
opportunity will be posted in the FIND module of the government-wide 
electronic grants (GRANTS.GOV) Web site at https://www.grants.gov.

DATES: Complete proposals for Ferry program projects must be submitted 
by 11:59 p.m. EDT on October 2, 2015. All proposals must be submitted 
electronically through the GRANTS.GOV APPLY function. Any agency 
intending to apply should initiate the process of registering on the 
GRANTS.GOV site immediately to ensure completion of registration before 
the submission deadline. Instructions for applying can be found on 
FTA's Web site at https://www.fta.dot.gov/grants/15926.html and in the 
``FIND'' module of GRANTS.GOV.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Office found at https://www.fta.dot.gov for proposal-specific 
information and issues. For program-specific questions, please contact 
Vanessa Williams, Office of Program Management, (202) 366-4818, email: 
Vanessa.williams@dot.gov. A TDD is available at 1-800-877-8339 (TDD/
FIRS).

SUPPLEMENTARY INFORMATION:

Table of Contents

A. FTA Ferry Program Authority
B. Program Description and Purpose
C. Program Information
    1. Eligible Proposers
    2. Eligible Projects
    3. Cost Sharing and Matching
    4. Eligible Sources of Match
D. Proposal Submission Process
E. Proposal Content
F. Evaluation Criteria
G. Review and Selection Process
H. Award Information
I. Award Administration
J. Technical Assistance and Other Program Information
Appendix A: Frequently Asked Questions

A. FTA Ferry Program Authority

    Section 5307(h) of Title 49, United States Code, as amended by MAP-
21, authorizes FTA's Passenger Ferry Grant program. The program 
authorizes FTA to solicit grant applications and make grants for 
eligible projects on a competitive basis subject to the Section 5307 
terms and conditions, unless noted otherwise in the competitive 
solicitation. Successful applicants will enter into grant agreements 
with the FTA for the funding to be provided to their projects under 
this program.

B. Program Description and Purpose

    Improving and maintaining the Nation's public ferry systems is a 
key strategic goal of the U.S. Department of Transportation (DOT) and 
FTA. The Ferry program is intended to contribute to the improvement of 
the condition of the public ferry systems by providing financial 
assistance for capital projects. As part of the program and as 
evidenced in the criteria established for the program, priority 
consideration will be given to eligible projects that help to expand 
ladders of opportunity and improve safety. Examples include but are not 
limited to enhancing access to work, educational, and other training 
opportunities, and supporting partnerships that expand access to other 
governmental, health, medical, education, social, human service, and 
transportation providers to improve coordinated delivery of services. 
Safety enhancements include projects that increase the safety of the 
system including but not limited to lifesaving devices, security 
cameras, and first aid kits.

C. Program Information

1. Eligible Proposers

    Eligible proposers and eventual grant applicants under this 
initiative must be designated recipients or eligible direct recipients 
of Section 5307 funds which include public entities engaged in 
providing a public transportation passenger ferry service. If the 
recipient is eligible to receive 5307 funds, but does not currently 
have an active grant with FTA, upon selection, the recipient will be 
required to work with the FTA regional office to establish its 
organization as an active grantee. This process may require additional 
documentation to support technical, financial, and legal capacity. 
Ferry systems that accommodate cars must also accommodate walk-on 
passengers in order to be eligible for funding.

2. Eligible Projects

    Under this competitive program, eligible projects are capital 
projects including ferries, terminals, and related infrastructure. A 
service area can include some portions of rural areas, as long as the 
Ferry service begins in and services urban areas. Capital projects 
include, but are not limited to, the purchase, replacement, or 
rehabilitation of ferries and terminals and related equipment. Funds 
made available under this Notice of Funding Availability (NOFA) may not 
be used to fund operating expenses, planning, or preventive 
maintenance. The FTA's Section 5307 formula funds may be used for those 
activities.

