FY 2022 Competitive Funding Opportunity: Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program, 12528-12537 [2022-04621]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 12528 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION section of this document for Privacy Act information related to any submitted comments or materials. Docket: For access to the docket to read the proposed FRA Guidance, background documents, or comments received, go to https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Kevin MacWhorter, Attorney Advisor, Office of the Chief Counsel, telephone: (202) 641–8727, email: kevin.macwhorter@dot.gov. SUPPLEMENTARY INFORMATION: In 1976, pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976 (4R Act), representatives of the railroads and their employees agreed on ‘‘[f]air and equitable arrangements’’ to protect employees impacted by certain projects financed by the Federal Government. The Secretary of Labor adopted these protections in a letter to the Secretary of Transportation dated July 6, 1976. FRA has placed a copy of this letter and the accompanying protections in the docket for this guidance. In general, these protections provided that a railroad employee who is adversely affected by a project receiving certain financing from the Federal Government was entitled to receive a displacement allowance, and/or a dismissal allowance, among other benefits. Many of FRA’s current discretionary grant programs, including the Consolidated Rail Infrastructure and Safety Improvements Program and the Federal-State Partnership for State of Good Repair Program, are subject to the grant conditions described in section 22905(c) of title 49, U.S.C. As relevant here, section 22905(c)(2)(B), requires grant applicants, for any grant for a project that uses rights-of-way owned by a railroad, to agree to comply with ‘‘the protective arrangements that are equivalent to the protective arrangements established under’’ the 4R Act. While this requirement is a condition of many FRA grants, it is not often applicable (as FRA’s grants do not typically cause an adverse impact to railroad employees). With that said, FRA developed the FRA Guidance to assist grantees and to facilitate compliance with these important protections. Once final, FRA intends to include the FRA Guidance as an appendix to all new grant and cooperative agreements subject to section 22905(c)(2)(B), and grantees will be required to ensure the inclusion of VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 the FRA Guidance, as applicable, in all contracts for the FRA-funded project. Costs incurred to comply with the FRA Guidance and in a manner consistent with 2 CFR part 200 are eligible for reimbursement under the applicable grant. Section 22905(c)(2)(B) specifically requires protective arrangements ‘‘equivalent’’ to those established under the 4R Act. As such, in the FRA Guidance, FRA did not deviate from the protections adopted by the Secretary of Labor in 1976. The FRA Guidance only seeks to clarify the protections and to ensure grant applicants understand them. FRA did not create new, or remove existing, protections. As noted, FRA has included a copy of the Secretary of Labor’s letter and the accompanying protections in the docket to facilitate review of the FRA Guidance. The FRA Guidance describes both procedural and substantive protections. The substantive protections include dismissal and displacement allowances and moving assistance, among other items included in the original 4R Act protections. The procedural protections include opportunities for employees (or their representatives) to engage in negotiations with respect to application of the protections. Privacy Act FRA may solicit comments from the public to better inform its guidance process. FRA posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. In order to facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. Allison Ishihara Fultz, Chief Counsel. [FR Doc. 2022–04530 Filed 3–3–22; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Transit Administration FY 2022 Competitive Funding Opportunity: Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice of Funding Opportunity (NOFO). AGENCY: The Federal Transit Administration (FTA) announces the opportunity to apply for approximately $1.1 billion in competitive grants under the fiscal year (FY) 2022 Low or No Emission Grant Program (Low-No Program) (Federal Assistance Listing: 20.526) and approximately $372 million in FY 2022 funds under the Grants for Buses and Bus Facilities Program (Buses and Bus Facilities Program) (Federal Assistance Listing 20.526), subject to availability of appropriated funding. DATES: Complete proposals must be submitted electronically through the GRANTS.GOV ‘‘APPLY’’ function by 11:59 p.m. Eastern time on May 31, 2022. Prospective applicants should initiate the process by registering on the GRANTS.GOV website promptly to ensure completion of the application process before the submission deadline. ADDRESSES: Instructions for applying can be found on FTA’s website at https://www.transit.dot.gov/howtoapply and in the ‘‘FIND’’ module of GRANTS.GOV. The funding opportunity ID is FTA–2022–001–TPM– LWNO for Low-No applications and FTA–2022–002–TPM–BUSC for Buses and Bus Facilities applications. Please note, if an application is choosing to apply to both programs, the applicant must submit a GRANTS.GOV package to each opportunity ID. Mail and fax submissions will not be accepted. FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the Low-No/Bus grant program staff via email at ftalownobusnofo@dot.gov, or call Amy Volz at 202–366–7484. SUPPLEMENTARY INFORMATION: As required by Federal public transportation law, Low or No Emission Grant Program funds will be awarded competitively for the purchase or lease of low or no emission vehicles that use advanced technologies for transit revenue operations, including related equipment or facilities. As required by Federal public transportation law, Buses and Bus Facilities Program funds will be SUMMARY: E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices awarded competitively to assist in the financing of capital projects to replace, rehabilitate, purchase or lease buses and related equipment, and to rehabilitate, purchase, construct or lease bus-related facilities. Zero-emission projects will include costs for workforce development, unless the applicant certifies funds are not needed. In general, projects may include costs incidental to the acquisition of buses or to the construction of facilities, such as the costs of related workforce development and training activities, and project administration expenses. As these two programs have overlapping eligibilities and must be implemented on the same timeline as required by changes made by the Bipartisan Infrastructure Law (enacted as the Infrastructure Investment and Jobs Act), FTA is publishing this joint NOFO. Per Federal public transportation law, FTA will award grants for these programs within 75 days after the date this solicitation expires from funds available for award at that time. FTA may extend the application deadline, and may award additional funding that is made available to the programs prior to the announcement of project selections. If during FY2022, additional funding is made available for these programs after announcement of project selections, FTA may make additional awards under a separate NOFO. Table of Contents lotter on DSK11XQN23PROD with NOTICES1 A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information A. Program Description This is a combined NOFO and announces the availability of FY 2022 funding for both the Low-No and the Buses and Bus Facilities Program. Federal public transportation law (49 U.S.C. 5339(c)) authorizes FTA to award grants for low or no emission bus projects through a competitive process, as described in this notice. The Low-No Program provides funding to State (including territories and Washington DC), local governmental authorities, and tribal governments for the purchase or lease of zero-emission and low-emission transit buses, including acquisition, construction, and leasing of required supporting facilities such as recharging, refueling, and maintenance facilities. Federal public transportation law (49 U.S.C. 5339(b)) authorizes FTA to award grants for the Buses and Bus Facilities VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 Program through a competitive process, as described in this notice. Grants under this program are for capital projects to replace, rehabilitate, purchase, or lease buses and related equipment, or to rehabilitate, purchase, construct, or lease bus-related