Notice of Funding Opportunity for America's Marine Highway Projects, 20018-20023 [2020-07511]
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Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices
inspections. CN also submitted a written
Test Program providing a description of
the proposed tests and the geographic
scope of the testing territory.
The Test Program specifies that the
tests will be conducted on
approximately 1,204 miles of main line
and siding tracks on CN’s corridor
between Chicago and New Orleans,
spanning 11 subdivisions.
The Test Program is designed to test
autonomous track geometry
measurement systems and gradually
decrease manual visual inspections as
an alternative to FRA’s inspection
frequency requirements. CN indicates
that it will continue to use other
inspection technologies during the Test
Program, including: (1) Vehicle Track
Interaction monitoring systems; (2)
ultrasonic rail inspection systems; and
(3) optical joint bar inspection systems.
The Test Program will be carried out in
four separate phases over the course of
12 months, as detailed in Exhibit C of
the Test Program (available for review at
www.regulations.gov (docket number
FRA–2020–0014)).
After review and analysis of CN’s
petition for a Test Program, subject to
certain conditions designed to ensure
safety, FRA approved CN’s Test Program
and suspended the requirements of 49
CFR 213.233(b)(3) 1 and (c) as necessary
to carry out the Test Program. A copy
of FRA’s letter approving CN’s Test
Program and granting the requested
limited temporary suspension of 49 CFR
213.233(b)(3) and (c), as well as a
complete copy of the Test Program, is
available in docket number FRA–2020–
0014 at www.regulations.gov. FRA’s
letter approving CN’s Test Program and
granting the requested limited
temporary suspension of certain
regulations specifically details the
conditions CN will need to undertake
during the Test Program. As required by
49 CFR 211.51(c), FRA is providing this
explanatory statement describing the
Test Program.
As explained more fully in its
approval letter, FRA finds that the
temporary, limited suspension of 49
CFR 213.233(b)(3) and (c) is necessary to
the conduct of the approved Test
Program, which is specifically designed
to evaluate the effectiveness of new
automated track inspection technologies
and operational methods. Furthermore,
FRA also finds that the scope and
application of the granted suspension of
49 CFR 213.233(b)(3) and (c) as applied
to the Test Program are limited to that
necessary to conduct the Test Program.
Finally, FRA’s approval letter outlines
1 The suspension of 49 CFR 213.233(b)(3) only
applies to Phases 3 and 4 of the Test Program.
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the conditions of the Test Program that
will ensure standards sufficient to
assure safety.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2020–07427 Filed 4–8–20; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Notice of Funding Opportunity for
America’s Marine Highway Projects
Maritime Administration, DOT.
Notice of funding opportunity.
AGENCY:
ACTION:
This notice announces the
availability of funding for grants and
establishes selection criteria and
application requirements for the Short
Sea Transportation Program, commonly
referred to as the America’s Marine
Highway Program (AMHP). The purpose
of this program is to make grants
available to previously designated
Marine Highway Projects that support
the development and expansion of
documented vessels, or port and
landside infrastructure. The U.S.
Department of Transportation
(Department) will award Marine
Highway Grants to implement projects
or components of projects previously
designated by the Secretary of
Transportation (Secretary) under
AMHP. Only Marine Highway Projects
the Secretary designated before the
Notice of Funding Opportunity closing
date are eligible for funding as described
in this notice.
DATES: Applications must be received
by the Maritime Administration by 5
p.m. EDT on April 24, 2020.
ADDRESSES: Grant applications must be
submitted electronically using
Grants.gov (https://www.grants.gov).
Please be aware that you must complete
the Grants.gov registration process
before submitting your application, and
that the registration process usually
takes 2 to 4 weeks to complete.
Applicants are strongly encouraged to
make submissions in advance of the
deadline.
SUMMARY:
Fred
Jones, Office of Ports & Waterways
Planning, Room W21–311, Maritime
Administration, U.S. Department of
Transportation, 1200 New Jersey Ave.
SE, Washington, DC 20590, phone 202–
366–1123, or email Fred.Jones@dot.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
FOR FURTHER INFORMATION CONTACT:
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(FIRS) at 1–800–877–8339 to contact the
above individual during business hours.
The FIRS is available twenty-four hours
a day, seven days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: Each
section of this Notice contains
information and instructions relevant to
the application process for these Marine
Highway Grants, and all applicants
should read this Notice in its entirety so
that they have the information they
need to submit eligible and competitive
applications. Applications received after
the deadline will not be considered
except in the case of unforeseen
technical difficulties as outlined below
in Section D.4.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
A. Program Description
The Secretary, in accordance with 46
U.S.C. 55601, established a short sea
transportation grant program to
implement projects or components of
designated Marine Highway Projects.
The grant funds currently available are
for projects related to documented
vessels and port and landside
infrastructure.
The America’s Marine Highway
Program Office (Program Office) follows
a three-step approach when supporting
investment opportunities for Marine
Highway services. The first step is
designation of a Marine Highway Route
by the Secretary. The Department
accepts Marine Highway Route
Designation requests at any time from
Route Sponsors. Once a Route is
designated, the second step is
designation as a Marine Highway
Project by the Secretary. Marine
Highway Projects represent concepts for
new services or expansions of existing
marine highway services on designated
Marine Highway Routes that use
documented vessels and mitigate land
congestion or promote short sea
transportation. MARAD will announce
by notice in the Federal Register open
season periods to allow Project
Applicants opportunities to submit
Marine Highway Project Designation
applications. A Project Applicant must
receive a Project Designation for that
project to then become eligible for
Marine Highway Grant funding, the
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third step referenced above. Marine
Highway Grant funding (the subject of
this NOFO) is provided to successful
public and private sector applicants as
funds are appropriated by Congress.
The Further Consolidated
Appropriations Act, 2020 (Pub. L. 116–
94) appropriated $9,775,000 for Marine
Highway Grants.
B. Federal Award Information
The total funding available for awards
under this NOFO is $9,481,750, after
$293,250 is set aside for MARAD grant
administration and oversight.
MARAD will seek to obtain the
maximum benefit from the available
funding by awarding grants to as many
qualified projects as possible; however,
in accordance with 46 U.S.C.
55601(g)(3), MARAD shall give
preference to those projects or
components that present the most
financially viable transportation
services and require the lowest
percentage of Federal share of the costs.
Depending on the characteristics of the
pool of qualified applications, it is
possible MARAD may award all funds
to a single project. MARAD may also
award grants supporting a portion of a
project described in an application by
selecting discrete components. The start
date and period of performance for each
award will be determined by mutual
agreement of MARAD and each grant
recipient. MARAD will administer each
Marine Highway Grant pursuant to a
grant agreement with the Marine
Highway Grant recipient, and funds will
be administered on a reimbursable
basis.
Prior recipients of Marine Highway
Grants may apply for funding to support
additional phases of a designated
project. However, to be competitive, the
grant applicant should demonstrate the
extent to which the previously funded
project phase has met estimated project
schedules and budget, as well as the
ability to realize the benefits expected
for the new award.
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C. Eligibility Information
To be selected for a Marine Highway
Grant, an applicant must be an Eligible
Applicant, and the project must be an
Eligible Project.