3. Cost Sharing and Matching

    Costs will be shared at the following ratio:
    There is an 80 percent Federal share for projects selected under 
the Ferry Program, unless noted below by one of the exceptions.
    i. The Federal share is 85 percent for net project costs for 
acquiring vehicles (including clean-fuel or alternative fuel) that are 
compliant with the Clean Air Act (CAA) or compliant with the

[[Page 46094]]

Americans with Disabilities Act (ADA) of 1990.
    ii. The Federal share is 90 percent for net project costs for 
vehicle-related equipment or facilities (including clean-fuel or 
alternative-fuel vehicle-related equipment or facilities) required by 
the Americans with Disabilities Act (ADA) of 1990, or for purposes of 
complying with or maintaining compliance with the Clean Air Act.
    The FTA considers vehicle-related equipment to be equipment on or 
attached to the vehicle. The award recipient may itemize the cost of 
specific, discrete, vehicle-related equipment being purchased to be in 
compliance with ADA or CAA.

4. Eligible Sources of Match

    After the appropriate Federal share is established, the applicant 
must provide the local share of the net project cost and must document 
in its grant application the source of the local match. The local match 
may include:
    i. Cash from non-governmental sources other than revenues from 
providing public transportation services;
    ii. Non-farebox revenues from the operation of public 
transportation service, such as the sale of advertising and concession 
revenues. A voluntary or mandatory fee that a college, university, or 
similar institution imposes on all its students for free or discounted 
transit service that is not farebox revenue;
    iii. Monies received under a service agreement with a State or 
local social service agency or private social service organization;
    iv. Undistributed cash surpluses, replacement or depreciation cash 
funds, reserves available in cash, or new capital;
    v. Amounts appropriated or otherwise made available to a department 
or agency of the Government (other than the U.S. Department of 
Transportation);
    vi. In-kind contribution such as the market value of in-kind 
contributions integral to the project may be counted as a contribution 
toward local share;
    vii. Revenue bond proceeds for a capital project, with prior FTA 
approval; and
    viii. Transportation Development Credits (TDC) (formerly referred 
to as Toll Revenue Credits).

    Note: FTA will not retroactively approve TDCs as match if they 
are not included in the proposal submitted under this competition.

D. Proposal Submission Process

    Project proposals must be submitted electronically through https://
www.GRANTS.GOV by 11:59 p.m. on October 2, 2015. Mail and fax 
submissions will not be accepted. A complete proposal submission will 
consist of at least two files: (1) The SF 424 Mandatory form 
(downloaded from GRANTS.GOV) and (2) the Applicant and Proposal Profile 
supplemental form for the Passenger Ferry program (supplemental form) 
found on the FTA Web site at https://www.fta.dot.gov/grants/15926.html. 
The supplemental form provides guidance and a consistent format for 
proposers to respond to the criteria outlined in this NOFA. Once 
completed, the supplemental form must be placed in the attachments 
section of the SF 424 Mandatory form. Proposers must use the 
supplemental form designated for the Ferry program and attach it to 
their submission in GRANTS.GOV to successfully complete the application 
process. A proposal submission may contain additional supporting 
documentation as attachments.
    Within 24-48 hours after submitting an electronic application, the 
applicant should receive three email messages from GRANTS.GOV: (1) 
Confirmation of successful transmission to GRANTS.GOV, (2) confirmation 
of successful validation by GRANTS.GOV and (3) confirmation of 
successful validation by FTA. If confirmations of successful validation 
are not received and 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.
    Complete instructions on the application process can be found at 
https://www.fta.dot.gov/grants/15926.html. Important: FTA urges 
proposers to submit their 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. The 
FTA will not accept submissions after the stated submission deadline. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV Web site at https://www.GRANTS.GOV. Deadlines will not be 
extended due to scheduled maintenance or outages.
    FTA will not make a ferry discretionary grant award to an applicant 
until the applicant has complied with all applicable System for Award 
Management (SAM) requirements. If an applicant has not fully complied 
with the requirements by the submission deadline, the application will 
not be considered. To submit an application through Grants.gov, 
applicants must:
     Obtain unique entity identifier (e.g., provide its Data 
Universal Numbering System (DUNS) number in each application or 
proposal it submits to the agency; Unique entity identifier means the 
identifier required for SAM registration to uniquely identify business 
entities);
     Be registered in SAM at www.SAM.gov;
     Create a Grants.gov username and password; and
     The E-Business Point of Contact (POC) at your organization 
must respond to the registration email from Grants.gov and login at 
Grants.gov to authorize you as an Authorized Organization 
Representative (AOR). Please note that there can be more than one AOR 
for an organization.
    For information and instructions on each of these processes, please 
see instructions at https://www.grants.gov/web/grants/applicants/applicant-faqs.html. If an applicant is selected for an award, the 
applicant will be required to maintain an active SAM registration with 
current information throughout the period of the award.
    Proposers may submit one proposal for each project or one proposal 
containing multiple projects. Proposers submitting multiple projects in 
one proposal must be sure to clearly define each project by completing 
a supplemental form for each project. Supplemental forms must be added 
within the proposal by clicking the ``add project'' button in Section 
II of the supplemental form.
    Information such as proposer 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 form and supplemental 
form. Proposers must fill in all fields unless stated otherwise on the 
forms. Proposers 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. The following information MUST be 
included on the SF 424 and supplemental forms for all requests for 
Ferry program funding:
    1. Name of applicant and, if applicable, the specific ferry agency 
submitting the application.
    2. Unique entity identifier.
    3. Contact information including: Contact name, title, address,

