Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (FASTLANE Grants) for Fiscal Year 2017, 76688-76698 [2016-26496]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary of Transportation

[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76688-76698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26496]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2016-0016]


Notice of Funding Opportunity for the Department of 
Transportation's Nationally Significant Freight and Highway Projects 
(FASTLANE Grants) for Fiscal Year 2017

AGENCY: Office of the Secretary of Transportation, U.S. Department of 
Transportation.

ACTION: Notice of funding opportunity.

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SUMMARY: The Fixing America's Surface Transportation Act (FAST Act) 
established the Nationally Significant Freight and Highway Projects 
(NSFHP) program to provide Federal financial assistance to projects of 
national or regional significance and authorized the program at $4.5 
billion for fiscal years (FY) 2016 through 2020, including $850 million 
for FY 2017 to be awarded by the Secretary of Transportation. The U.S. 
Department of Transportation (USDOT/Department) will also refer to 
NSFHP grants as Fostering Advancements in Shipping and Transportation 
for the Long-term Achievement of National Efficiencies (FASTLANE) 
grants. The purpose of this notice is to solicit applications for FY 
2017 grants for the FASTLANE program. The Department also invites 
interested parties to submit comments about this notice's contents to 
public docket DOT-OST-2016-0016 by December 31, 2016.

DATES: Applications must be submitted by 8:00 p.m. EST on December 15, 
2016. The Grants.gov ``Apply'' function will open by November 14, 2016.

ADDRESSES: Applications must be submitted through www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the Office of the Secretary via email at 
FASTLANEgrants@dot.gov. For more information about highway projects, 
please contact Crystal Jones at (202) 366-2976. For more information 
about maritime projects, please contact Robert Bouchard at (202) 366-
5076. For more information about rail projects, please contact 
Stephanie Lawrence at (202) 493-1376. For all other questions, please 
contact Howard Hill at (202) 366-0301. A TDD is available for 
individuals who are deaf or hard of hearing at 202-366-3993. 
Additionally, the Department will regularly post answers to questions 
and requests for clarifications as well as information about webinars 
for further guidance on USDOT's Web site at https://www.transportation.gov/buildamerica/FASTLANEgrants.

SUPPLEMENTARY INFORMATION: This notice solicits applications for the 
FASTLANE program for FY 2017. Each section of this notice contains 
information and instructions relevant to the application process for 
FASTLANE grants, and the applicant should read this notice in its 
entirety to submit eligible and competitive applications.

Table of Contents

A. Program Description
B. Federal Award Information
    1. Amount Available
    2. Eligible Uses
    3. Other Restrictions
    4. Repeat Applications
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
    3. Other
    i. Eligible Project
    ii. Eligible Project Costs
    iii. Minimum Project Size Requirement
    a. Large Projects
    b. Small Projects
    iv. Rural/Urban Area
    v. Application Limit
    vi. Project Components
D. Application and Submission Information
    1. Address
    2. Content and Form of Application
    i. Cover Page
    ii. Summary of Changes
    iii. Project Narrative
    a. Project Description
    b. Project Location
    c. Project Parties
    d. Grants Funds, Sources, and Uses of Project Funds
    e. Cost Effectiveness
    f. Project Readiness
    3. Unique Entity Identifier and System for Award Management 
(SAM)
    4. Submission Date and Timelines
    i. Deadline
    ii. Consideration of Application
    iii. Late Applications
    iv. Late Application Policy
E. Application Review Information
    1. Criteria
    i. Merit Criteria
    a. Economic Outcomes
    b. Mobility Outcomes
    c. Safety Outcomes
    d. Community and Environmental Outcomes
    ii. Other Review Criteria
    a. Partnership and Innovation
    b. Cost Share
    iii. Large/Small Project Requirements
    2. Review and Selection Process
    i. USDOT Review
    3. Additional Information
F. Federal Award Administration Information
    1. Federal Award Notices
    2. Administrative and National Policy Requirements
    3. Reporting
    i. Progress Reporting on Grant Activity
    ii. Reporting of Matters Related to Integrity and Performance
G. Federal Awarding Agency Contacts
H. Other Information
    1. Invitation for Public Comment on the FY 2017 Notice
    2. Response to Comments From the FY 2016 Notice
    3. Protection of Confidential Business Information

A. Program Description

    The Nationally Significant Freight and Highway Projects (NSFHP) 
program, as established by the Fixing America's Surface Transportation 
Act (FAST Act), Public Law 114-94, section 1105 (23 U.S.C. 117), will 
provide Federal financial assistance to freight and highway projects of 
national or regional significance. The Department will also refer to 
NSFHP grants as Fostering Advancements in Shipping and Transportation 
for the Long-term Achievement of National Efficiencies (FASTLANE) 
grants. The FASTLANE program provides dedicated, discretionary funding 
for projects that address critical freight issues facing our nation's 
highways and bridges, and for the first time in the U.S. Department of 
Transportation's 50-year history, establishes broad, multiyear 
eligibilities for freight infrastructure.
    To better adapt to national and regional population growth, compete 
in the global economy, and meet the needs of consumers and industry, 
the United States needs a strong multimodal transportation system. 
Beyond Traffic 2045: Trends and Choices (Beyond Traffic),\1\ the 
Department's 30-year framework for the future, outlines changing local 
and global patterns, including population and employment growth in 
burgeoning megaregions and significant growth in freight movement by 
ton and value. The report affirms the need to address freight 
bottlenecks that severely constrain system performance and capacity. 
The Department's draft National Freight Strategic Plan,\2\ released in 
October 2015, further

[[Page 76689]]

explores these challenges for freight transportation and identifies 
strategies to address impediments to the flow of goods throughout the 
nation.
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    \1\ https://www.transportation.gov/BeyondTraffic.
    \2\ https://www.transportation.gov/freight/NFSP.
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    The FASTLANE program provides an opportunity to address nationally 
or regionally significant challenges across the nation's transportation 
system including improving the safety, efficiency, and reliability of 
the movement of freight and people; generating national or regional 
economic benefits and increasing the United States' global 
competitiveness; reducing highway congestion and bottlenecks; enabling 
more efficient intermodal connections; minimizing delays at 
international borders; improving inadequate first and last mile 
segments; modernizing port facilities to meet 21st Century demands, 
including connections between ports and their surface transportation 
systems; enhancing the resiliency of critical intermodal infrastructure 
and helping protect the environment; improving grade crossings; 
improving roadways vital to national energy security; and addressing 
the impact of population growth on the movement of people and freight. 
The program also offers resources to advance highway and bridge 
projects on the National Highway System (NHS), including those that 
improve mobility through added capacity on the Interstate or address 
needs in a national scenic area. Recognizing the interconnected and 
multimodal nature of the nation's transportation system, the Department 
will give additional consideration to nationally or regionally 
significant multimodal and multijurisdictional projects.
    The Department will also consider whether projects enhance personal 
mobility and accessibility. Such projects include, but are not limited 
to, investments that better connect people to essential services such 
as employment centers, health care, schools and education facilities, 
healthy food, and recreation; remove physical or operational barriers 
to access; strengthen communities through neighborhood redevelopment; 
mitigate the negative impacts of freight movement on communities--such 
as road or railroad crossing congestion; and support workforce 
development, particularly for disadvantaged groups, which include low-
income groups, persons with visible and hidden disabilities, elderly 
individuals, and minority persons and populations. The Department may 
consider whether a project's design is likely to generate benefits for 
all users of the proposed project, including non-driving members of a 
community adjacent to or affected by the project.