1. Eligible Applicants
Eligible applicants for funding
available under this Notice are an
original Project Applicant of a project
that the Secretary has previously
designated as a Marine Highway Project
or a substitute (which can be either a
public entity or a private-sector entity
who has been referred to the Program
Office by the original Project Applicant,
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with a written explanation, as part of
the application). Original Project
Applicants are defined as those public
entities named by the Secretary in the
original designated project. Grant
applicants must have operational, or
administrative areas of responsibility,
that are adjacent to or near the relevant
designated Marine Highway Project.
Eligible grant applicants include State
governments (including State
departments of transportation),
metropolitan planning organizations,
port authorities, and tribal governments,
or private sector operators of marine
highway services within designated
Marine Highway Projects.
Grant applicants are encouraged to
develop coalitions and public/private
partnerships, which might include
vessel owners and operators; third-party
logistics providers; trucking companies;
shippers; railroads; port authorities;
state, regional, and local transportation
planners; environmental organizations;
impacted communities; or any
combination of entities working in
collaboration on a single grant
application that can be submitted by the
original Project Applicant or their
designated substitute. All successful
grant applicants, whether they are
public or private entities, must comply
with all Federal requirements.
If multiple applicants submit a joint
grant application, they must identify a
lead grant applicant as the primary
point of contact. Joint grant applications
must include a description of the roles
and responsibilities of each applicant,
including designating the one entity that
will receive the Federal funds directly
from MARAD, and must be signed by
each applicant.
2. Cost Sharing or Matching
An applicant must provide at least 20
percent of project costs from nonFederal sources. The application should
demonstrate, such as through a letter or
other documentation, the sources of
these funds. Preference will be given to
those projects that provide a larger
percentage of costs from non-Federal
sources. Matching funds are subject to
the same Federal requirements
described in Section F.2 as Federallyawarded funds, including applicable
Buy American requirements.
3. Other
Eligible Projects
The purpose of this grant program is
to create new marine highway services
or to expand existing marine highway
services. Only projects or their
components that the Secretary has
previously designated as Marine
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Highway Projects, are eligible for this
round of grant funding. Projects
proposed for funding must support the
development and expansion of
documented vessels or port and
landside infrastructure. Grant funds
may be requested for eligible project
planning activities; however, marketrelated studies are ineligible to receive
Marine Highway Grants.
The current list of designated Marine
Highway Projects can be found on the
Marine Highway website at: https://
www.maritime.dot.gov/grants/marinehighways/marine-highway-projectdescription-pages.
D. Application and Submission
Information
1. Address To Request Application
Package
Applications may be found at and
must be submitted through Grants.gov.
Applications must include the Standard
Form 424 (Application for Federal
Assistance), which is available on the
Grants.gov website at https://
www.grants.gov/web/grants/forms/sf424-family.html.
2. Content and Form of Application
Submission
In addition to the SF–424, the
application should include the Project
Narrative. MARAD recommends that the
Project Narrative follows the basic
outline below to address the program
requirements and assist evaluators in
locating relevant information.
I. First Page of
Project Narrative.
II. Project Description.
III. Project Location
IV. Grant Funds,
Sources and Uses
of all Project
Funding.
V. Selection Criteria
VI. Other Application Requirements.
See D.2.i.
See D.2.ii.
See D.2.iii.
See D.2.iv.
See D.2.v and E.1.
See D.2.vi.
The Project Narrative should include
the information necessary for MARAD
to determine that the project satisfies
the requirements described in Sections
B and C, and to assess the selection
criteria specified in Section E.1. This
includes a detailed project description,
location, and budget. To the extent
practicable, applicants should provide
supporting data and documentation in a
form that is directly verifiable by
MARAD. Applicants are strongly
encouraged to provide quantitative
information, including baseline
information, that demonstrates the
project’s merits and economic viability.
MARAD may ask any applicant to
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supplement data in its application, but
expects applications to be complete
upon submission. Incomplete
applications may not be considered for
an award.
Consistent with the Department’s
R.O.U.T.E.S. Initiative (https://
www.transportation.gov/rural), the
Department encourages applicants to
describe how activities proposed in
their application would address the
unique challenges facing rural
transportation networks, regardless of
the geographic location of those
activities.
The Project Narrative should also
include a table of contents, maps and
graphics, as appropriate, to make the
information easier to review. MARAD
recommends that the Project Narrative
be prepared with standard formatting
preferences (a single-spaced document,
using a standard 12-point font such as
Times New Roman, with 1-inch
margins, and the narrative text in one
column only). The Project Narrative
may not exceed 10 pages in length,
excluding the table of contents and
appendices. The only substantive
portions that may exceed the 10-page
limit are documents supporting
assertions or conclusions made in the
10-page Project Narrative. If possible,
website links to supporting
documentation should be provided
rather than copies of these supporting
materials, though it is important to
ensure that the website links are
currently active and working. 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 in
support of a Marine Highway Project
application may be referenced, updated,
or described as unchanged. To the
extent documents provided previously
are referenced, they need not be
resubmitted in support of a Marine
Highway Grant application.
To ensure the Project Narrative is
sufficiently detailed and informative,
MARAD recommends applications
include the following sections:
i. First Page of Project Narrative
The first page of the Project Narrative
should provide the following items of
information:
(A) Marine Highway Project name and
the original Project Applicant (as stated
on the Marine Highway Program’s list of
Designated Projects);
(B) Primary point of contact. An
application must include the name,
phone number, email address, and
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business address of the primary point of
contact for the grant applicant;
(C) Total amount of the proposed
grant project cost in dollars and the
amount of grant funds the applicant is
seeking, along with sources and share of
matching funds;
(D) Executive Summary, which
should include an outline of the
background of the project, the need for
the project, and how the grant funding
will be applied in the context of the
service referenced in the original Project
Designation application;
(E) Project parties. The public and
private partners engaged in the Marine
Highway Project;
(F) The Data Universal Numbering
System (DUNS) number associated with
the application. Marine Highway Grants
and their first-tier sub-awardees must
obtain DUNS numbers, which are
available at https://fedgov.dnb.com/
webform; and
(G) Evidence of registration with the
System for Award Management (SAM)
at https://www.SAM.gov.
will be considered urban for the
purposes of the FY 2020 Marine
Highway Grants.
Applicants should state whether the
project is located in a Qualified
Opportunity Zone designated pursuant
to 26 U.S.C. 1400Z–1.
ii. Project Description
The next section of the application
should provide a concise description of
the project. The project description
must be in paragraph form providing a
high-level view of the overall project
and its major components. This section
should discuss the project’s history,
including a description of any
previously completed components. The
applicant may use this section to place
the project into a broader context of
other transportation infrastructure
investments being pursued by the grant
applicant, and, if applicable, how it will
benefit communities in rural areas. This
section should also include a timeline
for implementing the project.
iv. Grant Funds, Sources and Uses of
Project Funds
This section of the application should
describe the project’s budget. The
budget should not include any
previously incurred expenses. At a
minimum, it should include:
(A) Project costs;
(B) The source and amount of those
funds to be used for project costs;
(C) For non-Federal funds to be used
for eligible project costs, documentation
of funding commitments should be
referenced here and included as an
appendix to the application;
(D) For Federal funds to be used for
eligible project costs, the amount,
nature, and source of any required nonFederal match for those funds;
(E) A budget showing how each
source of funds will be spent. The
budget should show how each funding
source will share in each project
component, and present that data in
dollars and percentages. Funding
sources should be grouped into three
categories: Non-Federal; Marine
Highway Grant funding; and other
Federal. A letter of commitment from
each funding source should be an
attachment to the application. If the
project contains individual components,
the budget should separate the costs of
each project component. The budget
should sufficiently demonstrate that the
project satisfies the statutory costsharing requirements described in
Section C.2.
iii. Project Location
This section of the application should
describe the project location, including
a detailed geographical description of
the proposed project, a map of the
project’s location and connections to
existing transportation infrastructure,
and geospatial data describing the
project location.