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congressional district, fax and phone number, and email address if 
available.
    4. Description of public transportation services including areas 
currently served by the ferry system, if any.
    5. Name of person(s) authorized to apply on behalf of the system 
(attach a signed transmittal letter) must accompany the proposal.

E. Proposal Content

    For complete and up to date guidance on the project information and 
project evaluation criteria that must be documented, refer to the 
applicable program on the FTA Web site: https://www.fta.dot.gov/grants/15926.html. At a minimum, every proposal must:

1. Submit an SF 424 with the correct supplemental form attached.
2. State the project title and describe in the executive summary the 
project scope to be funded.
3. Address whether the project will need a Buy America waiver.
4. Choose the type of service provided, project type and fleet 
information.
5. Address each evaluation criterion separately, demonstrating how 
the project responds to each criterion.
6. Provide a line-item budget for the total project, with enough 
detail to indicate the various key components of the project. As FTA 
may elect to fund only part of some project proposals, the budget 
should provide for the minimum amount necessary to fund specific 
project components of independent utility.
7. Provide the Federal amount requested.
8. Document the matching funds, including amount and source of the 
match (may include local or private sector financial participation 
in the project).
9. Provide support documentation, including financial statements, 
bond-ratings, and documents supporting the commitment of non-federal 
funding to the project, or a timeframe upon which those commitments 
would be made.
10. Address whether other Federal funds have been sought for the 
project.
11. Provide a project timeline, including significant milestones 
such as the date anticipated to issue a request for proposals for 
the project components or contract for purchase of ferry(s), and 
actual or expected delivery date or notice of request for proposal 
and notice to proceed for capital replacement/rehabilitation 
projects.
12. Provide congressional district information for the project's 
place of performance.

F. Evaluation Criteria

    The FTA will evaluate projects based on the proposals submitted 
according to the criteria outlined below. The FTA encourages each 
proposer to demonstrate the responsiveness of a project to all of the 
selection criteria with the most relevant information that the proposer 
can provide, regardless of whether such information has been 
specifically requested or identified in this notice. The FTA will 
assess the extent to which a project addresses the following criteria.