facilities. These programs support FTA’s priorities and objectives through investments that (1) renew our transit systems; (2) reduce greenhouse gas emissions from public transportation, (3) advance racial equity, (4) maintain and create good-paying jobs with a free and fair choice to join a union, and (5) connect communities. These programs also support the President’s Building a Better America initiative to mobilize American ingenuity to build a modern infrastructure and an equitable, clean energy future. In addition, this NOFO will advance the goals of the President’s January 20, 2021, Executive Order 14008, Tackling the Climate Crisis at Home and Abroad and Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. B. Federal Award Information Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) authorizes $71,561,189 in FY 2022 for the Low-No Program. The 2021 Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure Investment and Jobs Act, Pub. L. 117–58) appropriated an additional $1,029,000,000 for FY 2022 grants, for a total of $1,100,561,189 for grants under the Low-No program, subject to the availability of FY 2022 appropriated funding. Additional funds made available prior to project selection may be allocated to eligible projects. If during FY2022, additional funding is made available for this program after announcement of project selections, FTA may issue another NOFO and make additional awards. As required by Federal public transportation law (49 U.S.C. 5339(c)(5)), a minimum of 25 percent of the amount awarded under the Low-No Program will be awarded to low emission projects other than zero emission vehicles and related facilities. In FY 2021, the program received applications for 187 projects requesting a total of $917 million. Forty-nine projects were funded at a total of $182 million. Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) authorizes $375,696,244 in FY 2022 funds for the Buses and Bus Facilities Program. After the oversight takedown of $3,354,431, FTA is announcing the availability of $372,341,813 for the Buses and Bus Facilities Program through this notice, PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 12529 subject to availability of FY 2022 appropriated funding. Additional funds made available prior to project selection may be allocated to eligible projects. If during FY2022, additional funding is made available for this program after announcement of project selections, FTA may make additional awards under a separate NOFO. As required by Federal public transportation law at 49 U.S.C. 5339(b)(5), a minimum of 15 percent of the amount awarded under the Buses and Bus Facilities Program will be awarded to projects located in rural areas. As required by 49 U.S.C. 5339(b)(8), no single grant recipient will be awarded more than 10 percent of the amount made available. In FY 2020, the program received applications for 282 projects requesting a total of $1.8 billion. Ninety-six projects were funded at a total of $464 million. An applicant may submit a low or no emissions project to both the Buses and Bus Facilities Program and the Low-No Program, or submit the project only to the Low-No Program or only to the Buses and Bus Facilities Program. If a project submitted for consideration under both programs is selected for funding, FTA will exercise its discretion to determine under which program the project will receive an award. Please note if submitting to both programs, a separate application package must be submitted to each opportunity ID for the respective program listed on GRANTS.GOV. FTA may cap the amount a single recipient or State may receive as part of the selection process for either program. FTA will grant pre-award authority to incur costs for selected projects beginning on the date FY 2022 project selections are announced on FTA’s website. Funds are available for obligation for three fiscal years after the fiscal year in which the competitive awards are announced. Funds are available only for eligible costs incurred after announcement of project selections. FTA intends to fund as many meritorious projects as possible. C. Eligibility Information 1. Eligible Applicants Eligible applicants for the Low or No Emission Program include designated recipients, States (including territories and Washington DC), local governmental authorities, and Indian tribes. Proposals for funding projects in rural (non-urbanized) areas, defined as an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an ‘‘urbanized area’’ E:\FR\FM\04MRN1.SGM 04MRN1 lotter on DSK11XQN23PROD with NOTICES1 12530 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices by the Secretary of Commerce may be submitted as part of a consolidated State proposal. To be considered eligible, applicants must be able to demonstrate the requisite legal, financial, and technical capabilities to receive and administer Federal funds under this program. Assistance on this requirement is available from FTA’s Regional Offices. Eligible applicants for the Buses and Bus Facilities Program include designated recipients that allocate funds to fixed route bus operators, States (including territories and Washington DC) or local governmental entities that operate fixed route bus service, and Indian tribes. Eligible subrecipients include all otherwise eligible applicants and also private nonprofit organizations engaged in public transportation. Except for projects proposed by Indian tribes, all proposals for projects in rural (non-urbanized) areas must be submitted by a State, either individually or as a part of a statewide application. States and other eligible applicants also may submit consolidated proposals for projects in urbanized areas. The submission of a statewide or consolidated urbanized area application does not preclude any other eligible recipients in an urbanized area or in a State from also submitting a separate application. Proposals may contain projects to be implemented by the recipient or its subrecipients. As permitted under Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)), an applicant proposing a low or no emission project under both the Buses and Bus Facilities Program and the Low-No Program, or an applicant proposing only a low or no emission project under the Low-No program, may include partnerships with other entities that intend to participate in the implementation of the project, including, but not limited to, specific vehicle manufacturers, equipment vendors, owners or operators of related facilities, or project consultants. If an application that involves such a partnership is selected for funding, the project will be deemed to satisfy the requirement for a competitive procurement under 49 U.S.C. 5325(a) for the named entities. Applicants are advised that any changes to the proposed partnership will require FTA written approval, must be consistent with the scope of the approved project, and may necessitate a competitive procurement. 2. Cost Sharing or Matching The maximum Federal share for projects that involve leasing or acquiring transit buses (including clean VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 fuel or alternative fuel vehicles) for purposes of complying with or maintaining compliance with the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of 1990 is 85 percent of the net project cost. The maximum Federal share for the cost of acquiring, installing, or constructing vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for purposes of complying with or maintaining compliance with the CAA or ADA is 90 percent of the net project cost of such equipment or facilities that are attributable to compliance with the CAA or ADA. The award recipient must itemize the cost of specific, discrete, vehicle-related equipment associated with compliance with the CAA to be eligible for the maximum 90 percent Federal share for these costs. The Federal share of the cost of other projects shall not exceed 80 percent. Eligible sources of match include the following: Cash from non-Government sources other than revenues from providing public transportation services; revenues derived from the sale of advertising and concessions; amounts received under a service agreement with a State or local social service agency or private social service organization; revenues generated from value capture financing mechanisms; funds from an undistributed cash surplus; replacement or depreciation cash fund or reserve; new capital; or in-kind contributions. Transportation development credits or in-kind match may be used for local match if identified and documented in the application. 