The application should also state
whether the project is located in an
urban area (UA) or rural area (RA) as
designated by the U.S. Census Bureau at
https://www2.census.gov/geo/maps/
dc10map/UAUC_RefMap/ua/.
The Department will consider a
project to be in a RA 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 RA.
Grant funds utilized in an UA border,
including an intersection with an UA,
v. Selection Criteria
This section of the application should
demonstrate how the project proposed
for grant funding aligns with the criteria
described below and in Section E.1.
MARAD encourages applicants to
address each criterion, or expressly state
that the project does not address the
criterion. Applicants are not required to
follow a specific format, but MARAD
recommends applicants address each
criterion separately using the outline
suggested below, which provides a clear
discussion that assists project
evaluators. Guidance describing how
MARAD will evaluate projects against
the Selection Criteria is in Section E.1
of this Notice. Applicants also should
review that section before considering
how to organize and complete their
application. To minimize redundant
information in the application, MARAD
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encourages applicants to cross-reference
from this section of their application to
relevant substantive information in
other sections of the application.
(A) Primary Selection Criteria
(1) This section of the application
should demonstrate the extent to which
the project is financially viable. Pet 46
U.S.C. 55601(g)(3), preference will be
given to projects or components that
present the most financially viable
transportation services.
(2) This section of the application
should demonstrate that the funds
received will be spent efficiently and
effectively.
(3) This section of the application
should demonstrate that a market exists
for the services of the proposed project
as evidenced by contracts or written
statements of intent from potential
customers.
(4) This section of the application
should describe the public benefits
anticipated by the proposed grant
project, as outlined in 46 CFR
393.3(c)(8), and described below. The
public benefits described in the relevant
Marine Highway Project Designation
application may be referenced, updated,
or described as unchanged. Applicants
will need to clearly demonstrate that the
original public benefits outlined in the
original project designation application
apply to the specific grant funding
request associated with this Notice, and
provide any updates or supplement the
original public benefits, as necessary. To
the extent referenced, this information
need not be resubmitted in support of a
Marine Highway Grant application.
Applicants should organize their
external net cost savings and public
benefits of the proposed grant project
based on the following six categories:
(i) Emissions benefits;
(ii) Energy savings;
(iii) Landside transportation
infrastructure maintenance savings;
(iv) Economic competitiveness;
(v) Safety improvements;
(vi) System resiliency and
redundancy.
vi. Other Application Requirements
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(A) National Environmental Policy Act
(NEPA) Requirements
Projects selected for grant award must
comply with NEPA and any other
applicable environmental laws. The
application should provide information
about the NEPA status of the project. If
the environmental review process is
underway but not complete at the time
of the application, the application must
detail where the project is in the
process, indicate the anticipated date of
completion, and provide a website link
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or other reference to copies of any
environmental documents prepared.
(B) Other Federal, State, and Local
Actions
An application must indicate whether
the proposed project is likely to require
actions by other agencies (e.g., permits),
indicate the status of such actions,
provide a website link or other reference
to materials submitted to the other
agencies, and demonstrate compliance
with other Federal, state, or local
regulations and permits as applicable.
(C) Certification Requirements
For an application to be considered
for a grant award, the Chief Executive
Officer, or equivalent, of the applicant is
required to certify, in writing, the
following:
1. That, except as noted in this grant
application, nothing has changed from
the original application for formal
designation as a Marine Highway
Project; and
2. The grant applicant will administer
the project and any funds received will
be spent efficiently and effectively; and
3. The grant applicant will provide
information, data, and reports as
required.
(D) Protection of Confidential
Commercial Information
Grant applicants should submit, as
part of or in support of an application,
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 that
the applicant considers to be a trade
secret or confidential commercial or
financial information, the applicant
should do the following: Note on the
front cover that the submission contains
‘‘Confidential Commercial Information
(CCI)’’; mark each affected page ‘‘CCI’’;
and highlight or otherwise denote the
CCI portions. MARAD will protect such
information from disclosure to the
extent allowed under applicable law. In
the event MARAD receives a Freedom of
Information Act (FOIA) request for the
information, procedures described in
the Department’s FOIA regulation at 49
CFR 7.29 will be followed. Only
information that is ultimately
determined to be confidential under
those procedures will be exempt from
disclosure under FOIA.
(E) Additional Application Information
Needed From Private-Sector Applicants
1. Written referral from the original
successful Project Applicant stating that
the private entity has been referred by
the original Project Applicant for the
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20021
relevant designated Marine Highway
Project.
2. A description of the entity
including location of the headquarters;
a description of the entity’s assets (tugs,
barges, etc.); years in operation;
ownership; customer base; and website
address, if any.
3. Unique entity identifier of the
parent company (when applicable): Data
Universal Numbering System (DUNS +
4 number) (when applicable).
4. The most recent year-end audited,
reviewed or compiled financial
statements, prepared by a certified
public accountant (CPA), per U.S.
generally accepted accounting
principles (not tax-based accounting
financial statements). If CPA prepared
financial statements are not available,
provide the most recent financial
statement for the entity. Do not provide
tax returns.
5. Statement regarding the
relationship between applicants and any
parents, subsidiaries or affiliates, if any
such entity is going to provide a portion
of the match.
6. Evidence documenting applicant’s
ability to make proposed matching
requirement (loan agreement,
commitment from investors, cash on
balance sheet, etc.).
7. Pro-forma financial statements
reflecting financial condition at
beginning of period; effect on balance
sheet of grant and matching funds (e.g.,
a decrease in cash or increase in debt,
additional equity and an increase in
fixed assets); and impact on company’s
projected financial condition (balance
sheet) of completion of project, showing
that company will have sufficient
financial resources to remain in
business.
8. Statement whether during the past
five years, the applicant or any
predecessor or related company has
been in bankruptcy or in reorganization
under Chapter 11 of the Bankruptcy
Code, or in any insolvency or
reorganization proceedings, and
whether any substantial property of the
applicant or any predecessor or related
company has been acquired in any such
proceeding or has been subject to
foreclosure or receivership during such
period. If so, give details.
9. Additional information may be
requested as deemed necessary by
MARAD to facilitate and complete its
review of the application. If such
information is not provided, MARAD
may deem the application incomplete
and cease processing it.
10. Company Officer’s certification of
each of the following:
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a. That the company operates in the
geographic location of the designated
Marine Highway Project;
b. That the applicant has the authority
to carry out the proposed project; and
c. That the applicant has not, and will
not make any prohibited payments out
of the requested grant, in accordance
with the Department of Transportation’s
regulation restricting lobbying, 49 CFR
part 20.
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3. Unique Entity Identifier and System
for Award Management (SAM)
MARAD will not make an award to an
applicant until the applicant has
complied with all applicable DUNS and
SAM requirements. Each applicant must
be registered in SAM before applying,
provide a valid Unique Entity Identifier
number in its application, and maintain
an active SAM registration with current
information throughout the period of
the award. Applicants may register with
the SAM at www.SAM.gov. Applicants
can obtain a DUNS number at https://
fedgov.dnb.com/webform. If an
applicant has not fully complied with
the requirements by the time MARAD is
ready to make an award, MARAD may
determine that the applicant is not
qualified to receive a Federal award
under this program.