1. Demonstration of Need

    The FTA will evaluate each project to determine its need for 
resources. In addition to the project-specific criteria below, FTA will 
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 and/or local 
resources. Proposals should include information such as destinations 
and services not currently accessible by transit, needs for access to 
jobs, education, or health care, safety enhancements or special needs 
of seniors and individuals with disabilities, income-based community 
needs, or other mobility needs.
    i. For vessel replacement or rehabilitation projects:
     The age of the asset to be replaced or rehabilitated by 
the proposed project, relative to its useful life.
     Condition and performance of the asset to be replaced by 
the proposed project, as ascertained through inspections or otherwise, 
if available.
    ii. For infrastructure (facility) improvements or related-equipment 
acquisitions:
     The age of the facility or equipment to be rehabilitated 
or replaced relative to its useful life.
     The degree to which the proposed project will enable the 
agency to improve the maintenance and condition of the agency's fleet 
and/or other related ferry assets.
    iii. For expansion requests (vessel or facility-related):
     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.

2. Demonstration of Benefits

    In this section, proposals should identify expected project 
benefits. Applicants should describe how the ferry project will provide 
greater access to employment opportunities, educational centers, 
healthcare, or other locations that profoundly impact ladders of 
opportunity and safety, as described in the program purpose above. 
Possible examples include increased or sustained ridership and daily 
trips, increased reliability of service, improved operations or 
maintenance capabilities, or more mobility options, intermodal 
connections, or economic benefits to the community. Benefits may be 
demonstrated quantifiably or qualitatively. Proposers should document, 
explain or show the benefits in whatever format is reasonable to 
present them.

3. Planning and Local/Regional Prioritization

    In this section, the applicant should describe how the proposed 
project is consistent with planning documents and local priorities. 
This will involve assessing whether:
    i. The project is consistent with the transit priorities identified 
in the long-range transportation plan and/or contingency/illustrative 
projects. Proposers should note if the project could not be included in 
the financially constrained Transportation Improvement Plan (TIP)/
Statewide Transportation Improvement Program (STIP) due to lack of 
funding (if selected, the project must be in the federally approved 
STIP before grant award).
    ii. Local support is demonstrated by letters of support from State 
Departments of Transportation, local transit agencies and other 
relevant stakeholders.
    iii. In an area with both ferry and other public transit operators, 
the proposal demonstrates coordination with and support of other 
related projects within the proposer's Metropolitan Planning 
Organization (MPO) or the geographic region within which the proposed 
project will operate.

4. Project Readiness

    In this section, the applicant should describe the extent to which 
the project is ready to be implemented. This will involve assessing 
whether:
    i. The project is a Categorical Exclusion (CE) or if required 
environmental work has been initiated or completed for construction 
projects requiring an Environmental Assessment (EA) or Environmental 
Impact Statement (EIS).
    ii. Project implementation plans are ready, including initial 
design of facility projects.
    iii. The TIP/STIP can be amended (evidenced by MPO/State 
endorsement).
    iv. Local match is available and the project can be implemented 
within 12 months from time of selection.
    v. The project will require a Buy America waiver.
    vi. The applicant demonstrates the ability to carry out the 
proposed project successfully.

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5. Technical, Legal, and Financial Capacity To Implement the Particular 
Project Proposed

    In this section, the applicant should address all of the following 
points:
    i. The proposer has the technical capacity to administer the 
project.
    ii. There are no outstanding legal, technical, or financial issues 
with the proposer that would make this a high-risk project to implement 
quickly.
    iii. The proposer has good financial systems in place that meet 
generally acceptable accounting standards that can be audited and has 
identified the source of local match if selected (no deferred local 
share will be allowed).

6. Connectivity to Other Modes of Transportation

    The proposals should include information about transfer connections 
to other modes of transportation, including but not limited to: Rail, 
bus, intercity bus, and private transportation providers. Supporting 
documentation should include data that demonstrates the number of trips 
(passengers and vehicles), the number of walk-on passengers, and 
transfers to other modes (if applicable).