B. Federal Award Information

1. Amount Available

    The FAST Act authorizes the FASTLANE program at $4.5 billion for 
fiscal years (FY) 2016 through 2020, including $850 million \3\ for FY 
2017 to be awarded by USDOT on a competitive basis to projects of 
national or regional significance that meet statutory requirements. The 
funding described in this notice is authorized for FY 2017 in FAST Act 
Section 1101(a)(5). The amount that will be available for awards is 
uncertain because the Department is issuing this notice before full-
year appropriations legislation has been enacted for FY 2017. The 
Department anticipates that up to approximately $787 million will be 
available for awards. But that estimate may be higher or lower than the 
final amount, which is dependent on future appropriations legislation. 
Any award selections under this notice will be subject to the 
availability of funds.
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    \3\ Funds are subject to the overall Federal-aid highway 
obligation limitation, and funds in excess of the obligation 
limitation provided to the program are distributed to the States. 
While $850 million is authorized for FY 2017, DOT estimates that 
approximately $787 million will be available for award. For 
additional information see FAST Act Sec.  1102 (f) and the 
Transportation, Housing and Urban Development, and Related Agencies 
Appropriations Act, 2016, Public Law 114-113, div. L Sec.  120. 
Applicants should note that the provisions of the FY2016 
appropriations act are only illustrative and may differ from what 
will be enacted in a full year FY 2017 appropriations act.
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    While the Department is initiating the process of soliciting 
applications for FY 2017, awards will be subject to the availability of 
funding; the Department is currently operating under a Continuing 
Resolution, and the obligation limitation distribution for the balance 
of the Fiscal Year will depend on Congressional action. However, as 
obligation limitation associated with this program currently expires at 
the end of the Fiscal Year, the Department is now beginning the process 
of soliciting applications to facilitate the possibility of awards with 
sufficient time for grantees to obligate in advance of peak 
construction season, while accounting for the requirement that the 
Department notify Congressional Committees 60 days ahead of awards.

2. Eligible Uses

    FASTLANE grants may be used for the construction, reconstruction, 
rehabilitation, acquisition of property (including land related to the 
project and improvements to the land), environmental mitigation, 
construction contingencies, equipment acquisition, and operational 
improvements directly related to system performance. FASTLANE grants 
may also fund developmental phase activities, including planning, 
feasibility analysis, revenue forecasting, environmental review, 
preliminary engineering, design, and other preconstruction activities, 
provided the project meets statutory requirements.
    The FAST Act allows a FASTLANE grant recipient to use FASTLANE 
funds granted to pay the subsidy and administrative costs necessary to 
receive credit assistance for the associated project under the 
Transportation Infrastructure Finance and Innovation Act of 1998 
(``TIFIA'') program.

3. Other Restrictions

    The Department will make awards under the FASTLANE program to both 
large and small projects. (Refer to section C.3.ii.for a definition of 
large and small projects.) For large projects, the FAST Act specifies 
that FASTLANE grants must be at least $25 million. For small projects, 
the grants must be at least $5 million. For both large and small 
projects, maximum FASTLANE awards may not exceed 60 percent of future 
eligible project costs. While 10 percent of available funds are 
reserved for small projects, 90 percent of funds are reserved for large 
projects. Applicants are strongly encouraged to submit applications 
only for eligible award amounts.
    Pursuant to the FAST Act, not more than $500 million in aggregate 
of the $4.5 billion authorized for FASTLANE grants over fiscal years 
2016 to 2020 may be used for grants to freight rail, water (including 
ports), or other freight intermodal projects that make significant 
improvements to freight movement on the National Highway Freight 
Network. After accounting for FY 2016 FASTLANE awards, approximately 
$326 million within this constraint remains available. Only the non-
highway portion(s) of multimodal projects count toward the $500 million 
maximum. Improving freight movement on the National Highway Freight 
Network may include shifting freight transportation to other modes, 
thereby reducing congestion and bottlenecks on the National Highway 
Freight Network. The Federal share for projects that count toward the 
$500 million maximum may fund only elements of the project that provide 
public benefit. Grade crossing and grade separation projects do not 
count toward the $500 million maximum for freight rail, port, and 
intermodal projects.

[[Page 76690]]

    The FAST Act directs at least 25 percent of the funds provided for 
FASTLANE grants must be used for projects located in rural areas, as 
defined in Section C.3.iv. If the Department does not receive enough 
qualified applications to fully award the 25 percent reserved for rural 
projects, the Department may use the excess funding for non-rural 
awards. The USDOT must consider geographic diversity among grant 
recipients, including the need for a balance in addressing the needs of 
urban and rural areas.

4. Repeat Applications

    In response to the FY 2016 FASTLANE solicitation (81 FR 10955), 
USDOT received applications for more eligible, excellent projects than 
could be funded in the first year of the program. Because the 
evaluation criteria described in this notice do not differ from the 
criteria in the FY 2016 solicitation and because USDOT requires 
applications to be submitted within 45 days of this notice, USDOT 
anticipates that some FY 2016 applicants who did not receive FY 2016 
awards will resubmit their applications with few or no changes. If an 
applicant is re-applying for a project for which that applicant applied 
for FY 2016 funds and was not awarded, the applicant should highlight 
new or revised information in the application. This will improve the 
evaluation process by allowing USDOT to avoid redundant evaluations and 
focus evaluation resources on new information. To the extent that a 
resubmitted application contains few or no changes, USDOT may rely on 
previous analysis when considering the project for a FY 2017 award.

C. Eligibility Information

    To be selected for an FASTLANE grant, an applicant must be an 
Eligible Applicant and the project must be an Eligible Project that 
meets the Minimum Project Size Requirement.

1. Eligible Applicants

    Eligible applicants for FASTLANE grants are (1) a State or group of 
States; (2) a metropolitan planning organization that serves an 
Urbanized Area (as defined by the Bureau of the Census) with a 
population of more than 200,000 individuals; (3) a unit of local 
government or group of local governments; (4) a political subdivision 
of a State or local government; (5) a special purpose district or 
public authority with a transportation function, including a port 
authority; (6) a Federal land management agency that applies jointly 
with a State or group of States; (7) a tribal government or a 
consortium of tribal governments; or (8) a multi-State or 
multijurisdictional group of public entities. Multiple States or 
jurisdictions that submit a joint application should identify a lead 
applicant as the primary point of contact. Each applicant in a joint 
application must be an Eligible Applicant. Joint applications should 
include a description of the roles and responsibilities of each 
applicant and should be signed by each applicant.