4. Submission Dates and Times
Applications must be received by 5
p.m. EDT on April 24, 2020. Late
applications that are the result of failure
to register or comply with Grants.gov
application requirements in a timely
manner will not be considered.
Applicants experiencing technical
issues with Grants.gov that are beyond
the applicant’s control must contact
MH@dot.gov or Fred Jones at 202–366–
1123 prior to the deadline with the user
name of the registrant and details of the
technical issue experienced. The
applicant must provide: Details of the
technical issue experienced; screen
capture(s) of the technical issue
experienced along with the
corresponding ‘‘Grant tracking number’’
that is provided via Grants.gov; the
‘‘Legal Name’’ for the applicant that was
provided in the SF–424; the name and
contact information for the person to be
contacted on matters involving
submission that is included on the SF–
424; the DUNS number associated with
the application; and the Grants.gov Help
Desk Tracking Number.
5. Funding Restrictions
MARAD will not allow
reimbursement of any pre-award costs
that may have been incurred by an
applicant. Grant funds may only be used
for the purposes described in this Notice
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and may not be used as an operating
subsidy. Market-related studies are
ineligible for Marine Highway Grant
funds.
6. Other Submission Requirements
Grant applications must be submitted
electronically using Grants.gov (https://
www.grants.gov).
E. Application Review Information
1. Selection Criteria
This section specifies the criteria that
MARAD will use to evaluate and award
applications for Marine Highway
Grants. These criteria incorporate the
statutory requirements for this program,
as well as Departmental and
Programmatic priorities.
When reviewing grant applications,
MARAD will consider how the
proposed service could satisfy, in whole
or in part, 46 U.S.C. 55601(b)(1) and (3)
and the following criteria found at 46
U.S.C. 55601(g)(2)(B):
• The project is financially viable;
• The funds received will be spent
efficiently and effectively; and
• A market exists for the services of
the proposed project as evidenced by
contracts or written statements of intent
from potential customers.
MARAD will also consider how the
proposed request for funding outlined
in the grant application supports the
elements of 46 CFR 393.3(c)(8) (Public
benefits) as a key programmatic
objective.
After applying the above preferences,
MARAD will consider the following key
Departmental objectives:
• Supporting economic vitality at the
national and regional level;
• Utilizing alternative funding
sources and innovative financing
models to attract non-Federal sources of
infrastructure investment;
• Accounting for the life-cycle costs
of the project to promote the state of
good repair;
• Using innovative approaches to
improve safety and expedite project
delivery; and,
• Holding grant recipients
accountable for their performance and
achieving specific, measurable
outcomes identified by grant applicants.
In awarding grants under the program,
MARAD will give preference to those
projects or components that present the
most financially viable marine highway
transportation services and require the
lowest total percentage Federal share of
the costs. MARAD may also consider
whether a project is located in a
Qualified Opportunity Zone designated
pursuant to 26 U.S.C. 1400Z–1.
Consistent with the Department’s
R.O.U.T.E.S. Initiative (https://
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Frm 00103
Fmt 4703
Sfmt 4703
www.transportation.gov/rural), the
Department recognizes that rural
transportation networks face unique
challenges. To the extent that those
challenges are reflected in the merit
criteria listed in this section, the
Department will consider how the
activities proposed in the application
will address those challenges, regardless
of the geographic location of those
activities.
2. Review and Selection Process
Upon receipt, MARAD will conduct a
technical review to evaluate the
application using the criteria outlined
above. Upon completion of the technical
review, MARAD will forward the
applications to an inter-agency review
team (Intermodal Review Team). The
Intermodal Review Team will include
members of MARAD, other Department
of Transportation Operating
Administrations, and representatives
from the Office of the Secretary of
Transportation. The Intermodal Review
Team will assign ratings of ‘‘highly
recommended,’’ ‘‘recommended,’’ ‘‘not
recommended,’’ ‘‘incomplete,’’ or ‘‘not
eligible’’ for each application based on
the criteria set forth above. The
Intermodal Review Team will provide
its findings to the Program Office. The
Program Office will use those findings
to inform the recommendations that will
be made to the Maritime Administrator
and the Secretary.
3. FAPIIS Check
MARAD is required to review and
consider any information about the
applicant that is in the designated
integrity and performance system
accessible through SAM (currently
FAPIIS) (see 41 U.S.C. 2313). An
applicant, at its option, may review
information in the designated integrity
and performance systems accessible
through SAM and comment on any
information about itself that a Federal
awarding agency previously entered and
is currently in the designated integrity
and performance system accessible
through SAM. MARAD will consider
any comments by the applicant, in
addition to the other information in the
designated integrity and performance
system, 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
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Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
the selected grant award recipients. The
award announcement will be posted on
the MARAD website (https://
www.marad.dot.gov).
2. Administrative and National Policy
Requirements
All awards must be administered
pursuant to the ‘‘Uniform
Administrative Requirements, Cost
Principles and Audit Requirements for
Federal Awards’’ found at 2 CFR part
200, as adopted by the Department at 2
CFR part 1201. Federal wage rate
requirements included at 40 U.S.C.
3141–3148 apply to all projects
receiving funds under this program and
apply to all parts of the project, whether
funded with Federal funds or nonFederal funds. Additionally, all
applicable Federal laws and regulations
will apply to projects that receive
Marine Highway Grants.
MARAD and the applicant will enter
into a written grant agreement after the
applicant has satisfied applicable
administrative requirements, such as
environmental review requirements.
The grant agreement is the fundobligating document and will also
describe the period of performance for
the project as well as the schedule for
construction or procurement. Funds
will be administered on a reimbursable
basis. MARAD reserves the right to
revoke any award of Marine Highway
Grant funds and to award such funds to
another project to the extent that such
funds are not expended in a timely or
acceptable manner and in accordance
with the project schedule.
As expressed in Executive Orders
13788 of April 18, 2017 and 13858 of
January 31, 2019, it is the policy of the
executive branch to maximize,
consistent with law, the use of goods,
products, and materials produced in the
United States in the terms and
conditions of Federal financial
assistance awards. Consistent with the
requirements of Section 410 of Division
H—Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act, 2020, of the Further
Consolidated Appropriations Act, 2020,
(Pub. L. 116–94), the Buy American
requirements of 41 U.S.C. Chapter 83
apply to funds made available under
this Notice, and all award recipients
must apply, comply with, and
implement all provisions of the Buy
American Act and related provisions in
the grant agreement when implementing
Marine Highway Grants. Depending on
other funding streams, the project may
be subject to separate ‘‘Buy America’’
requirements.
If a project intends to use any product
with foreign content or of foreign origin,
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16:28 Apr 08, 2020
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this information should be listed and
addressed in the application.
Applications should expressly address
how the applicant plans to comply with
domestic-preference requirements and
whether there are any potential foreigncontent issues with their proposed
project. Applications that use grant
funds for domestic-content purchases
will be viewed favorably. If certain
foreign content is granted an exception
or waiver from Buy American or Buy
America requirements, a Cargo
Preference requirement may apply.
FOR FURTHER INFORMATION CONTACT
section above.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
BILLING CODE 4910–81–P
Award recipients are required to
submit quarterly reports, signed by an
officer of the recipient, to the Program
Office to keep MARAD informed of all
activities during the reporting period.