3. Eligible Projects Under the Low-No Program (49 U.S.C. 5339(c)), eligible projects include projects or programs of projects in an eligible area for: (1) Purchasing or leasing low or no emission buses; (2) acquiring low or no emission buses with a leased power source; (3) constructing or leasing facilities and related equipment for low or no emission buses; (4) constructing new public transportation facilities to accommodate low or no emission buses; or (5) rehabilitating or improving existing public transportation facilities to accommodate low or no emission buses (49 U.S.C. 5339(c)(1)(B)). As required by Federal public transportation law (49 U.S.C. 5339(c)(5)), FTA will consider only eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions than comparable standard buses or other PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 low or no emission buses. A single application may include both vehicle and facility components, along with associated equipment and workforce development plans. A low or no emission bus is defined as a passenger vehicle used to provide public transportation that sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a standard vehicle. The statutory definition includes zero emission transit buses, which are defined as buses that produce no direct carbon emissions and no particulate matter emissions under any and all possible operational modes and conditions. Examples of zero emission bus technologies include, but are not limited to, hydrogen fuel-cell buses, battery-electric buses, and rubber tire trolley buses powered by overhead catenaries. All new transit bus models must successfully complete FTA bus testing for production transit buses pursuant to FTA’s Bus Testing regulation (49 CFR part 665) in order to be procured with funds awarded under the Low-No Program. All transit vehicles must be procured from certified transit vehicle manufacturers in accordance with the Disadvantaged Business Enterprise (DBE) regulations (49 CFR part 26). The development or deployment of prototype vehicles is not eligible for funding under the Low-No Program. Eligible projects for the Buses and Bus Facilities Program include capital projects to replace, rehabilitate, purchase, or lease buses, vans, or related equipment; or to rehabilitate, purchase, construct, or lease bus-related facilities regardless of propulsion type or emissions. A single application may include both vehicle and facility components, along with associated equipment and workforce development activities. Recipients are permitted to use up to 0.5 percent of their requested grant award for workforce development activities eligible under Federal public transportation law (49 U.S.C. 5314(b)), including on-the-job training, labormanagement partnership training, and registered apprenticeships, and an additional 0.5 percent for costs associated with training at the National Transit Institute. For applicants proposing projects related to zero-emission vehicles for either program, 5 percent of the requested Federal award must be used for workforce development to retrain the existing workforce and develop the workforce of the future, including registered apprenticeships and other joint labor-management training E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices programs, as outlined in the applicant’s Zero-Emission Transition Plan (see Section E(1)(c) of this notice), unless the applicant certifies via the application that less funding is needed to carry out the Plan. Applicants must identify the proposed use of funds for these activities in the project proposal and identify them separately in the project budget. These amounts are additional, not a take-down, from other eligible project expenses. For example, if the total capital costs of the vehicles and equipment was $95,000, an additional $5,000 should be included in the budget for these expenses for a total project cost of $100,000. Applicants are encouraged to discuss training needs with their workforce and to develop training plans in collaboration with unions and other workforce representatives, as well as with workforce boards, community colleges, and other workforce organizations. Applicants that propose not to use the full five percent available must include an explanation as to why the funds are not needed. Absent an explanation, a zero-emission application that does not include 5 percent of its project budget for workforce development will be deemed ineligible. If a single project proposal involves multiple public transportation providers, such as when an agency acquires vehicles that will be operated by another agency, the proposal must include a detailed statement regarding the role of each public transportation provider in the implementation of the project. lotter on DSK11XQN23PROD with NOTICES1 D. Application and Submission Information 1. Address To Request Application Package Applications must be submitted electronically through GRANTS.GOV. General information for accessing and submitting applications through GRANTS.GOV can be found at www.fta.dot.gov/howtoapply along with specific instructions for the forms and attachments required for submission. Mail or fax submissions of completed proposals will not be accepted. A complete proposal submission for each program consists of two forms: The SF– 424 Application for Federal Assistance (available at GRANTS.GOV) and the supplemental form for the FY 2022 Low-No and Buses and Bus Facilities Programs (downloaded from GRANTS.GOV or the FTA website at https://www.transit.dot.gov/funding/ grants/lowno). The same supplemental form will be used to apply to either program or both programs. However, please note that if an applicant is VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 applying to both programs they must submit the materials through each of the GRANTS.GOV opportunity ID’s listed for each program. Failure to submit the information as requested can delay review or disqualify the application. 2. Content and Form of Application Submission a. Proposal Submission A complete proposal submission for each program consists of two forms: (1) The SF–424 Application for Federal Assistance; and (2) the supplemental form for the FY 2022 Low-No and Buses and Bus Facilities Programs. The supplemental form and any supporting documents must be attached to the ‘‘Attachments’’ section of the SF–424. The application must include responses to all sections of the SF–424 Application for Federal Assistance and the supplemental form, unless indicated as optional. The information on the supplemental form will be used to determine applicant and project eligibility for the program, and to evaluate the proposal against the selection criteria described in part E of this notice. FTA will accept only one supplemental form per SF–424 submission. FTA encourages States and other applicants to consider submitting a single supplemental form that includes multiple activities to be evaluated as a consolidated proposal. If a State or other applicant chooses to submit separate proposals for individual consideration by FTA, each proposal must be submitted using a separate SF– 424 and supplemental form. Applicants may attach additional supporting information to the SF–424 submission, including but not limited to letters of support, project budgets, fleet status reports, or excerpts from relevant planning documents. Applicants for zero-emission projects must attach the fleet transition plan. Any supporting documentation must be described and referenced by file name in the appropriate response section of the supplemental form, or it may not be reviewed. Information such as applicant name, Federal amount requested, local match amount, description of areas served, etc. may be requested in varying degrees of detail on both the SF–424 and supplemental form. Applicants must fill in all fields unless stated otherwise on the forms. If information is copied into the supplemental form from another source, applicants should verify that pasted text is fully captured on the supplemental form and has not been truncated by the character limits built PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 12531 into the form. Applicants should use both the ‘‘Check Package for Errors’’ and the ‘‘Validate Form’’ validation buttons on both forms to check all required fields on the forms, and ensure that the Federal and local amounts specified are consistent. Applicants should enter their information in the supplemental form (fillable PDF) that is made available on FTA’s website or through the GRANTS.GOV application package, and should attach this to the application in its original format. Applicants should not use scanned versions of the form, ‘‘print’’ the form to PDF, convert or create a version using another text editor, etc. b. Application Content The SF–424 Application for Federal Assistance and the supplemental form will prompt applicants for the required information, including: i. Applicant name ii. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number iii. Key contact information (including contact name, address, email address, and phone) iv. Congressional district(s) where project will take place v. Project information (including title, an executive summary, and type) vi. A detailed description of the need for the project vii. A detailed description on how the project will support either Program’s objectives viii. Evidence that the project is consistent with local and regional planning documents ix. Evidence that the applicant can provide the local cost share x. A description of the technical, legal, and financial capacity of the applicant xi. A detailed project budget xii. An explanation of the scalability of the project xiii. Details on the local matching funds xiv. A detailed project timeline 3. Unique Entity Identifier and System for Award Management (SAM) Each applicant is required to: (1) Be registered in SAM before submitting an application; (2) provide a valid unique entity identifier in its application; and (3) continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by FTA. These requirements do not apply if the applicant has an exemption approved by FTA pursuant to 2 CFR 25.110(c), or is otherwise excepted from registration requirements. FTA may not E:\FR\FM\04MRN1.SGM 04MRN1 12532 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 make an award until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time FTA is ready to make an award, FTA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making a Federal award to another applicant. All applicants must provide a unique entity identifier provided by SAM. Registration in SAM may take as little as 3–5 business days, but since there could be unexpected steps or delays (for example, if there is a need to obtain an Employer Identification Number), FTA recommends allowing ample time, up to several weeks, for completion of all steps. For additional information on obtaining a unique entity identifier, please visit www.sam.gov. 4. Submission Dates and Times Project proposals must be submitted electronically through GRANTS.GOV by 11:59 p.m. Eastern time on May 31, 2022. GRANTS.GOV attaches a time stamp to each application at the time of submission. Proposals submitted after the deadline will only be considered under extraordinary circumstances not under the applicant’s control. Mail and fax submissions will not be accepted. Within 48 hours after submitting an electronic application, the applicant should receive an email message from GRANTS.GOV with confirmation of successful transmission to GRANTS.GOV. If a notice of failed validation or incomplete materials is received, the applicant must address the reason for the failed validation, as described in the email notice, and resubmit before the submission deadline. If making a resubmission for any reason, include all original attachments regardless of which attachments were updated and check the box on the supplemental form indicating this is a resubmission. FTA urges applicants to submit applications at least 72 hours prior to the due date to allow time to receive the validation messages and to correct any problems that may have caused a rejection notification. GRANTS.GOV scheduled maintenance and outage times are announced on the GRANTS.GOV website. Deadlines will not be extended due to scheduled website maintenance. Applicants are encouraged to begin the process of registration on the GRANTS.GOV site well in advance of the submission deadline. Registration is a multi-step process, which may take several weeks to complete before an application can be submitted. Registered VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 applicants may still be required to take steps to keep their registrations up to date before submissions can be made successfully. For example, (1) registration in SAM is renewed annually, and (2) persons making submissions on behalf of the Authorized Organization Representative (AOR) must be authorized in GRANTS.GOV by the AOR to make submissions. 5. Funding Restrictions Funds under this NOFO cannot be used to reimburse applicants for otherwise eligible expenses incurred prior to FTA award of a grant agreement until FTA has issued pre-award authority for selected projects. FTA will issue pre-award authority to incur costs for selected projects beginning on the date that project selections are announced. FTA does not provide preaward authority for competitive funds until projects are selected, and even then, there are Federal requirements that must be met before costs are incurred. FTA will issue specific guidance to awardees regarding preaward authority at the time of selection. For more information about FTA’s policy on pre-award authority, please see the most recent Apportionment Notice on FTA’s website. Refer to Section C.3., Eligible Projects, for information on activities that are allowable in this grant program. Allowable direct and indirect expenses must be consistent with the Governmentwide Uniform Administrative Requirements and Cost Principles (2 CFR part 200) and FTA Circular 5010.1E. Funds may not be used to support or oppose union organizing. 6. Other Submission Requirements All applications must be submitted via the GRANTS.GOV website. FTA does not accept applications on paper, by fax machine, email, or other means. For information on application submission requirements, please see Section D.1. of this notice, Address to Request Application. E. Application Review Information 1. Criteria Projects will be evaluated primarily on the responses provided in the supplemental form. Additional information may be provided to support the responses; however, any additional documentation must be directly referenced on the supplemental form, including the file name where the additional information can be found. FTA will evaluate proposals based on the criteria described in this notice. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Applicants are encouraged to identify scaled funding options in case insufficient funding is available to fund a project at the full requested amount. If an applicant indicates that a project is scalable, the applicant must provide an appropriate minimum funding amount that will fund an eligible project that achieves the objectives of the program and meets all relevant program requirements. The applicant must provide a clear explanation of how the project budget would be affected by a reduced award. FTA may award a lesser amount regardless of whether a scalable option is provided. If an applicant is proposing to deploy autonomous vehicles or other innovative motor vehicle technology, the application should demonstrate that all vehicles will comply with applicable safety requirements, including those administered by the National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA). Specifically, the application should show that vehicles acquired for the proposed project will comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety Regulations (FMCSR). If the vehicles may not comply, the application should either (1) show that the vehicles and their proposed operations are within the scope of an exemption or waiver that has already been granted by NHTSA, FMCSA, or both agencies or (2) directly address whether the project will require exemptions or waivers from the FMVSS, FMCSR, or any other regulation and, if the project will require exemptions or waivers, present a plan for obtaining them. FTA will also consider the extent to which the application presents a plan to address workforce impacts of autonomous vehicles or other innovative motor vehicle technology. a. Demonstration of Need Since the purpose of these programs is to fund vehicles and facilities, applications will be evaluated based on the quality and extent to which they demonstrate how the proposed project will address an unmet need for capital investment in vehicles and/or supporting facilities. For example, an applicant may demonstrate that it requires additional or improved charging or maintenance facilities for low or no emission vehicles, that it intends to replace existing vehicles that have exceeded their minimum useful life, or that it requires additional vehicles to meet current ridership demands or expand services to better connect underserved communities. E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices FTA will consider an applicant’s responses to the following criteria when assessing the need for capital