2. Cost Sharing or Matching

    FASTLANE grants may be used for up to 60 percent of future eligible 
project costs. Other Federal assistance may satisfy the non-Federal 
share requirement for a FASTLANE grant, but total Federal assistance 
for a project receiving a FASTLANE grant may not exceed 80 percent of 
the future eligible project costs. Non-Federal sources include State 
funds originating from programs funded by State revenue, local funds 
originating from State or local revenue funded programs, private funds 
or other funding sources of non-Federal origins. If a Federal land 
management agency applies jointly with a State or group of States, and 
that agency carries out the project, then Federal funds that were not 
made available under titles 23 or 49 of the United States Code may be 
used for the non-Federal share. Unless otherwise authorized by statute, 
local cost-share may not be counted as non-Federal share for both the 
FASTLANE and another Federal program. For any project, the Department 
cannot consider previously incurred costs or previously expended or 
encumbered funds towards the matching requirement. Matching funds are 
subject to the same Federal requirements described in Section F.2 as 
awarded funds.

3. Other

i. Eligible Project
    Eligible projects for FASTLANE grants are: Highway freight projects 
carried out on the National Highway Freight Network (23 U.S.C. 167); 
highway or bridge projects carried out on the NHS, including projects 
that add capacity on the Interstate System to improve mobility or 
projects in a national scenic area; railway-highway grade crossing or 
grade separation projects; or a freight project that is (1) an 
intermodal or rail project, or (2) within the boundaries of a public or 
private freight rail, water (including ports), or intermodal facility. 
A project within the boundaries of a freight rail, water (including 
ports), or intermodal facility must be a surface transportation 
infrastructure project necessary to facilitate direct intermodal 
interchange, transfer, or access into or out of the facility and must 
significantly improve freight movement on the National Highway Freight 
Network. For a freight project within the boundaries of a freight rail, 
water (including ports), or intermodal facility, Federal funds can only 
support project elements that provide public benefits.
ii. Eligible Project Costs
    Eligible costs under the FASTLANE program include development phase 
activities, including planning, feasibility analysis, revenue 
forecasting, environmental review, preliminary engineering and design 
work, and other pre-construction activities, as well as construction, 
reconstruction, rehabilitation, acquisition of real property, 
environmental mitigation, construction contingencies, acquisition of 
equipment, and operational improvements directly related to system 
performance.
iii. Minimum Project Size Requirement
    For the purposes of determining whether a project meets the minimum 
project size requirement, the Department will count all future eligible 
project costs under the award and some related costs incurred before 
selection for an FASTLANE grant. Previously incurred costs will be 
counted toward the minimum project size requirement only if they were 
eligible project costs under Section C.3.ii. and were expended as part 
of the project for which the applicant seeks funds. Although those 
previously incurred costs may be used for meeting the minimum project 
size thresholds described in this Section, they cannot be reimbursed 
with FASTLANE grant funds, nor will the count toward the project's 
required non-Federal share.
a. Large Projects
    The minimum project size for large projects is the lesser of $100 
million; 30 percent of a State's FY 2016 Federal-aid apportionment if 
the project is located in one State; or 50 percent of the larger 
participating State's FY 2016 apportionment for projects located in 
more than one State. The following chart identifies the minimum total 
project cost for projects for FY 2017 for both single and multi-State 
projects.

------------------------------------------------------------------------
                                                                Multi-
                                                   One-State     State
                      State                         minimum    minimum *
                                                  (millions)  (millions)
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Alabama.........................................        $100        $100
Alaska..........................................         100         100

[[Page 76691]]

 
Arizona.........................................         100         100
Arkansas........................................         100         100
California......................................         100         100
Colorado........................................         100         100
Connecticut.....................................         100         100
Delaware........................................          51          86
Dist. of Col....................................          49          81
Florida.........................................         100         100
Georgia.........................................         100         100
Hawaii..........................................          51          86
Idaho...........................................          87         100
Illinois........................................         100         100
Indiana.........................................         100         100
Iowa............................................         100         100
Kansas..........................................         100         100
Kentucky........................................         100         100
Louisiana.......................................         100         100
Maine...........................................          56          94
Maryland........................................         100         100
Massachusetts...................................         100         100
Michigan........................................         100         100
Minnesota.......................................         100         100
Mississippi.....................................         100         100
Missouri........................................         100         100
Montana.........................................         100         100
Nebraska........................................          88         100
Nevada..........................................         100         100
New Hampshire...................................          50          84
New Jersey......................................         100         100
New Mexico......................................         100         100
New York........................................         100         100
North Carolina..................................         100         100
North Dakota....................................          76         100
Ohio............................................         100         100
Oklahoma........................................         100         100
Oregon..........................................         100         100
Pennsylvania....................................         100         100
Puerto Rico.....................................          47          74
Rhode Island....................................          67         100
South Carolina..................................         100         100
South Dakota....................................          86         100
Tennessee.......................................         100         100
Texas...........................................         100         100
Utah............................................         100         100
Vermont.........................................          62         100
Virginia........................................         100         100
Washington......................................         100         100
West Virginia...................................         100         100
Wisconsin.......................................         100         100
Wyoming.........................................          78         100
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* For multi-State projects, the minimum project size is the largest of
  the multi-State minimums from the participating States.

b. Small Projects
    A small project is an eligible project that does not meet the 
minimum project size described in Section C.3.iii.a.
iv. Rural/Urban Area
    The FASTLANE statute defines a rural area as an area outside an 
Urbanized Area \4\ with a population of over 200,000. In this notice, 
urban area is defined as inside an Urbanized Area, as a designated by 
the U.S. Census Bureau, with a population of 200,000 or more.\5\ Cost 
share requirements and minimum grant awards are the same for projects 
located in rural and urban areas. The Department will consider a 
project to be in a rural area if the majority of the project 
(determined by geographic location(s) where the majority of the money 
is to be spent) is located in a rural area. Rural and urban definitions 
differ in some other USDOT programs, including TIFIA and the FY 2016 
TIGER Discretionary Grants Program.
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    \4\ For Census 2010, the Census Bureau defined an Urbanized Area 
(UA) as an area that consists of densely settled territory that 
contains 50,000 or more people. Updated lists of UAs are available 
on the Census Bureau Web site at https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the FASTLANE program, 
Urbanized Areas with populations fewer than 200,000 will be 
considered rural.
    \5\ See www.transportation.gov/FASTLANEgrants for a list of 
Urbanized Areas with a population of 200,000 or more.
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v. Application Limit
    To encourage applicants to prioritize their FASTLANE submissions, 
each eligible applicant may submit no more than three applications. The 
three-application limit applies only to applications where the 
applicant is the lead applicant. There is no limit on applications for 
which an applicant can be listed as a partnering agency. If a lead 
applicant submits more than three applications as the lead applicant, 
only the first three received will be considered.
vi. Project Components
    An application may describe a project that contains more than one 
component, and may describe components that may be carried out by 
parties other than the applicant. Applicants should clearly identify 
all highway, bridge, and freight-related components comprising the 
total project. The USDOT may award funds for a component, instead of 
the larger project, if that component (1) independently meets minimum 
award amounts described in Section B and all eligibility requirements 
described in Section C; (2) independently aligns well with the 
selection criteria specified in Section E; and (3) meets National 
Environmental Policy Act (NEPA) requirements with respect to 
independent utility. Independent utility means that the component will 
represent a transportation improvement that is usable and represents a 
reasonable expenditure of USDOT funds even if no other improvements are 
made in the area, and will be ready for intended use upon completion of 
that component's construction. All project components that are 
presented together in a single application must demonstrate a 
relationship or connection with one another. (See Section D.2.f. for 
Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and upon applicable Federal law, USDOT 
funding of only some project components may make other project 
components subject to Federal requirements as described in Section F.2.
    The USDOT strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested FASTLANE funding for each 
component. If the application identifies one or more independent 
project components, the application should clearly identify how each 
independent component addresses selection criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses selection criteria.