The reports will indicate progress made,
planned activities for the next reporting
period, and a listing of any purchases
made with grant funds during the
reporting period. In addition, the report
will include an explanation of any
deviation from the projected budget and
timeline. Quarterly reports will also
contain, at a minimum, the following: a
statement as to whether the award
recipient has used the grant funds
consistent with the terms contemplated
in the grant agreement; if applicable, a
description of the budgeted activities
not procured by recipient; if applicable,
the rationale for recipient’s failure to
execute the budgeted activities; if
applicable, an explanation as to how
and when recipient intends to
accomplish the purposes of the grant
agreement; and a budget summary
showing funds expended since
commencement, anticipated
expenditures for the next reporting
period, and expenditures compared to
overall budget.
Grant award recipients will also
collect information and report on the
project’s observed performance with
respect to the relevant long-term
outcomes that are expected to be
achieved through the project.
Performance indicators will not include
formal goals or targets, but will include
observed measures under baseline (preproject) as well as post-implementation
outcomes for an agreed-upon timeline,
and will be used to evaluate and
compare projects and monitor the
results that grant funds achieve to the
intended long-term outcomes of the
AMHP. Performance reporting
continues for several years after project
construction is completed, and MARAD
does not provide Marine Highway Grant
funding specifically for performance
reporting.
Frm 00104
G. Federal Awarding Agency Contacts
To ensure applicants receive accurate
information about eligibility, the
program, or in response to other
questions, applicants are encouraged to
contact MARAD directly, rather than
through intermediaries or third parties.
Please see contact information in the
[FR Doc. 2020–07511 Filed 4–8–20; 8:45 am]
3. Reporting
PO 00000
20023
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2018–0020]
Denial of Motor Vehicle Defect Petition,
DP13–001
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for a defect
investigation.
AGENCY:
This notice sets forth
NHTSA’s decision and reasons for
denying a petition, Defect Petition (DP)
(DP 13–001), submitted by Mr. William
Rosenbluth (petitioner) in a January 23,
2013 letter to the Administrator of
NHTSA (the ‘‘Agency’’). The petitioner
requested that the Agency open an
investigation into the decoupling of the
steering intermediate shaft assembly No.
2 from the steering column assembly on
model year (MY) 2004–2009 Toyota
Prius vehicles (the ‘‘Subject Vehicles’’).
After reviewing materials furnished by
the petitioner, the manufacturer, and
those already in its possession, NHTSA
has concluded that the evidence does
not warrant further investigation of the
issue raised in the petition. The Agency
accordingly has denied the petition.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory Magno, Office of Defects
Investigation (ODI), NHTSA; 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: (202) 366–5226.
Email: gregory.magno@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Introduction
Interested persons may petition
NHTSA requesting that the Agency
begin a proceeding to decide whether to
issue an order determining that a
vehicle or item of motor vehicle
equipment contains a defect that relates
to motor vehicle safety. 49 U.S.C. 30162;
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Agencies
[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 20018-20023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07511]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Notice of Funding Opportunity for America's Marine Highway
Projects
AGENCY: Maritime Administration, DOT.
ACTION: Notice of funding opportunity.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of funding for grants
and establishes selection criteria and application requirements for the
Short Sea Transportation Program, commonly referred to as the America's
Marine Highway Program (AMHP). The purpose of this program is to make
grants available to previously designated Marine Highway Projects that
support the development and expansion of documented vessels, or port
and landside infrastructure. The U.S. Department of Transportation
(Department) will award Marine Highway Grants to implement projects or
components of projects previously designated by the Secretary of
Transportation (Secretary) under AMHP. Only Marine Highway Projects the
Secretary designated before the Notice of Funding Opportunity closing
date are eligible for funding as described in this notice.
DATES: Applications must be received by the Maritime Administration by
5 p.m. EDT on April 24, 2020.
ADDRESSES: Grant applications must be submitted electronically using
Grants.gov (https://www.grants.gov). Please be aware that you must
complete the Grants.gov registration process before submitting your
application, and that the registration process usually takes 2 to 4
weeks to complete. Applicants are strongly encouraged to make
submissions in advance of the deadline.
FOR FURTHER INFORMATION CONTACT: Fred Jones, Office of Ports &
Waterways Planning, Room W21-311, Maritime Administration, U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590, phone 202-366-1123, or email [email protected]. Persons who use
a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above
individual during business hours. The FIRS is available twenty-four
hours a day, seven days a week, to leave a message or question with the
above individual. You will receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: Each section of this Notice contains
information and instructions relevant to the application process for
these Marine Highway Grants, and all applicants should read this Notice
in its entirety so that they have the information they need to submit
eligible and competitive applications. Applications received after the
deadline will not be considered except in the case of unforeseen
technical difficulties as outlined below in Section D.4.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
A. Program Description
The Secretary, in accordance with 46 U.S.C. 55601, established a
short sea transportation grant program to implement projects or
components of designated Marine Highway Projects. The grant funds
currently available are for projects related to documented vessels and
port and landside infrastructure.
The America's Marine Highway Program Office (Program Office)
follows a three-step approach when supporting investment opportunities
for Marine Highway services. The first step is designation of a Marine
Highway Route by the Secretary. The Department accepts Marine Highway
Route Designation requests at any time from Route Sponsors. Once a
Route is designated, the second step is designation as a Marine Highway
Project by the Secretary. Marine Highway Projects represent concepts
for new services or expansions of existing marine highway services on
designated Marine Highway Routes that use documented vessels and
mitigate land congestion or promote short sea transportation. MARAD
will announce by notice in the Federal Register open season periods to
allow Project Applicants opportunities to submit Marine Highway Project
Designation applications. A Project Applicant must receive a Project
Designation for that project to then become eligible for Marine Highway
Grant funding, the
[[Page 20019]]
third step referenced above. Marine Highway Grant funding (the subject
of this NOFO) is provided to successful public and private sector
applicants as funds are appropriated by Congress.
The Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94)
appropriated $9,775,000 for Marine Highway Grants.
B. Federal Award Information
The total funding available for awards under this NOFO is
$9,481,750, after $293,250 is set aside for MARAD grant administration
and oversight.
MARAD will seek to obtain the maximum benefit from the available
funding by awarding grants to as many qualified projects as possible;
however, in accordance with 46 U.S.C. 55601(g)(3), MARAD shall give
preference to those projects or components that present the most
financially viable transportation services and require the lowest
percentage of Federal share of the costs. Depending on the
characteristics of the pool of qualified applications, it is possible
MARAD may award all funds to a single project. MARAD may also award
grants supporting a portion of a project described in an application by
selecting discrete components. The start date and period of performance
for each award will be determined by mutual agreement of MARAD and each
grant recipient. MARAD will administer each Marine Highway Grant
pursuant to a grant agreement with the Marine Highway Grant recipient,
and funds will be administered on a reimbursable basis.
Prior recipients of Marine Highway Grants may apply for funding to
support additional phases of a designated project. However, to be
competitive, the grant applicant should demonstrate the extent to which
the previously funded project phase has met estimated project schedules
and budget, as well as the ability to realize the benefits expected for
the new award.
C. Eligibility Information
To be selected for a Marine Highway Grant, an applicant must be an
Eligible Applicant, and the project must be an Eligible Project.