investment underlying the proposed project: For bus projects (replacement or expansion): For replacement requests, applicants must provide information on the age, condition, and performance of the vehicles to be replaced by the proposed project. Vehicles to be replaced must have met their minimum useful life at the time of project completion. For service expansion requests, applicants must provide information on the proposed service expansion and the benefits for transit riders and the community from the new service. For all vehicle projects, the proposal must address whether the project conforms to FTA’s spare ratio guidelines. Vehicles funded under these programs are not exempt from FTA’s standard spare ratio requirements, which apply to and are calculated based on the agency’s entire fleet. Applicants that are introducing zero emission vehicles into their fleet may consider including vehicles that have already met their minimum useful life in a contingency fleet, which is not included in the spare ratio calculation. Additionally, applicants who may need to exceed the spare ratio for a temporary period are encouraged to work with their FTA Regional Office to determine what flexibilities may be afforded to them and include reference to that in their application. For bus facility and equipment projects (replacement, rehabilitation, or expansion): For replacement requests, applicants must provide information on the age and condition of the asset to be rehabilitated or replaced relative to its minimum useful life. For expansion requests, applicants must provide information on the proposed expansion and the reason that transit riders and the community need the expansion. b. Demonstration of Benefits lotter on DSK11XQN23PROD with NOTICES1 i. Low or No Emissions Program Applicants to the Low-No Program must demonstrate how the proposed project will support the statutory requirements of the Low-No Program (See 49 U.S.C. 5339(c)(5)(A)). In particular, FTA will consider the quality and extent to which applications demonstrate how the proposed project will: (1) Reduce Energy Consumption; (2) Reduce Harmful Emissions; and (3) Reduce Direct Carbon Emissions. Reduce Energy Consumption: Applicants must describe how the proposed project will reduce energy consumption. FTA will evaluate VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 applications based on the degree to which the proposed technology reduces energy consumption as compared to comparable standard vehicle propulsion technologies. Reduce Harmful Emissions: Applicants must demonstrate how the proposed vehicles or facility will reduce the emission of particulates that create local air pollution, which leads to local environmental health concerns, smog, and unhealthy ozone concentrations. FTA will evaluate the rate of particulate emissions by the proposed vehicles or vehicles to be supported by the proposed facility, compared to the emissions from the vehicles that will be replaced or moved to the contingency fleet as a result of the proposed project, as well as comparable standard buses. Reduce Direct Carbon Emissions: Applicants should demonstrate how the proposed vehicles or facility will reduce emissions of greenhouse gases from transit vehicle operations. FTA will evaluate the rate of direct carbon emissions by the proposed vehicles or vehicles to be supported by the proposed facility, compared to the emissions from the vehicles that will be replaced or moved to the contingency fleet as a result of the proposed project, as well as comparable standard buses. ii. Grants for Buses and Bus Facilities Program Applicants to the Buses and Bus Facilities Program will be evaluated based on how well they describe how the proposed project will improve the condition of, or otherwise modernize, the transit system; improve the reliability of transit service for its riders; improve the resilience of transit facilities, enhance access and mobility within the service area, particularly for low-income or underserved communities; and expand accessibility for people with disabilities. System Condition: FTA will evaluate the potential for replacement projects to improve the condition of the transit system by repairing or replacing assets that are in poor condition or have surpassed their minimum or intended useful life benchmarks. Applicants may describe the benefits of reducing breakdowns and service interruptions, mitigating safety risks, increasing service performance, improving resilience, and/or reducing the cost of maintaining outdated vehicles, facilities and equipment. Enhanced Access and Mobility: FTA will evaluate the potential for expansion projects to improve access and mobility for the transit riding public, particularly for low-income and underserved communities and people with PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 12533 disabilities, including improved headways, creation of new transportation choices, or eliminating gaps in the current route network. Proposed benefits should be based on documented ridership demand, based on indicators like area population density, employment served, and existing and planned affordable housing in the corridor, and be well-described or documented through a study or route planning proposal. Applicants that intend to apply to both programs must submit information that addresses the requirements of both programs as described above. c. Planning and Local or Regional Prioritization Applicants must demonstrate how the proposed project is consistent with local and regional long-range planning documents and local government priorities. FTA will evaluate applications based on the quality and extent to which they assess whether the project is consistent with the transit priorities identified in the long-range plan for all proposals; contingency or illustrative projects included in that plan; or the locally developed human services public transportation coordinated plan. Applicants may submit copies of the relevant pages of such plans to support their application. FTA will consider how the project will support regional goals and applicants may submit support letters from local and regional planning organizations attesting to the consistency of the proposed project with these plans. Evidence of additional local or regional prioritization may include letters of support for the project from local government officials, public agencies, and non-profit or private sector supporters. Applicants may also address how the proposed project will impact overall system performance, asset management performance, or specific performance measures tracked and monitored by the applying entity to demonstrate how the proposed project will address local and regional planning priorities. For applications related to zeroemission vehicles under either the LowNo or Buses and Bus Facilities programs, applicants are required by law (49 U.S.C. 5339(c)(3)(D)) to submit a Zero-Emission Fleet Transition Plan. This plan must be a separate document from other local or regional planning documents and must: (1) Demonstrate a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions; (2) address the availability of current and future resources to meet E:\FR\FM\04MRN1.SGM 04MRN1 12534 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices costs for the transition and implementation; (3) consider policy and legislation impacting relevant technologies; (4) include an evaluation of existing and future facilities and their relationship to the technology transition; (5) describe the partnership of the applicant with the utility or alternative fuel provider; and (6) examine the impact of the transition on the applicant’s current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoid the displacement of the existing workforce. FTA intends to continue to develop technical assistance resources to assist transit agencies in developing fleet transition plans. As a first step, FTA has worked with the Transit Workforce Center to develop a template that transit agencies may use related to the workforce section of the fleet transition plan. That template will be available at: https://www.transit.dot.gov/funding/ grants/lowno. For agencies with smaller fleets, a fleet transition plan need not be complex and should be tailored as applicable, but it still must address all six elements. For applications from State departments of transportation, the state may either provide a fleet transition plan that covers some or all of the subrecipients, attach individual plans developed by the subrecipients, or a combination of both. FTA will rate a zero-emission project higher than other zero-emission projects if the applicant is able to