G. Review and Selection Process

    In addition to other FTA staff that may review the proposals, a 
technical evaluation committee will review proposals under the project 
evaluation criteria. Members of the technical evaluation committee and 
other involved FTA staff reserve the right to screen and rate the 
applications received and to seek clarification from any applicant 
about any statement in its application that FTA finds ambiguous and/or 
request additional documentation to be considered during the evaluation 
process to clarify information contained within the proposal.
    After consideration of the findings of the technical evaluation 
committee, the FTA Acting Administrator will determine the final 
selection and amount of funding for each project.
    Geographic diversity and the applicant's receipt of other Federal 
funding for ferries may be considered in FTA's award decisions.

H. Award Information

    Ferry program funds are available to designated recipients or 
eligible direct recipients of Section 5307 funds. There is no minimum 
or maximum grant award amount; however, FTA intends to fund as many 
meritorious projects as possible. Only proposals from eligible 
recipients for eligible activities will be considered for funding. Due 
to funding limitations, proposers 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.

I. Award Administration

1. Award Notices

    At the time the project selections are announced, FTA will extend 
pre-award authority for the selected projects. There is no blanket pre-
award authority for these projects before announcement.

2. Administrative and National Policy Requirements

i. Pre-Award Authority
    The FTA will issue specific guidance to recipients regarding pre-
award authority at the time of selection. The FTA does not provide pre-
award authority for discretionary 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 the FY 2015 Apportionment Notice published on 
February 9, 2015. https://www.gpo.gov/fdsys/pkg/FR-2015-02-09/pdf/2015-02555.pdf.
ii. Grant Requirements
    If selected, awardees will apply for a grant through FTA's 
electronic grant management system and adhere to the customary FTA 
grant requirements of the Section 5307 Urbanized Area Formula Grant 
program, including those of FTA Circular 9030.1E, Circular 5010.1D, and 
the labor protections of 49 U.S.C. Section 5333(b). All discretionary 
grants, regardless of award amount, will be subject to the 
congressional notification and release process. The FTA emphasizes that 
third-party procurement applies to all funding awards, as described in 
FTA.C.4220.1F. Technical assistance regarding these requirements is 
available from each FTA regional office.
iii. Buy America
    The FTA requires that all capital procurements meet FTA's Buy 
America requirements that require all iron, steel, or manufactured 
products be produced in the U.S., to help create and protect 
manufacturing jobs in the U.S. The Ferry program will have a 
significant economic impact toward meeting the objectives of the Buy 
America law. The Buy America requirements can be found in 49 CFR part 
661. Any proposal that will require a waiver must identify the items 
for which a waiver will be sought in the application. Applicants should 
not proceed with the expectation that waivers will be granted.
iv. Disadvantaged Business Enterprise
    Projects that include ferry acquisitions are subject to the 
Disadvantaged Business Enterprise (DBE) program regulations at 49 CFR 
part 26. The rule requires that, prior to bidding on any FTA-assisted 
vehicle procurement, entities that manufacture ferries must submit a 
DBE Program plan and annual goal methodology to FTA. The FTA will then 
issue a transit vehicle manufacturer (TVM) concurrence/certification 
letter. Grant recipients must verify each entity's compliance before 
accepting its bid. A list of certified TVMs is posted on FTA's Web page 
at https://www.fta.dot.gov/civilrights/12891.html. Recipients should 
contact FTA before accepting bids from entities not listed on this web-
posting. Recipients may also establish project specific DBE goals for 
ferry purchases. The FTA will provide additional guidance as grants are 
awarded. For more information on DBE requirements, please contact 
Britney Berry, Office of Civil Rights, 202-366-1065, email: 
britney.berry@dot.gov.
v. Planning
    The FTA encourages proposers 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.
vi. Standard Assurances
    The applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, 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

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does not have current certifications on file.
vii. Reporting
    Post-award reporting requirements include submission of Federal 
Financial Reports and Milestone Reports in FTA's electronic grants 
management system on a quarterly basis for all projects.