D. Application and Submission Information

1. Address

    Applications must be submitted through www.Grants.gov. Instructions 
for submitting applications can be found at https://www.transportation.gov/buildamerica/FASTLANEgrants.

2. Content and Form of Application

    The application must include the Standard Form 424 (Application for 
Federal Assistance), Standard Form 424C (Budget Information for 
Construction Programs), cover page, and the Project Narrative. More 
detailed information about the cover page and Project Narrative 
follows.
i. Cover Page Including the Following Chart

------------------------------------------------------------------------
                Project name
------------------------------------------------------------------------
Was a FASTLANE application for this project  Yes/no.
 submitted previously?.
If yes, what was the name of the project in
 the previous application?

[[Page 76692]]

 
Previously Incurred Project Cost...........  $.
Future Eligible Project Cost...............  $.
Total Project Cost.........................  $.
FASTLANE Request...........................  $.
Total Federal Funding (including FASTLANE).  $.
Are matching funds restricted to a specific  Yes/no.
 project component? If so, which one?.
Is the project or a portion of the project   Yes/no.
 currently located on National Highway
 Freight Network?.
Is the project or a portion of the project   Yes/no (for each question).
 located on the NHS?.
     Does the project add capacity
     to the Interstate system?
     Is the project in a national
     scenic area?
Do the project components include a railway- Yes/no.
 highway grade crossing or grade separation
 project?.
     If so, please include the
     grade crossing ID.
Do the project components include an         Yes/no.
 intermodal or freight rail project, or
 freight project within the boundaries of a
 public or private freight rail, water
 (including ports), or intermodal facility?.
If answered yes to either of the two
 component questions above, how much of
 requested FASTLANE funds will be spent on
 each of these projects components?.
State(s) in which project is located
Small or large project.....................  Small/Large.
Urbanized Area in which project is located,
 if applicable.
Population of Urbanized Area
Is the project currently programmed in the:
     TIP                             Yes/no (please specify in
     STIP..........................   which plans the project is
     MPO Long Range Transportation    currently programmed).
     Plan.
     State Long Range
     Transportation Plan.
     State Freight Plan?...........
------------------------------------------------------------------------

ii. Summary of Changes
    If a FASTLANE application for this project was previously 
submitted, please describe any changes between the FY 2016 and FY 2017 
applications. The changes should be summarized on a single page 
following the Cover Page AND highlighted throughout the application on 
a section-by-section basis. Because the evaluation criteria described 
in this notice do not differ from the criteria in the FY 2016 
solicitation and because USDOT requires applications to be submitted 
within 45 days of this notice, USDOT anticipates that some FY 2016 
applicants who did not receive FY 2016 awards will resubmit their 
applications with few or no changes.
iii. Project Narrative
    The USDOT recommends that the project narrative adhere to the 
following basic outline to clearly address the program requirements and 
make critical information readily apparent:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. Project Description....................  See D.2.iii.a.
II. Project Location......................  See D.2.iii.b.
III. Project Parties......................  See D.2.iii.c.
IV. Sources and Uses of all Project         See D.2.iii.d.
 Funding.
V. Merit Criteria.........................  See E.1.i. a,b,c,d and
                                             E.1.ii.a.b.
VI. Large/Small Project Requirements......  See E.1.iii.
VII. Cost Effectiveness...................  See D.2.iii.e.
VIII. Project Readiness...................  See D.2.iii.f.
------------------------------------------------------------------------

    The application should include information required for USDOT to 
determine that the project satisfies project requirements described in 
Sections B and C and to assess the selection criteria specified in 
Section E.1. To the extent practicable, applicants should provide data 
and evidence of project merits in a form that is verifiable or publicly 
available. The USDOT may ask any applicant to supplement data in its 
application, but expects applications to be complete upon submission.
    In addition to a detailed statement of work, detailed project 
schedule, and detailed project budget, the project narrative should 
include a table of contents, maps, and graphics, as appropriate to make 
the information easier to review. The USDOT recommends that the project 
narrative be prepared with standard formatting preferences. (i.e., a 
single-spaced document, using a standard 12-point font such as Times 
New Roman, with 1-inch margins.) The project narrative may not exceed 
25 pages in length, excluding cover pages and table of contents. The 
only substantive portions that may exceed the 25-page limit are 
supporting documents to support assertions or conclusions made in the 
25-page project narrative. If possible, Web site links to supporting 
documentation should be provided rather than copies of these supporting 
materials. If supporting documents are submitted, applicants should 
clearly identify within the project narrative the relevant portion of 
the project narrative that each supporting document supports. At the 
applicant's discretion, relevant materials provided previously to a 
modal administration in support of a different USDOT financial 
assistance program may be referenced and described as unchanged. The 
USDOT recommends using appropriately descriptive final names (e.g., 
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and 
Letters of Support,'' etc.) for all attachments. The USDOT recommends 
applications include the following sections:
    a. Project Description including a description of the project size, 
including previously incurred expenses, to show the project meets 
minimum project size requirements, a description of what requested 
FASTLANE and matching funds will support, how the project is nationally 
or regionally significant, information on the expected users of the 
project, a description of the transportation challenges the project 
aims to address, and how the project will address these challenges. The 
description should include relevant data for before and after the 
project is built, such as passenger and freight volumes, congestion 
levels, infrastructure condition, and safety experience, including 
citations for data sources. Examples of potentially relevant data can 
be found at www.transportation.gov/FASTLANEgrants, but USDOT

[[Page 76693]]