1. Eligible Applicants
Eligible applicants for funding available under this Notice are an
original Project Applicant of a project that the Secretary has
previously designated as a Marine Highway Project or a substitute
(which can be either a public entity or a private-sector entity who has
been referred to the Program Office by the original Project Applicant,
with a written explanation, as part of the application). Original
Project Applicants are defined as those public entities named by the
Secretary in the original designated project. Grant applicants must
have operational, or administrative areas of responsibility, that are
adjacent to or near the relevant designated Marine Highway Project.
Eligible grant applicants include State governments (including State
departments of transportation), metropolitan planning organizations,
port authorities, and tribal governments, or private sector operators
of marine highway services within designated Marine Highway Projects.
Grant applicants are encouraged to develop coalitions and public/
private partnerships, which might include vessel owners and operators;
third-party logistics providers; trucking companies; shippers;
railroads; port authorities; state, regional, and local transportation
planners; environmental organizations; impacted communities; or any
combination of entities working in collaboration on a single grant
application that can be submitted by the original Project Applicant or
their designated substitute. All successful grant applicants, whether
they are public or private entities, must comply with all Federal
requirements.
If multiple applicants submit a joint grant application, they must
identify a lead grant applicant as the primary point of contact. Joint
grant applications must include a description of the roles and
responsibilities of each applicant, including designating the one
entity that will receive the Federal funds directly from MARAD, and
must be signed by each applicant.
2. Cost Sharing or Matching
An applicant must provide at least 20 percent of project costs from
non-Federal sources. The application should demonstrate, such as
through a letter or other documentation, the sources of these funds.
Preference will be given to those projects that provide a larger
percentage of costs from non-Federal sources. Matching funds are
subject to the same Federal requirements described in Section F.2 as
Federally-awarded funds, including applicable Buy American
requirements.
3. Other
Eligible Projects
The purpose of this grant program is to create new marine highway
services or to expand existing marine highway services. Only projects
or their components that the Secretary has previously designated as
Marine Highway Projects, are eligible for this round of grant funding.
Projects proposed for funding must support the development and
expansion of documented vessels or port and landside infrastructure.
Grant funds may be requested for eligible project planning activities;
however, market-related studies are ineligible to receive Marine
Highway Grants.
The current list of designated Marine Highway Projects can be found
on the Marine Highway website at: https://www.maritime.dot.gov/grants/marine-highways/marine-highway-project-description-pages.
D. Application and Submission Information
1. Address To Request Application Package
Applications may be found at and must be submitted through
Grants.gov. Applications must include the Standard Form 424
(Application for Federal Assistance), which is available on the
Grants.gov website at https://www.grants.gov/web/grants/forms/sf-424-family.html.
2. Content and Form of Application Submission
In addition to the SF-424, the application should include the
Project Narrative. MARAD recommends that the Project Narrative follows
the basic outline below to address the program requirements and assist
evaluators in locating relevant information.
I. First Page of Project Narrative.. See D.2.i.
II. Project Description............. See D.2.ii.
III. Project Location............... See D.2.iii.
IV. Grant Funds, Sources and Uses of See D.2.iv.
all Project Funding.
V. Selection Criteria............... See D.2.v and E.1.
VI. Other Application Requirements.. See D.2.vi.
The Project Narrative should include the information necessary for
MARAD to determine that the project satisfies the requirements
described in Sections B and C, and to assess the selection criteria
specified in Section E.1. This includes a detailed project description,
location, and budget. To the extent practicable, applicants should
provide supporting data and documentation in a form that is directly
verifiable by MARAD. Applicants are strongly encouraged to provide
quantitative information, including baseline information, that
demonstrates the project's merits and economic viability. MARAD may ask
any applicant to
[[Page 20020]]
supplement data in its application, but expects applications to be
complete upon submission. Incomplete applications may not be considered
for an award.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department encourages applicants to
describe how activities proposed in their application would address the
unique challenges facing rural transportation networks, regardless of
the geographic location of those activities.
The Project Narrative should also include a table of contents, maps
and graphics, as appropriate, to make the information easier to review.
MARAD recommends that the Project Narrative be prepared with standard
formatting preferences (a single-spaced document, using a standard 12-
point font such as Times New Roman, with 1-inch margins, and the
narrative text in one column only). The Project Narrative may not
exceed 10 pages in length, excluding the table of contents and
appendices. The only substantive portions that may exceed the 10-page
limit are documents supporting assertions or conclusions made in the
10-page Project Narrative. If possible, website links to supporting
documentation should be provided rather than copies of these supporting
materials, though it is important to ensure that the website links are
currently active and working. 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 in support of a Marine Highway Project application may be
referenced, updated, or described as unchanged. To the extent documents
provided previously are referenced, they need not be resubmitted in
support of a Marine Highway Grant application.
To ensure the Project Narrative is sufficiently detailed and
informative, MARAD recommends applications include the following
sections:
i. First Page of Project Narrative
The first page of the Project Narrative should provide the
following items of information:
(A) Marine Highway Project name and the original Project Applicant
(as stated on the Marine Highway Program's list of Designated
Projects);
(B) Primary point of contact. An application must include the name,
phone number, email address, and business address of the primary point
of contact for the grant applicant;
(C) Total amount of the proposed grant project cost in dollars and
the amount of grant funds the applicant is seeking, along with sources
and share of matching funds;
(D) Executive Summary, which should include an outline of the
background of the project, the need for the project, and how the grant
funding will be applied in the context of the service referenced in the
original Project Designation application;
(E) Project parties. The public and private partners engaged in the
Marine Highway Project;
(F) The Data Universal Numbering System (DUNS) number associated
with the application. Marine Highway Grants and their first-tier sub-
awardees must obtain DUNS numbers, which are available at https://fedgov.dnb.com/webform; and
(G) Evidence of registration with the System for Award Management
(SAM) at https://www.SAM.gov.
ii. Project Description
The next section of the application should provide a concise
description of the project. The project description must be in
paragraph form providing a high-level view of the overall project and
its major components. This section should discuss the project's
history, including a description of any previously completed
components. The applicant may use this section to place the project
into a broader context of other transportation infrastructure
investments being pursued by the grant applicant, and, if applicable,
how it will benefit communities in rural areas. This section should
also include a timeline for implementing the project.
iii. Project Location
This section of the application should describe the project
location, including a detailed geographical description of the proposed
project, a map of the project's location and connections to existing
transportation infrastructure, and geospatial data describing the
project location.
The application should also state whether the project is located in
an urban area (UA) or rural area (RA) as designated by the U.S. Census
Bureau at https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
The Department will consider a project to be in a RA 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 RA. Grant funds
utilized in an UA border, including an intersection with an UA, will be
considered urban for the purposes of the FY 2020 Marine Highway Grants.
Applicants should state whether the project is located in a
Qualified Opportunity Zone designated pursuant to 26 U.S.C. 1400Z-1.
iv. Grant Funds, Sources and Uses of Project Funds
This section of the application should describe the project's
budget. The budget should not include any previously incurred expenses.
At a minimum, it should include:
(A) Project costs;
(B) The source and amount of those funds to be used for project
costs;
(C) For non-Federal funds to be used for eligible project costs,
documentation of funding commitments should be referenced here and
included as an appendix to the application;
(D) For Federal funds to be used for eligible project costs, the
amount, nature, and source of any required non-Federal match for those
funds;
(E) A budget showing how each source of funds will be spent. The
budget should show how each funding source will share in each project
component, and present that data in dollars and percentages. Funding
sources should be grouped into three categories: Non-Federal; Marine
Highway Grant funding; and other Federal. A letter of commitment from
each funding source should be an attachment to the application. If the
project contains individual components, the budget should separate the
costs of each project component. The budget should sufficiently
demonstrate that the project satisfies the statutory cost-sharing
requirements described in Section C.2.
v. Selection Criteria
This section of the application should demonstrate how the project
proposed for grant funding aligns with the criteria described below and
in Section E.1. MARAD encourages applicants to address each criterion,
or expressly state that the project does not address the criterion.