J. Technical Assistance and Other Program Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' The FTA will consider 
applications for funding only from eligible recipients for eligible 
projects listed in Section C. Complete applications must be submitted 
through GRANTS.GOV by 11:59 p.m. EDT on October 2, 2015. Contact 
information for FTA's regional offices can be found on FTA's Web site 
at www.fta.dot.gov.

Therese W. McMillan,
Acting Administrator.

Appendix A--Ferry Program Frequently Asked Questions

1. What is a designated recipient?
    Answer: A designated recipient is an entity designated by the 
governor of a state, responsible local official, and publicly owned 
operators of public transportation to receive and apportion amounts 
under Section 5336 to urbanized areas of 200,000 or more in 
population, or a state or regional authority, if the authority is 
responsible under the laws of a state for a capital project and for 
financing and directly providing public transportation.
2. What is a direct recipient?
    Answer: A direct recipient is an eligible entity authorized by a 
designated recipient or state to receive Urbanized Area Formula 
Program funds directly from FTA.
3. Is there a list of designated recipients under Section 5307?
    Answer: Contact the FTA regional office for help with 
identifying the 5307 designated recipient in your area. The regional 
office contact information can be found at www.fta.dot.gov.
4. How can an entity determine whether it operates within the area 
of a Census-designated urbanized area?
    Answer: Contact the FTA regional office to determine the 
designated urbanized area. The regional contact information can be 
found at www.fta.dot.gov.
5. Can I apply if I am not currently a direct recipient?
    Answer: Yes, FTA will accept applications from entities in 
urbanized areas that are eligible to be direct recipients, even if 
they are currently not a direct recipient.
6. How can I apply if I am not an eligible direct recipient or 
designated recipient?
    Answer: Coordinate the project with the designated or eligible 
direct recipient for that entity to apply on your behalf. However, 
if your project is selected for an award, the designated or eligible 
direct recipient would obligate the funds.
7. Can State DOTs apply on behalf of public agencies within the 
state in which they administer FTA funds?
    Answer: Yes, as long as the service is within an urbanized area.
8. If an agency previously received 5307 funds but now receives 5311 
funds, can they still apply?
    Answer: No, Section 5311 rural providers are not eligible to 
apply for the Passenger Ferry Grant Program. Applicants must be 
eligible designated or direct recipients of Section 5307.
9. Is a new start eligible under the Ferry program?
    Answer: Capital for new systems is eligible if the project is 
not in the planning phase. Planning activities are not eligible 
under this competition.
10. Are public car-ferries eligible?
    Answer: Ferry systems that accommodate cars must also 
accommodate walk-on passengers in order to be eligible.
11. Is the construction of a ferry maintenance facility an eligible 
capital project?
    Answer: Yes.
12. Is a new vessel construction funded by FTA grants considered a 
public work or rolling stock and therefore subject to Davis Bacon?
    Answer: Yes, a new vessel construction is rolling stock. Davis 
Bacon applies to construction, alteration, or repairs of public 
buildings or public works, but it does not apply to rolling stock.
13. Does the term ``terminals & related infrastructure'' projects 
include the floating docks and access ramps where the passengers 
board?
    Answer: Yes.
14. Is there a difference between the FTA's Passenger Ferry Grant 
Program and FHWA's Ferry Boat Formula Grant Funding Program?
    Answer: There may be subtle differences between FTA's and FHWA's 
programs. However, FHWA no longer has a discretionary program. It is 
now a formula program. Please refer to FHWA's page for more 
information: https://www.fhwa.dot.gov/.
15. What is the grant process after an entity is selected?
    Answer: An agency would work with the FTA regional office to 
apply for the funds in FTA's electronic management system. The 
Federal Register announcing selection will also provide grant-making 
instructions.

[FR Doc. 2015-18917 Filed 7-31-15; 8:45 am]
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