encourages applicants to identify the most relevant information for 
their project.
    b. Project Location including a detailed description of the 
proposed project and geospatial data for the project, as well as a map 
of the project's location and its connections to existing 
transportation infrastructure. If the project is located within the 
boundary of a Census-designated Urbanized Area, the application should 
identify the Urbanized Area.
    c. Project Parties including information about the grant recipient 
and other affected public and private parties who are involved in 
delivering the project, such as port authorities, terminal operators, 
freight railroads, shippers, carriers, freight-related associations, 
third-party logistics providers, and the freight industry workforce.
    d. Grant Funds, Sources and Uses of Project Funds including 
information to demonstrate the viability and completeness of the 
project's financing package, assuming the availability of the requested 
FASTLANE grant funds. The applicant should show evidence of stable and 
reliable capital and (as appropriate) operating fund commitments 
sufficient to cover estimated costs; the availability of contingency 
reserves should planned capital or operating revenue sources not 
materialize; evidence of the financial condition of the project 
sponsor; and evidence of the grant recipient's ability to manage 
grants. At a minimum, applicants should include:
    (i) Future eligible cost, as defined in Section C.3.ii-iii.
    (ii) Availability and commitment of all committed and expected 
funding sources and uses of all project funds for future eligible 
project costs, including the identity of all parties providing funds 
for the project and their percentage shares; any restrictions attached 
to specific funds; compliance or a schedule for compliance with all 
conditions applicable to each funding source, and, to the extent 
possible, funding commitment letters from non-Federal sources.
    (iii) Federal funds already provided and the size, nature, and 
source of the required match for those funds, as well as pending or 
past Federal funding requests for the project. This information should 
demonstrate that the requested FASTLANE funds do not exceed 60 percent 
of future eligible project costs and that total Federal funding will 
not exceed 80 percent of future eligible project costs. This 
information should also show that local share for the FASTLANE grant is 
not counted as the matching requirement for another Federal program.
    (iv) A detailed project budget containing a breakdown of how the 
funds will be spent. That budget should estimate--both dollar amount 
and percentage of cost--the cost of work for each project component. If 
the project will be completed in individual segments or phases, a 
budget for each individual segment or phase should be included. Budget 
spending categories should be broken down between FASTLANE, other 
Federal, and non-Federal sources, and this breakdown should also 
identify how each funding source will share in each activity.
    (v) Amount of requested FASTLANE funds that will be spent on 
highway, bridge, freight intermodal or freight rail, port, grade 
crossing or grades separation project components.
    e. Cost-Effectiveness analysis should demonstrate that the project 
is likely to deliver its anticipated benefits at reasonable costs. 
Applicants should delineate each of their project's expected outputs 
and costs in the form of a complete Benefit-Cost Analysis (BCA) to 
enable the Department to consider cost-effectiveness (small projects) 
or determine whether the project is cost effective (for large 
projects). The primary economic benefits from projects eligible for 
FASTLANE grants are likely to include time savings for passenger travel 
and freight shipments, improvements in transportation safety, reduced 
damages from emissions of greenhouse gases and criteria air pollutants, 
and savings in maintenance costs to public agencies. Applicants should 
submit a BCA in support of each project for which they seek funding 
that quantifies each of these benefits, provides monetary estimates of 
their economic value, and compares the properly-discounted present 
values of these benefits to the project's estimated costs. Where 
applicants cannot adequately monetize benefits, they are urged to 
identify non-monetary measures for other categories of benefits 
(examples below) to assist the Department in making cost-effectiveness 
and other determinations about projects.
    Many projects are likely to generate other categories of benefits 
that are more difficult to quantify and value in economic terms, but 
are nevertheless important considerations in determining whether a 
proposed project is cost-effective. These may include impacts such as 
improving the reliability of passenger travel times or freight 
deliveries, improvements to the existing human and natural environments 
surrounding the project, increased connectivity, access, and mobility, 
benefits to public health, stormwater runoff mitigation, and noise 
reduction. Applicants should identify each category of impact or 
benefits that is not already included in the estimated dollar value of 
their project's benefits (as described above), and wherever possible 
provide numerical estimates of the magnitude and timing of each of 
these additional impacts.
    For the purpose of evaluating cost-effectiveness, project costs 
should include those for constructing, operating, and maintaining the 
proposed project, including a detailed breakdown of those costs by 
spending category and the expected timing or schedule for costs in each 
category.
    To assist in USDOT's cost-effectiveness evaluation, applicants 
should provide all relevant files used for their BCA, including any 
spreadsheet files and technical memos describing the analysis (whether 
created in-house or by a contractor). The spreadsheets and technical 
memos should present the calculations in sufficient detail to allow the 
analysis to be reproduced by USDOT evaluators. Detailed guidance for 
estimating some types of quantitative benefits and costs, together with 
recommended economic values for converting them to dollar terms and 
discounting to their present values, are available in USDOT's guidance 
for conducting BCAs for projects seeking funding under the FASTLANE 
program (see https://www.transportation.gov/buildamerica/FASTLANEgrants).
    Applicants for freight projects within the boundaries of a freight 
rail, water (including ports), or intermodal facility should also 
quantify the benefits of their proposed projects for freight movements 
on the National Highway Freight Network, and should demonstrate that 
the Federal share of the project funds only elements of the project 
that provide public benefits.
    f. Project Readiness including information to demonstrate that the 
project is reasonably expected to begin construction in a timely 
manner. For a large project, the Department cannot award a project that 
is not reasonably expected to begin construction within 18 months of 
obligation of funds for the project. The Department will determine that 
large projects with an obligation date beyond September 30, 2020 are 
not reasonably expected to begin construction within 18 months of 
obligation. Obligation occurs when a selected applicant and USDOT enter 
a written, project-specific agreement and is generally after the 
applicant has satisfied applicable administrative requirements, 
including transportation

[[Page 76694]]

planning and environmental review requirements. Depending on the nature 
of pre-construction activities included in the awarded project, the 
Department may obligate funds in phases.
    Preliminary engineering and right-of-way acquisition activities, 
such as environmental review, design work, and other preconstruction 
activities, do not fulfill the requirement to begin construction within 
18 months of obligation for large projects.
    To assist the Department's project readiness determination, the 
Department will consider information provided in this Section D.2.ii.d. 
(Grant Funds, Sources and Uses of Project Funds) in addition to the 
following information:
    (i) Technical Feasibility. The technical feasibility of the project 
should be demonstrated by engineering and design studies and 
activities; the development of design criteria and/or a basis of 
design; the basis for the cost estimate presented in the FASTLANE 
application, including the identification of contingency levels 
appropriate to its level of design; and any scope, schedule, and budget 
risk-mitigation measures. Applicants should include a detailed 
statement of work that focuses on the technical and engineering aspects 
of the project and describes in detail the project to be constructed.
    (ii) Project Schedule. The applicant should include a detailed 
project schedule that identifies all major project milestones. Examples 
of such milestones include State and local planning approvals 
(programming on the STIP), start and completion of NEPA and other 
environmental reviews and approvals including permitting; design 
completion; right of way acquisition; approval of plan, specification 
and estimate (PS&E); procurement; State and local approvals; project 
partnership and implementation agreements including agreements with 
railroads; and construction. The project schedule should be 
sufficiently detailed to demonstrate that:
    (a) All necessary activities will be complete to allow grant funds 
to be obligated sufficiently in advance of the statutory deadline, and 
that any unexpected delays will not put the funds at risk of expiring 
before they are obligated;
    (b) the project can begin construction quickly upon receipt of a 
FASTLANE grant, and that the grant funds will be spent expeditiously 
once construction starts; and
    (c) all property and/or right-of-way acquisition will be completed 
in a timely manner in accordance with 49 CFR part 24 and other legal 
requirements or a statement that no acquisition is necessary.
(iii) Required Approvals
    (a) Environmental Permits and Reviews: As noted in Section 
D.2.ii.f.iii above, the application should demonstrate receipt (or 
reasonably anticipated receipt) of all environmental approvals and 
permits necessary for the project to proceed to construction on the 
timeline specified in the project schedule and necessary to meet the 
statutory obligation deadline, including satisfaction of all Federal, 
State and local requirements and completion of the NEPA process. 
Although Section C.3.vi (Project Components) of this notice encourages 
applicants to identify independent project components, those components 
may not be separable for the NEPA process. In such cases, the NEPA 
review for the independent project component may have to include 
evaluation of all project components as connected, similar, or 
cumulative actions, as detailed at 40 CFR 1508.25. In addition, the 
scope of the NEPA decision may affect the applicability of the Federal 
requirements on the project described in the application. Specifically, 
the application should include:
    (1) Information about the NEPA status of the project. If the NEPA 
process is completed, an applicant should indicate the date of, and 
provide a Web site link or other reference to the final Categorical 
Exclusion, Finding of No Significant Impact, Record of Decision, or any 
other NEPA documents prepared. If the NEPA process is underway but not 
complete, the application should detail the type of NEPA review 
underway, where the project is in the process, and indicate the 
anticipated date of completion of all milestones and of the final NEPA 
determination. If the NEPA documents are approaching ten years old, the 
applicant should include a proposed approach for updating this 
material.
    (2) Information on reviews, approvals, and permits by other 
agencies. An application should indicate whether the proposed project 
requires reviews or approval actions by other agencies,\6\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and or demonstrate compliance with 
any other applicable Federal, State, or local requirements. Applicants 
should provide a Web site link or other reference to copies of any 
reviews, approvals, and permits prepared.
---------------------------------------------------------------------------