demonstrate how the proposed project and fleet transition plan support the conversion of the agency’s overall fleet to zero emissions. lotter on DSK11XQN23PROD with NOTICES1 d. Local Financial Commitment Applicants must identify the source of the local cost share and describe whether such funds are currently available for the project or will need to be secured if the project is selected for funding. FTA will consider the availability of the local cost share as evidence of local financial commitment to the project. Applicants should submit evidence of the availability of funds for the project; for example, by including a board resolution, letter of support from the State, a budget document highlighting the line item or section committing funds to the proposed project, or other documentation of the source of local funds. FTA will favorably view an applicant that proposes to use grant funds only for the incremental cost of new technologies over the cost of replacing vehicles with standard propulsion technologies. VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 e. Project Implementation Strategy FTA will rate projects higher if grant funds can be obligated within 12 months of selection and the project can be implemented within a reasonable time frame. In assessing when funds can be obligated, FTA will consider whether the project qualifies for a Categorical Exclusion (CE), or whether the required environmental work has been initiated or completed for projects that require an Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969 (NEPA). As such, applicants should submit information describing the project’s anticipated path and timeline through the environmental review process for all proposals. The proposal must state when grant funds can be obligated and indicate the timeframe under which the Metropolitan Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) can be amended to include the proposed project. In assessing whether the proposed implementation plans are reasonable and complete, FTA will review the proposed project implementation plan, including all necessary project milestones and the overall project timeline. For projects that will require formal coordination, approvals, or permits from other agencies or project partners, the applicant must demonstrate coordination with these organizations and their support for the project, such as through letters of support. Applicants that have identified a cooperative procurement strategy listed in Section 3019 of the Fixing America’s Surface Transportation Act (49 U.S.C. 5325), are encouraged to describe the method chosen as part of their implementation plans and how such a cooperative procurement will reduce costs. For proposals that involve a partnership with a manufacturer, vendor, consultant, or other third party, applicants must identify by name any project partners, including, but not limited to, other transit agencies, bus manufacturers, owners or operators of related facilities, or any expert consultants. Such partnerships are permitted under Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)) only for applicants proposing a low or no emission project under both the Buses and Bus Facilities Program and the Low-No Program, or for applicants proposing only a low or no emission project under the Low-No program. FTA will evaluate the PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 experience and capacity of the named project partners to successfully implement the proposed project based on the partners’ experience and qualifications. Applicants are advised to submit information on the partners’ qualifications and experience as a part of the application. Entities to be involved in the project that are not named in the application must be selected through ordinary procurement processes. f. Technical, Legal, and Financial Capacity Applicants must demonstrate that they have the technical, legal, and financial capacity to undertake the project. FTA will review relevant oversight assessments and records to determine whether there are any outstanding legal, technical, or financial issues with the applicant that would affect the outcome of the proposed project. Applicants with outstanding legal, technical, or financial compliance issues from an FTA compliance review or Federal Transit grant-related Single Audit finding must explain how corrective actions taken will mitigate negative impacts on the proposed project. 2. Review and Selection Process A technical evaluation committee will evaluate proposals based on the published evaluation criteria. FTA may request additional information from applicants, if necessary. Based on the review of the technical evaluation committee, the FTA Administrator will determine the final selection of projects for program funding. In determining the allocation of program funds, FTA may consider geographic diversity, diversity in the size of the transit systems receiving funding, and the applicant’s receipt of other competitive awards. FTA may also consider capping the amount a single applicant may receive. After applying the above criteria, and in support of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act, FTA will give priority to additional considerations. In further support of Executive Order 14008, FTA will give priority consideration to applications under the Buses and Bus Facilities Program that are expected to create significant community benefits relating to the environment, including those projects that incorporate low or no emission technology or specific elements to address greenhouse gas emissions and climate change impacts. FTA encourages applicants to demonstrate E:\FR\FM\04MRN1.SGM 04MRN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices whether they have considered climate change and environmental justice in terms of the transportation planning process or anticipated design components with outcomes that address climate change (e.g., resilience or adaptation measures). The application should describe what specific climate change or environmental justice activities have been incorporated, including whether a project supports a Climate Action Plan, whether an equitable development plan has been prepared, and whether tools such as EPA’s EJSCREEN at: https:// www.epa.gov/ejscreen or DOT’s Historically Disadvantaged Community tool at Transportation Disadvantaged Census Tracts (arcgis.com) have been applied in project planning. Applicants could also address how a project is related to housing or land use reforms to increase density to reduce climate impacts. The application should also describe specific and direct ways the project will mitigate or reduce climate change impacts including any components that reduce emissions, promote energy efficiency, incorporate electrification or low emission or zero emission vehicle infrastructure, increase resiliency, recycle or redevelop existing infrastructure, or if located in a floodplain be constructed or upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law. FTA also will give priority consideration to applications that advance racial equity in two areas: (1) Planning and policies related to racial equity and overcoming barriers to opportunity; and (2) project investments that either proactively address racial equity and barriers to opportunity, including automobile dependence as a form of barrier, or redress prior inequities and barriers to opportunity. Applicants could also address how a project is related to housing or land use reforms to address historic barriers to opportunity. This objective has the potential to enhance environmental stewardship and community partnerships, and reflects Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. FTA encourages the applicant to include sufficient information to evaluate how the applicant will advance racial equity and address barriers to opportunity. The applicant should describe any transportation plans or policies related to equity and barriers to opportunity they are implementing or have implemented in relation to the proposed VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 project, along with the specific project investment details necessary for FTA to evaluate if the investments are being made either proactively to advance racial equity and address barriers to opportunity or redress prior inequities and barriers to opportunity. All project investment costs for the project that are related to racial equity and barriers to opportunity should be summarized. Applicants for facility projects should also describe whether and how project delivery and implementation create good-paying jobs with the free and fair choice to join a union to the greatest extent