Applicants are not required to follow a specific format, but MARAD
recommends applicants address each criterion separately using the
outline suggested below, which provides a clear discussion that assists
project evaluators. Guidance describing how MARAD will evaluate
projects against the Selection Criteria is in Section E.1 of this
Notice. Applicants also should review that section before considering
how to organize and complete their application. To minimize redundant
information in the application, MARAD
[[Page 20021]]
encourages applicants to cross-reference from this section of their
application to relevant substantive information in other sections of
the application.
(A) Primary Selection Criteria
(1) This section of the application should demonstrate the extent
to which the project is financially viable. Pet 46 U.S.C. 55601(g)(3),
preference will be given to projects or components that present the
most financially viable transportation services.
(2) This section of the application should demonstrate that the
funds received will be spent efficiently and effectively.
(3) This section of the application should demonstrate that a
market exists for the services of the proposed project as evidenced by
contracts or written statements of intent from potential customers.
(4) This section of the application should describe the public
benefits anticipated by the proposed grant project, as outlined in 46
CFR 393.3(c)(8), and described below. The public benefits described in
the relevant Marine Highway Project Designation application may be
referenced, updated, or described as unchanged. Applicants will need to
clearly demonstrate that the original public benefits outlined in the
original project designation application apply to the specific grant
funding request associated with this Notice, and provide any updates or
supplement the original public benefits, as necessary. To the extent
referenced, this information need not be resubmitted in support of a
Marine Highway Grant application. Applicants should organize their
external net cost savings and public benefits of the proposed grant
project based on the following six categories:
(i) Emissions benefits;
(ii) Energy savings;
(iii) Landside transportation infrastructure maintenance savings;
(iv) Economic competitiveness;
(v) Safety improvements;
(vi) System resiliency and redundancy.
vi. Other Application Requirements
(A) National Environmental Policy Act (NEPA) Requirements
Projects selected for grant award must comply with NEPA and any
other applicable environmental laws. The application should provide
information about the NEPA status of the project. If the environmental
review process is underway but not complete at the time of the
application, the application must detail where the project is in the
process, indicate the anticipated date of completion, and provide a
website link or other reference to copies of any environmental
documents prepared.
(B) Other Federal, State, and Local Actions
An application must indicate whether the proposed project is likely
to require actions by other agencies (e.g., permits), indicate the
status of such actions, provide a website link or other reference to
materials submitted to the other agencies, and demonstrate compliance
with other Federal, state, or local regulations and permits as
applicable.
(C) Certification Requirements
For an application to be considered for a grant award, the Chief
Executive Officer, or equivalent, of the applicant is required to
certify, in writing, the following:
1. That, except as noted in this grant application, nothing has
changed from the original application for formal designation as a
Marine Highway Project; and
2. The grant applicant will administer the project and any funds
received will be spent efficiently and effectively; and
3. The grant applicant will provide information, data, and reports
as required.
(D) Protection of Confidential Commercial Information
Grant applicants should submit, as part of or in support of an
application, 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 that
the applicant considers to be a trade secret or confidential commercial
or financial information, the applicant should do the following: Note
on the front cover that the submission contains ``Confidential
Commercial Information (CCI)''; mark each affected page ``CCI''; and
highlight or otherwise denote the CCI portions. MARAD will protect such
information from disclosure to the extent allowed under applicable law.
In the event MARAD receives a Freedom of Information Act (FOIA) request
for the information, procedures described in the Department's FOIA
regulation at 49 CFR 7.29 will be followed. Only information that is
ultimately determined to be confidential under those procedures will be
exempt from disclosure under FOIA.
(E) Additional Application Information Needed From Private-Sector
Applicants
1. Written referral from the original successful Project Applicant
stating that the private entity has been referred by the original
Project Applicant for the relevant designated Marine Highway Project.
2. A description of the entity including location of the
headquarters; a description of the entity's assets (tugs, barges,
etc.); years in operation; ownership; customer base; and website
address, if any.
3. Unique entity identifier of the parent company (when
applicable): Data Universal Numbering System (DUNS + 4 number) (when
applicable).
4. The most recent year-end audited, reviewed or compiled financial
statements, prepared by a certified public accountant (CPA), per U.S.
generally accepted accounting principles (not tax-based accounting
financial statements). If CPA prepared financial statements are not
available, provide the most recent financial statement for the entity.
Do not provide tax returns.
5. Statement regarding the relationship between applicants and any
parents, subsidiaries or affiliates, if any such entity is going to
provide a portion of the match.
6. Evidence documenting applicant's ability to make proposed
matching requirement (loan agreement, commitment from investors, cash
on balance sheet, etc.).
7. Pro-forma financial statements reflecting financial condition at
beginning of period; effect on balance sheet of grant and matching
funds (e.g., a decrease in cash or increase in debt, additional equity
and an increase in fixed assets); and impact on company's projected
financial condition (balance sheet) of completion of project, showing
that company will have sufficient financial resources to remain in
business.
8. Statement whether during the past five years, the applicant or
any predecessor or related company has been in bankruptcy or in
reorganization under Chapter 11 of the Bankruptcy Code, or in any
insolvency or reorganization proceedings, and whether any substantial
property of the applicant or any predecessor or related company has
been acquired in any such proceeding or has been subject to foreclosure
or receivership during such period. If so, give details.
9. Additional information may be requested as deemed necessary by
MARAD to facilitate and complete its review of the application. If such
information is not provided, MARAD may deem the application incomplete
and cease processing it.
10. Company Officer's certification of each of the following:
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a. That the company operates in the geographic location of the
designated Marine Highway Project;
b. That the applicant has the authority to carry out the proposed
project; and
c. That the applicant has not, and will not make any prohibited
payments out of the requested grant, in accordance with the Department
of Transportation's regulation restricting lobbying, 49 CFR part 20.
3. Unique Entity Identifier and System for Award Management (SAM)
MARAD will not make an award to an applicant until the applicant
has complied with all applicable DUNS and SAM requirements. Each
applicant must be registered in SAM before applying, provide a valid
Unique Entity Identifier number in its application, and maintain an
active SAM registration with current information throughout the period
of the award. Applicants may register with the SAM at www.SAM.gov.
Applicants can obtain a DUNS number at https://fedgov.dnb.com/webform.
If an applicant has not fully complied with the requirements by the
time MARAD is ready to make an award, MARAD may determine that the
applicant is not qualified to receive a Federal award under this
program.
4. Submission Dates and Times
Applications must be received by 5 p.m. EDT on April 24, 2020. Late
applications that are the result of failure to register or comply with
Grants.gov application requirements in a timely manner will not be
considered. Applicants experiencing technical issues with Grants.gov
that are beyond the applicant's control must contact [email protected] or Fred
Jones at 202-366-1123 prior to the deadline with the user name of the
registrant and details of the technical issue experienced. The
applicant must provide: Details of the technical issue experienced;
screen capture(s) of the technical issue experienced along with the
corresponding ``Grant tracking number'' that is provided via
Grants.gov; the ``Legal Name'' for the applicant that was provided in
the SF-424; the name and contact information for the person to be
contacted on matters involving submission that is included on the SF-
424; the DUNS number associated with the application; and the
Grants.gov Help Desk Tracking Number.