    \6\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
---------------------------------------------------------------------------

    (3) Environmental studies or other documents--preferably through a 
Web site link--that describe in detail known project impacts, and 
possible mitigation for those impacts.
    (4) A description of discussions with the appropriate USDOT modal 
administration field or headquarters office regarding compliance with 
NEPA and other applicable environmental reviews and approvals.
    (5) A description of public engagement to date about the project 
including the degree to which public comments and commitments have been 
integrated into project development and design.
    b. State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as local government funding commitments or TIF approval. Additional 
support from relevant State and local officials is not required; 
however, an applicant should demonstrate that the project is broadly 
supported.
    c. State and Local Planning. The planning requirements of the 
operating administration administering the FASTLANE project will 
apply,\7\ including intermodal projects located at airport 
facilities.\8\ Applicants should

[[Page 76695]]

demonstrate that a project that is required to be included in the 
relevant State, metropolitan, and local planning documents has been or 
will be included. If the project is not included in the relevant 
planning documents at the time the application is submitted, the 
applicant should submit a statement from the appropriate planning 
agency that actions are underway to include the project in the relevant 
planning document.
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    \7\ In accordance with 23 U.S.C. 134 and 135, all projects 
requiring an action by the Federal Highway Administration (FHWA) 
must be in the metropolitan transportation plan, transportation 
improvement program (TIP) and statewide transportation improvement 
program (STIP). Further, in air quality non-attainment and 
maintenance areas, all regionally significant projects, regardless 
of the funding source, must be included in the conforming 
metropolitan transportation plan and TIP. To the extent a project is 
required to be on a metropolitan transportation plan, TIP, and/or 
STIP, it will not receive a FASTLANE grant until it is included in 
such plans. Projects not currently included in these plans can be 
amended by the State and metropolitan planning organization (MPO). 
Projects that are not required to be in long range transportation 
plans, STIPs, and TIPs will not need to be included in such plans in 
order to receive a FASTLANE grant. Port, freight rail, and 
intermodal projects are not required to be on the State Rail Plans 
called for in the Passenger Rail Investment and Improvement Act of 
2008. However, applicants seeking funding for freight projects are 
encouraged to demonstrate that they have done sufficient planning to 
ensure that projects fit into a prioritized list of capital needs 
and are consistent with long-range goals. Means of demonstrating 
this consistency would to include the projects in TIPs or a State 
Freight Plan that conforms to the requirements Section 70202 of 
Title 49 prior to the start of construction. Port planning 
guidelines are available at StrongPorts.gov.
    \8\ Projects at grant obligated airports, must be compatible 
with the FAA-approved Airport Layout Plan (ALP), as well as 
aeronautical surfaces associated with the landing and takeoff of 
aircraft at the airport. Additionally, projects at an airport: must 
comply with established Sponsor Grant Assurances, including (but not 
limited to) requirements for non-exclusive use facilities, 
consultation with users, consistency with local plans including 
development of the area surrounding the airport, and consideration 
of the interest of nearby communities, among others; and must not 
adversely affect the continued and unhindered access of passengers 
to the terminal.
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    To the extent possible, freight projects should be included in a 
State Freight Plan and supported by a State Freight Advisory Committee 
(49 U.S.C. 70201, 70202). Applicants should provide links or other 
documentation supporting this consideration.
    Because projects have different schedules, the construction start 
date for each FASTLANE grant will be specified in the project-specific 
agreements signed by relevant modal administration and the grant 
recipients and will be based on critical path items identified by 
applicants in response to items (iv)(a) through (c) above, and be 
consistent with other relevant State or local plan, including bicycle 
and pedestrian plans, economic development plans, local land-use plans, 
and water and coastal zone management plans.
    (iv) Assessment of Project Risks and Mitigation Strategies. Project 
risks, such as procurement delays, environmental uncertainties, 
increases in real estate acquisition costs, uncommitted local match, or 
lack of legislative approval, affect the likelihood of successful 
project start and completion. The applicant should identify the 
material risks to the project and the strategies that the lead 
applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. Information provided in response to 
Section D.2.ii.f.i-iv above should be referenced in developing this 
assessment. The applicant should assess the greatest risks to the 
project and identify how the project parties will mitigate those risks. 
The USDOT will consider projects that contain risks, but expects the 
applicant to clearly and directly describe achievable mitigation 
strategies.
    The applicant, to the extent it is unfamiliar with the Federal 
program, should contact USDOT modal field or headquarters offices as 
found at www.transportation.gov/FASTLANEgrants for information on what 
steps are pre-requisite to the obligation of Federal funds in order to 
ensure that their project schedule is reasonable and that there are no 
risks of delays in satisfying Federal requirements.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant must: (1) Be registered in SAM before submitting its 
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 it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency. The USDOT may not make a FASTLANE grant to an 
applicant until the applicant has complied with all applicable unique 
entity identifier and SAM requirements and, if an applicant has not 
fully complied with the requirements by the time USDOT is ready to make 
an FASTLANE grant, USDOT may determine that the applicant is not 
qualified to receive an FASTLANE grant and use that determination as a 
basis for making an FASTLANE grant to another applicant.

4. Submission Dates and Timelines

i. Deadline
    Applications must be submitted by 8:00 p.m. EST on December 15, 
2016. The Grants.gov ``Apply'' function will open by November 14, 2016. 
The Department has determined that an application deadline fewer than 
60 days after this notice is published is appropriate because the 
accelerated timeline is necessary to satisfy the statutory 60-day 
Congressional notification requirement, as well as to ensure the timely 
obligation of available funds.
    To submit an application through Grants.gov, applicants must:
    a. Obtain a Data Universal Numbering System (DUNS) number:
    b. Register with the System Award for Management (SAM) at 
www.sam.gov;
    c. Create a Grants.gov username and password; and
    d. The E-business Point of Contact (POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the POC as an Authorized Organization 
Representative (AOR). Please note that there can only be one AOR per 
organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and late applications that are the result of 
failure to register or comply with Grants.gov applicant requirements in 
a timely manner will not be considered. For information and instruction 
on each of these processes, please see instructions at https://www.grants.gov/web/grants/applicants/applicant-faqs.html. If interested 
parties experience difficulties at any point during the registration or 
application process, please call the Grants.gov Customer Service 
Support Hotline at 1 (800) 518-4726, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EST.
ii. Consideration of Application
    Only applicants who comply with all submission deadlines described 
in this notice and submit applications through Grants.gov will be 
eligible for award. Applicants are strongly encouraged to make 
submissions in advance of the deadline.
iii. Late Applications
    Applications received after the deadline will not be considered 
except in the case of unforeseen technical difficulties outlined in 
Section 4.iv.
iv. Late Application Policy
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact FASTLANEgrants@dot.gov 
prior to the application deadline with the user name of the registrant 
and details of the technical issue experienced. The applicant must 
provide:
    a. Details of the technical issue experienced;
    b. Screen capture(s) of the technical issues experienced along with 
corresponding Grants.gov ``Grant tracking number'';
    c. The ``Legal Business Name'' for the applicant that was provided 
in the SF-424;
    d. The AOR name submitted in the SF-424;
    e. The DUNS number associated with the application; and
    f. The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its Web site; (3) failure to follow all of the 
instructions in this notice of funding opportunity; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment. After USDOT staff review all information 
submitted and contact