possible, the use of demonstrated strong labor standards, practices and policies (including for direct employees, contractors, and sub-contractors); distribution of workplace rights notices; the use of local and economic hiring provisions; registered apprenticeships; or other similar standards or practices; or, for facility projects over $35 million, the use of Project Labor Agreements. Applicants should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements and/or local and economic hiring provisions, and training and placement programs for underrepresented workers) provides opportunities for all workers, including workers underrepresented in construction jobs to be trained and placed in good-paying jobs directly related to the project. FTA will give priority consideration to projects that create good paying jobs with the free and fair choice to join a union and these strong labor protections. Amongst zero-emission applications, FTA will give priority consideration to zero-emission applicants that in the development of the workforce section of the fleet transition plan have consulted with workforce representatives AND identify the use of at least one of the following in their plan (1) use of labormanagement partnerships for training; (2) use of registered apprenticeship training to support skilling of incumbent and entry-level workers with focus on using registered apprenticeship to advance Black, Hispanic, Asian American Native Hawaiian and Pacific Islanders, tribal, women, and other groups facing systemic barriers to employment that may be underrepresented in the current workforce, especially in higher-paying jobs; or (3) identification of how reskilling workers for new fleets advances broader strategy to retain, retrain and recruit employees into good paying jobs, with the choice to join a union and equitable access to training and support that helps workers to stay retained in jobs. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 12535 In support of Executive Order 14008, DOT has been developing a geographic definition of Historically Disadvantaged Communities as part of its implementation of the Justice40 Initiative. Consistent with OMB’s Interim Guidance for the Justice40 Initiative, Historically Disadvantaged Communities include (a) certain qualifying census tracts, (b) any Tribal land, or (c) any territory or possession of the United States. DOT is providing a mapping tool to assist applicants in identifying whether a project is located in a Historically Disadvantaged Community Transportation Disadvantaged Census Tracts (arcgis.com). Use of this map tool is optional; applicants may provide an image of the map tool outputs, or alternatively, consistent with OMB’s Interim Guidance, applicants can supply quantitative, demographic data of their ridership demonstrating the percentage of their ridership that meets the criteria described in Executive Order 14008 for disadvantage. Examples of Historically Disadvantaged Communities that an applicant could address using geographic or demographic information include low income, high and/or persistent poverty, high unemployment and underemployment, racial and ethnic residential segregation, linguistic isolation, or high housing cost burden and substandard housing. Additionally, in support of the Justice40 Initiative, the applicant also should provide evidence of strategies that the applicant has used in the planning process to seek out and consider the needs of those historically disadvantaged and underserved by existing transportation systems. For technical assistance using the mapping tool, please contact GMO@dot.gov. Due to funding limitations, projects that are selected for funding may receive less than the amount originally requested, even if an application did not present a scaled project option. In those cases, applicants must be able to demonstrate that the proposed projects are still viable and can be completed with the amount awarded. 3. Integrity and Performance Review Prior to making an award with a total amount of Federal share greater than the simplified acquisition threshold (currently $10,000), FTA is required to review and consider any information about the applicant that is in the Federal Awardee Performance and Integrity Information Systems (FAPIIS) accessible through SAM. An applicant may review and comment on information about itself that a Federal awarding agency previously entered. FTA will consider E:\FR\FM\04MRN1.SGM 04MRN1 12536 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 CFR 200.206. F. Federal Award Administration Information 1. Federal Award Notices FTA will announce the final project selections on the FTA website. Selectees should contact their FTA Regional Offices for additional information regarding allocations for projects. At the time the project selections are announced, FTA will extend pre-award authority for the selected projects (see Section D.5 of this notice for more information). There is no blanket preaward authority for these projects before announcement. lotter on DSK11XQN23PROD with NOTICES1 2. Administrative and National Policy Requirements a. Grant Requirements If selected, awardees will apply for a grant through FTA’s Transit Award Management System (TrAMS). Recipients of funding in urban areas are subject to the grant requirements of the Urbanized Area Formula Grants program (49 U.S.C. 5307), including those of FTA Circular ‘‘Urbanized Area Formula Program: Program Guidance and Application Instructions’’ (FTA.C.9030.1E). Recipients of funding in rural areas are subject to the grant requirements of the Formula Grants for Rural Areas Program (49 U.S.C. 5311), including those of FTA Circular ‘‘Formula Grants for Rural Areas: Program Guidance and Application Instructions’’ (FTA.C.9040.1G). All recipients must accept the FTA Master Agreement and follow FTA Circular ‘‘Award Management Requirements’’ (FTA.C.5010.1E) and the labor protections required by Federal public transportation law (49 U.S.C. 5333(b)). Technical assistance regarding these requirements is available from each FTA regional office. By submitting a grant application, the applicant assures that it will comply with all applicable Federal statutes, regulations, executive orders, directives, FTA circulars and other Federal administrative requirements in carrying out any project supported by the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 and Assisted Construction’’). Further, the applicant acknowledges that it is under a continuing obligation to comply with the terms and conditions of the grant agreement issued for its project with FTA. The applicant understands that Federal laws, regulations, policies, and administrative practices might be modified from time to time and may affect the implementation of the project. The applicant agrees that the most recent Federal requirements will apply to the project, unless FTA issues a written determination otherwise. The applicant must submit the Certifications and Assurances before receiving a grant if it does not have current certifications on file. Applicants for the Buses and Bus Facilities Program are encouraged to utilize the innovative procurement practices found in Section 3019 of the Fixing America’s Surface Transportation Act (49 U.S.C. 5325). Please see details at https://www.transit.dot.gov/funding/ grants/innovative-procurement-leasingfact-sheet-section-3019. If selected for funding, any project that purchases fewer than five buses through a standalone procurement must provide a written explanation why the tools authorized under Section 3019 were not utilized. As authorized by Section 25019 of the BIL, applicants are encouraged to implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. b. Buy America and Domestic Preferences for Infrastructure Projects All capital procurements must comply with FTA’s Buy America requirements (49 U.S.C. 5323(j)), which require that all iron, steel, and manufactured products be produced in the United States, and imposes minimum domestic content and final assembly requirements for rolling stock. The cost of rolling stock components and subcomponents produced in the United States must be more than 70 percent of the cost of all components, and final assembly of rolling stock must occur in the United States. Any proposal that will require a waiver must identify the items for which a waiver will be sought in the application. Applicants should not proceed with the expectation that waivers will be granted. c. Disadvantaged Business Enterprise Recipients of planning, capital, or operating assistance that will award prime contracts (excluding transit PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 vehicle