5. Funding Restrictions
MARAD will not allow reimbursement of any pre-award costs that may
have been incurred by an applicant. Grant funds may only be used for
the purposes described in this Notice and may not be used as an
operating subsidy. Market-related studies are ineligible for Marine
Highway Grant funds.
6. Other Submission Requirements
Grant applications must be submitted electronically using
Grants.gov (https://www.grants.gov).
E. Application Review Information
1. Selection Criteria
This section specifies the criteria that MARAD will use to evaluate
and award applications for Marine Highway Grants. These criteria
incorporate the statutory requirements for this program, as well as
Departmental and Programmatic priorities.
When reviewing grant applications, MARAD will consider how the
proposed service could satisfy, in whole or in part, 46 U.S.C.
55601(b)(1) and (3) and the following criteria found at 46 U.S.C.
55601(g)(2)(B):
The project is financially viable;
The funds received will be spent efficiently and
effectively; and
A market exists for the services of the proposed project
as evidenced by contracts or written statements of intent from
potential customers.
MARAD will also consider how the proposed request for funding
outlined in the grant application supports the elements of 46 CFR
393.3(c)(8) (Public benefits) as a key programmatic objective.
After applying the above preferences, MARAD will consider the
following key Departmental objectives:
Supporting economic vitality at the national and regional
level;
Utilizing alternative funding sources and innovative
financing models to attract non-Federal sources of infrastructure
investment;
Accounting for the life-cycle costs of the project to
promote the state of good repair;
Using innovative approaches to improve safety and expedite
project delivery; and,
Holding grant recipients accountable for their performance
and achieving specific, measurable outcomes identified by grant
applicants.
In awarding grants under the program, MARAD will give preference to
those projects or components that present the most financially viable
marine highway transportation services and require the lowest total
percentage Federal share of the costs. MARAD may also consider whether
a project is located in a Qualified Opportunity Zone designated
pursuant to 26 U.S.C. 1400Z-1.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural
transportation networks face unique challenges. To the extent that
those challenges are reflected in the merit criteria listed in this
section, the Department will consider how the activities proposed in
the application will address those challenges, regardless of the
geographic location of those activities.
2. Review and Selection Process
Upon receipt, MARAD will conduct a technical review to evaluate the
application using the criteria outlined above. Upon completion of the
technical review, MARAD will forward the applications to an inter-
agency review team (Intermodal Review Team). The Intermodal Review Team
will include members of MARAD, other Department of Transportation
Operating Administrations, and representatives from the Office of the
Secretary of Transportation. The Intermodal Review Team will assign
ratings of ``highly recommended,'' ``recommended,'' ``not
recommended,'' ``incomplete,'' or ``not eligible'' for each application
based on the criteria set forth above. The Intermodal Review Team will
provide its findings to the Program Office. The Program Office will use
those findings to inform the recommendations that will be made to the
Maritime Administrator and the Secretary.
3. FAPIIS Check
MARAD is required to review and consider any information about the
applicant that is in the designated integrity and performance system
accessible through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An
applicant, at its option, may review information in the designated
integrity and performance systems accessible through SAM and comment on
any information about itself that a Federal awarding agency previously
entered and is currently in the designated integrity and performance
system accessible through SAM. MARAD will consider any comments by the
applicant, in addition to the other information in the designated
integrity and performance system, 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
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the selected grant award recipients. The award announcement will be
posted on the MARAD website (https://www.marad.dot.gov).
2. Administrative and National Policy Requirements
All awards must be administered pursuant to the ``Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards'' found at 2 CFR part 200, as adopted by the Department
at 2 CFR part 1201. Federal wage rate requirements included at 40
U.S.C. 3141-3148 apply to all projects receiving funds under this
program and apply to all parts of the project, whether funded with
Federal funds or non-Federal funds. Additionally, all applicable
Federal laws and regulations will apply to projects that receive Marine
Highway Grants.
MARAD and the applicant will enter into a written grant agreement
after the applicant has satisfied applicable administrative
requirements, such as environmental review requirements. The grant
agreement is the fund-obligating document and will also describe the
period of performance for the project as well as the schedule for
construction or procurement. Funds will be administered on a
reimbursable basis. MARAD reserves the right to revoke any award of
Marine Highway Grant funds and to award such funds to another project
to the extent that such funds are not expended in a timely or
acceptable manner and in accordance with the project schedule.
As expressed in Executive Orders 13788 of April 18, 2017 and 13858
of January 31, 2019, it is the policy of the executive branch to
maximize, consistent with law, the use of goods, products, and
materials produced in the United States in the terms and conditions of
Federal financial assistance awards. Consistent with the requirements
of Section 410 of Division H--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2020, of the
Further Consolidated Appropriations Act, 2020, (Pub. L. 116-94), the
Buy American requirements of 41 U.S.C. Chapter 83 apply to funds made
available under this Notice, and all award recipients must apply,
comply with, and implement all provisions of the Buy American Act and
related provisions in the grant agreement when implementing Marine
Highway Grants. Depending on other funding streams, the project may be
subject to separate ``Buy America'' requirements.
If a project intends to use any product with foreign content or of
foreign origin, this information should be listed and addressed in the
application. Applications should expressly address how the applicant
plans to comply with domestic-preference requirements and whether there
are any potential foreign-content issues with their proposed project.
Applications that use grant funds for domestic-content purchases will
be viewed favorably. If certain foreign content is granted an exception
or waiver from Buy American or Buy America requirements, a Cargo
Preference requirement may apply.
3. Reporting
Award recipients are required to submit quarterly reports, signed
by an officer of the recipient, to the Program Office to keep MARAD
informed of all activities during the reporting period. The reports
will indicate progress made, planned activities for the next reporting
period, and a listing of any purchases made with grant funds during the
reporting period. In addition, the report will include an explanation
of any deviation from the projected budget and timeline. Quarterly
reports will also contain, at a minimum, the following: a statement as
to whether the award recipient has used the grant funds consistent with
the terms contemplated in the grant agreement; if applicable, a
description of the budgeted activities not procured by recipient; if
applicable, the rationale for recipient's failure to execute the
budgeted activities; if applicable, an explanation as to how and when
recipient intends to accomplish the purposes of the grant agreement;
and a budget summary showing funds expended since commencement,
anticipated expenditures for the next reporting period, and
expenditures compared to overall budget.
Grant award recipients will also collect information and report on
the project's observed performance with respect to the relevant long-
term outcomes that are expected to be achieved through the project.
Performance indicators will not include formal goals or targets, but
will include observed measures under baseline (pre-project) as well as
post-implementation outcomes for an agreed-upon timeline, and will be
used to evaluate and compare projects and monitor the results that
grant funds achieve to the intended long-term outcomes of the AMHP.
Performance reporting continues for several years after project
construction is completed, and MARAD does not provide Marine Highway
Grant funding specifically for performance reporting.
G. Federal Awarding Agency Contacts
To ensure applicants receive accurate information about
eligibility, the program, or in response to other questions, applicants
are encouraged to contact MARAD directly, rather than through
intermediaries or third parties. Please see contact information in the
FOR FURTHER INFORMATION CONTACT section above.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2020-07511 Filed 4-8-20; 8:45 am]
BILLING CODE 4910-81-P