[[Page 76696]]

the Grants.gov Help Desk to validate reported technical issues, USDOT 
staff will contact late applicants to approve or deny a request to 
submit a late application through Grants.gov. If the reported technical 
issues cannot be validated, late applications will be rejected as 
untimely.

E. Application Review Information

1. Criteria

i. Merit Criteria
    For both large and small projects, the Department will consider the 
extent to which the project addresses the following criteria:
a. Economic Outcomes
    Improving the efficiency and reliability of the surface 
transportation system at the regional or national level to increase the 
global economic competitiveness of the United States, including 
improving connectivity between freight modes of transportation, 
improving roadways vital to national energy security, facilitating 
freight movement across land border crossings, and addressing the 
impact of population growth on the movement of people and freight.
b. Mobility Outcomes
    Improving the movement of people and goods by maintaining highways, 
bridges, and freight infrastructure in a state of good repair, 
enhancing the resiliency of critical surface transportation 
infrastructure, and significantly reducing highway congestion and 
bottlenecks.
c. Safety Outcomes
    Achieving a significant reduction in traffic fatalities and serious 
injuries on the surface transportation system, as well as improving 
interactions between roadway users, reducing the likelihood of 
derailments or high consequence events, and improving safety in 
transporting certain types of commodities.
d. Community and Environmental Outcomes
    How and whether the project mitigates harm to communities and the 
environment, extends benefits to the human and natural environment, or 
enhances personal mobility and accessibility. This includes reducing 
the negative effects of existing infrastructure, removing barriers, 
avoiding harm to the human and natural environment, and using design 
improvements to enhance access (where appropriate) and environmental 
quality for affected communities. Projects should also reflect 
meaningful community input provided during project development.
ii. Other Review Criteria
a. Partnership and Innovation
    Demonstrating strong collaboration among a broad range of 
stakeholders or using innovative strategies to pursue primary outcomes 
listed above including efforts to reduce delivery delays. Additional 
consideration will be given for the use of innovative and flexible 
designs and construction techniques or innovative technologies.
b. Cost Share
    FASTLANE grants must have one or more stable and dependable sources 
of funding and financing to construct, maintain, and operate the 
project, subject to the parameters in Section C.2. Applicants should 
provide sufficient information to demonstrate that the project cannot 
be easily and efficiently completed without other Federal funding or 
financial assistance available to the project sponsor. Additional 
consideration will be given to the use of nontraditional financing, as 
well as the use of non-Federal contributions. The Department may 
consider the form of cost sharing presented in an application. Firm 
commitments of cash that indicate a complete project funding package 
and demonstrate local support for the project are more competitive than 
other forms of cost sharing.
iii. Large/Small Project Requirements
    For a large project to be selected, the Department must determine 
that the project generates national or regional economic, mobility, or 
safety benefits; is cost-effective; contributes to one or more of the 
goals described in 23 U.S.C 150; is based on the results of preliminary 
engineering; has one or more stable and dependable funding or financing 
sources available to construct, maintain, and operate the project, and 
contingency amounts are available to cover unanticipated cost 
increases; cannot be easily and efficiently completed without other 
Federal funding or financial assistance; and is reasonably expected to 
begin construction no later than 18 months after the date of 
obligation. These requirements have been translated into a question 
format in the table below. If you are applying for an award for a large 
project, use this section to provide specific evidence on how your 
project addresses these requirements, or refer to where the evidence 
can be found elsewhere in your application.

1. Does the project generate national or regional economic, mobility, 
safety benefits?
2. Is the project cost effective?
3. Does the project contribute to one or more of the Goals listed under 
23 USC 150 (and shown below)?
    (b) National Goals.--It is in the interest of the United States to 
focus the Federal-aid highway program on the following national goals:
    (1) Safety.--To achieve a significant reduction in traffic 
fatalities and serious injuries on all public roads.
    (2) Infrastructure condition.--To maintain the highway 
infrastructure asset system in a state of good repair.
    (3) Congestion reduction.--To achieve a significant reduction in 
congestion on the NHS.
    (4) System reliability.--To improve the efficiency of the surface 
transportation system.
    (5) Freight movement and economic vitality.--To improve the 
national freight network, strengthen the ability of rural communities 
to access national and international trade markets, and support 
regional economic development.
    (6) Environmental sustainability.--To enhance the performance of 
the transportation system while protecting and enhancing the natural 
environment.
    (7) Reduced project delivery delays.--To reduce project costs, 
promote jobs and the economy, and expedite the movement of people and 
goods by accelerating project completion through eliminating delays in 
the project development and delivery process, including reducing 
regulatory burdens and improving agencies' work practices.
4. Is the project based on the results of preliminary engineering?
5a. With respect to non-federal financial commitments, does the project 
have one or more stable and dependable funding or financing sources to 
construct, maintain, and operate the project?
5b. Are contingency amounts available to cover unanticipated cost 
increases?
6. Is it the case that the project cannot be easily and efficiently 
completed without other federal funding or financial assistance 
available to the project sponsor?
7. Is the project reasonably expected to begin construction not later 
than 18 months after the date of obligation of funds for the project?

    In responding to the Large Project Requirements, here are some 
guidelines

[[Page 76697]]

which may assist you in completing your application:

--National or regional economic, mobility, and safety benefits, as well 
as a contribution to national goals, are often demonstrated in the 
Merit Criteria section of the application.
--NEPA completion is a sufficient indication the project is based on 
the results of preliminary engineering. For more information on 
preliminary engineering activities, please see: https://www.fhwa.dot.gov/federalaid/150311.cfm.
--Historical trends, current policy, or future feasibility analyses can 
be used as evidence to substantiate the stable and dependable nature of 
the non-federal funding or financing committed to the project 
construction, operation, and maintenance.
--Contingency amounts are often, but not always, expressly shown in 
project budgets or the SF-424C. If your project cost estimates include 
an implicit contingency calculation, please say so directly.
--Discussing the impact that not having any federal funding, including 
a FASTLANE grant, would have on project's schedule, cost, or likelihood 
of completion, can help convey whether a project can be completed as 
easily or efficiently without federal funding available to the project 
sponsor.

    2. For a small project to be selected, the Department must consider 
the cost effectiveness of the proposed project and the effect of the 
proposed project on mobility in the State and region in which the 
project is carried out. If you are applying for an award for a small 
project, use this section to provide specific evidence on how your 
project addresses these requirements, or refer to where the evidence 
can be found elsewhere in your application.

3. Review and Selection Process

i. USDOT Review
    The USDOT will review all eligible applications received before the 
application deadline. The FASTLANE process consists of a Technical 
Evaluation phase and Senior Review. In the Technical Evaluation phase 
teams will, for each project, determine whether the project satisfies 
statutory requirements and rate how well it addresses selection 
criteria. The Senior Review Team will consider the applications and the 
technical evaluations to determine which projects to advance to the 
Secretary for consideration. Evaluations in both the Technical 
Evaluation and Senior Review Team phases will place projects into 
rating categories, not assign numerical scores. The Secretary will 
select the projects for award. A Quality Control and Oversight Team 
will ensure consistency across project evaluations and appropriate 
documentation throughout the review and selection process. The FAST Act 
requires Congressional notification, in writing, at least 60 days 
before making a FASTLANE grant.

4. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider 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.

F. Federal Award Administration Information

1. Federal Award Notices

    Following the evaluation outlined in Section E, the Secretary will 
announce awarded projects by posting a list of selected projects at 
https://www.transportation.gov/buildamerica/FASTLANEgrants. Following 
the announcement, the Department will contact the point of contact 
listed in the SF 424 to initiate negotiation of a project specific 
agreement.

2. Administrative and National Policy Requirements

    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by USDOT at 2 CFR 
part 1201. Additionally, applicable Federal laws, rules and regulations 
of the relevant modal administration administering the project will 
apply to the projects that receive FASTLANE grants, including planning 
requirements, Stakeholder Agreements, Buy America compliance, and other 
requirements under USDOT's other highway, transit, rail, and port grant 
programs. A project carried out under this FASTLANE program will be 
treated as if the project is located on a Federal-aid highway. For an 
illustrative list of the applicable laws, rules, regulations, executive 
orders, policies, guidelines, and requirements as they relate to an 
FASTLANE, please see https://www.ops.fhwa.dot.gov/Freight/infrastructure/nsfhp/fy2016_gr_exhbt_c/index.htm.

3. Reporting

i. Progress Reporting on Grant Activity
    Each applicant selected for an FASTLANE grant must submit the 
Federal Financial Report (SF-425) on the financial condition of the 
project and the project's progress, as well as an Annual Budget Review 
and Program Plan to monitor the use of Federal funds and ensure 
accountability and financial transparency in the FASTLANE program.
ii. Reporting of Matters Related to Integrity and Performance
    If the total value of a selected applicant's currently 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 this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the System for Award Management (SAM) that is 
made available in the designated integrity and performance system 
(currently the Federal Awardee Performance and Integrity Information 
System (FAPIIS)) about civil, criminal, or administrative proceedings 
described in paragraph 2 of this award term and condition. This is a 
statutory requirement under section 872 of Public Law 110-417, as 
amended (41 U.S.C. 2313). As required by section 3010 of Public Law 
111-212, all information posted in the designated integrity and 
performance system on or after April 15, 2011, except past performance 
reviews required for Federal procurement contracts, will be publicly 
available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Office of the Secretary via email at FASTLANEgrants@dot.gov. For more 
information about highway projects, please contact Crystal Jones at 
(202) 366-2976. For more information about maritime projects, please 
contact Robert Bouchard at (202) 366-5076. For more information about 
rail projects, please contact Stephanie Lawrence at (202) 493-1376. For 
more information about railway-highway grade crossing

[[Page 76698]]

projects, please contact Karen McClure at (202) 493-6417. For all other 
questions, please contact Howard Hill at (202) 366-0301. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, up to the application deadline, USDOT will post 
answers to common questions and requests for clarifications on USDOT's 
Web site at https://www.transportation.gov/buildamerica/FASTLANEgrants. 
To ensure applicants receive accurate information about eligibility or 
the program, the applicant is encouraged to contact USDOT directly, 
rather than through intermediaries or third parties, with questions.

H. Other Information

1. Invitation for Public Comment on the FY 2017 Notice

    The FAST Act authorized the FASTLANE program through FY 2020. This 
notice solicits applications for FY2017 only. The Department invites 
interested parties to submit comments about this notice's contents, the 
Department's implementation choices, as well as suggestions for 
clarification in future FASTLANE rounds. The Department may consider 
the submitted comments and suggestions when developing subsequent 
FASTLANE solicitations and guidance, but submitted comments will not 
affect the selection criteria for the FY 2017 round. Applications or 
comments about specific projects should not be submitted to the docket. 
Any application submitted to the docket will not be reviewed. Comments 
should be sent DOT-OST-2016-0016 by December 31, 2016, but, to the 
extent practicable, the Department will consider late filed comments.

2. Response to Comments on the FY 2016 Notice

    The Department received four comments in response to the FY16 
Notice of Funding Opportunity, published under docket DOT-OST-2016-
0022. The Department appreciates the feedback from our stakeholders.
    Two commenters addressed USDOT's intent to prioritize projects that 
enhance personal mobility and accessibility.\9\ Congress established 
multiple goals for the FASTLANE discretionary grant program, including 
the improvement of the safety, efficiency, and reliability of movement 
of both people and freight. It is the view of USDOT that considering 
the impact that transportation projects have on personal mobility and 
accessibility, particularly of disadvantaged groups, is entirely 
compatible with the goals of the program.
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    \9\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0005; https://www.regulations.gov/document?D=DOT-OST-2016-0022-0006.
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    Another goal for the program which was incorporated into USDOT's 
evaluation was the reduction of highway congestion and bottlenecks, 
including bottlenecks similar to the ``Missing Links'' described by one 
commenter.\10\
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    \10\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0003.
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    Two commenters requested that the USDOT publish a full list of 
applications for FASTLANE funding.\11\ USDOT has published such a list 
at https://www.transportation.gov/buildamerica/FASTLANEgrants.
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    \11\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0005; https://www.regulations.gov/document?D=DOT-OST-2016-0022-0006.
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    Finally, one commenter encouraged DOT to change the population 
eligibility criteria for Metropolitan Planning Organizations.\12\ Under 
23 U.S.C. 117(c)(1)(B), an MPO that serves an urbanized area with a 
population of more than 200,000 is an eligible applicant, and DOT lacks 
discretion to change that statutory threshold. However, if an MPO is 
organized as a unit of local government or a political subdivision of a 
State or local government, then that MPO satisfies other eligibility 
criteria and the size of the urbanized area that it serves does not 
affect eligibility.
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    \12\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0002.
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3. Protection of Confidential Business Information

    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 the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    The USDOT protects such information from disclosure to the extent 
allowed under applicable law. In the event USDOT receives a Freedom of 
Information Act (FOIA) request for the information, USDOT will follow 
the procedures described in its FOIA regulations at 49 CFR 7.17. Only 
information that is ultimately determined to be confidential under that 
procedure will be exempt from disclosure under FOIA.
    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations and 
funding amounts requested.

    Issued On: October 28, 2016.
Blair C. Anderson,
Under Secretary.
[FR Doc. 2016-26496 Filed 11-2-16; 8:45 am]
 BILLING CODE 4910-9X-P