purchases), the cumulative total of which exceeds $250,000 in FTA funds in a Federal fiscal year, must comply with the Disadvantaged Business Enterprise (DBE) program regulations (49 CFR part 26). To be eligible to bid on any FTAassisted vehicle procurement, entities that manufacture transit vehicles or perform post-production alterations or retrofitting must be certified Transit Vehicle Manufacturers (TVM). If a vehicle remanufacturer is responding to a solicitation for new or remanufactured vehicles with a vehicle to which the remanufacturer has provided postproduction alterations or retro-fitting (e.g., replacing major components such as engine to provide a ‘‘like new’’ vehicle), the vehicle remanufacturer must be a certified TVM. The TVM rule requires that, prior to bidding on any FTA-assisted vehicle procurement, manufacturers of transit vehicles submit a DBE Program plan and annual goal methodology to FTA. FTA then will issue a TVM concurrence and certification letter. Grant recipients must verify each manufacturer’s TVM status before accepting its bid. A list of compliant, certified TVMs is posted on FTA’s website at www.transit.dot.gov/ TVM. Recipients should contact FTA before accepting a bid from a manufacturer not on this list. In lieu of using a certified TVM, a recipient may establish project-specific DBE goals for its vehicle procurement. FTA will provide additional guidance as grants are awarded. For more information on DBE requirements, please contact Monica McCallum, FTA Office of Civil Rights, 206–220–7519, Monica.McCallum@dot.gov. d. Planning FTA encourages applicants to notify the appropriate State Departments of Transportation and Metropolitan Planning Organizations (MPOs) in areas likely to be served by the project funds made available under this program. Selected projects must be incorporated into the long-range plans and transportation improvement programs of States and metropolitan areas before they are eligible for FTA funding. 3. Reporting Post-award reporting requirements include the electronic submission of Federal Financial Reports and Milestone Progress Reports in FTA’s electronic grants management system. Recipients of funds made available through this NOFO are also required to regularly submit data to the National Transit Database. Recipients should include any goals, targets, and indicators referenced E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices in their applications in the Executive Summary of the TrAMS application. FTA is committed to making evidence-based decisions guided by the best available science and data. In accordance with the Foundations for Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use information submitted in discretionary funding applications; information in FTA’s Transit Award Management System (TrAMS), including grant applications, Milestone Progress Reports (MPRs), Federal Financial Reports (FFRs); transit service, ridership and operational data submitted in FTA’s National Transit Database; documentation and results of FTA oversight reviews, including triennial and state management reviews; and other publicly available sources of data to build evidence to support policy, budget, operational, regulatory, and management processes and decisions affecting FTA’s grant programs. As part of completing the annual certifications and assurances required of FTA grant recipients, a successful applicant must report on the suspension or debarment status of itself and its principals. If the award recipient’s active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of an award made pursuant to this Notice, the recipient must comply with the Recipient Integrity and Performance Matters reporting requirements described in Appendix XII to 2 CFR part 200. lotter on DSK11XQN23PROD with NOTICES1 G. Federal Awarding Agency Contacts For further information concerning this notice, please contact the Low-No/ Bus grant program staff via email at ftalownobusnofo@dot.gov, or call Amy Volz, by phone at 202–366–7484. A TDD is available for individuals who are deaf or hard of hearing at 800–877– 8339. In addition, FTA will post answers to questions and requests for clarifications on FTA’s website at https://www.transit.dot.gov. To ensure applicants receive accurate information about eligibility or the program, applicants are encouraged to contact FTA with questions directly, rather than through intermediaries or third parties. For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 1– 800–518–4726 or by email at support@ grants.gov. Contact information for FTA’s regional offices can be found on FTA’s website at www.fta.dot.gov. VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 H. Other Information User-friendly information and resources regarding DOT’s discretionary grant programs relevant to rural applicants can be found on the Rural Opportunities to Use Transportation for Economic Success (ROUTES) website at www.transportation.gov/rural. This program is not subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs.’’ Nuria I. Fernandez, Administrator. [FR Doc. 2022–04621 Filed 3–3–22; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Maritime Administration Notice of Funding Opportunity for America’s Marine Highway Projects Maritime Administration, Department of Transportation. ACTION: Notice of funding opportunity. AGENCY: This notice announces the availability of funding for grants and establishes selection criteria and application requirements for 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 (‘‘DOT’’ or ‘‘Department’’) also seeks eligible grant projects that will strengthen American supply chains. The Department will award Marine Highway Grants to implement projects or components of projects previously designated by the Secretary of Transportation (‘‘Secretary’’) under the AMHP. Only Marine Highway Projects the Secretary designates before the Notice of Funding Opportunity (‘‘NOFO’’) closing date are eligible for funding as described in this notice. DATES: Grant applications must be received by the Maritime Administration (‘‘MARAD’’) by 5:00 p.m. E.D.T. on April 29, 2022. 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 SUMMARY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 12537 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 Avenue 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 (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 regular business hours. SUPPLEMENTARY INFORMATION: Each section of this notice contains information and instructions relevant to the Marine Highway Grants application process. 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.6. 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 marine highway transportation grant program to implement projects or components of designated Marine Highway Projects that provide a coordinated and capable alternative to landside transportation or that promote marine highway transportation. The primary goal of the AMHP is to expand the use of the nation’s navigable waters to relieve landside congestion, reduce air emissions, and generate other public benefits by increasing the efficiency of the surface transportation system, and Marine Highway Grants will be awarded to further this purpose. The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021) (‘‘Bipartisan Infrastructure Law’’ or ‘‘BIL’’) appropriated $25,000,000 to be awarded by the Department for Marine Highway Grants. The grant funds currently available are for projects related to vessels documented under 46 E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12528-12537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04621]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2022 Competitive Funding Opportunity: Low or No Emission Grant 
Program and the Grants for Buses and Bus Facilities Competitive Program

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for approximately $1.1 billion in competitive 
grants under the fiscal year (FY) 2022 Low or No Emission Grant Program 
(Low-No Program) (Federal Assistance Listing: 20.526) and approximately 
$372 million in FY 2022 funds under the Grants for Buses and Bus 
Facilities Program (Buses and Bus Facilities Program) (Federal 
Assistance Listing 20.526), subject to availability of appropriated 
funding.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on May 31, 
2022. Prospective applicants should initiate the process by registering 
on the GRANTS.GOV website promptly to ensure completion of the 
application process before the submission deadline.

ADDRESSES: Instructions for applying can be found on FTA's website at 
https://www.transit.dot.gov/howtoapply and in the ``FIND'' module of 
GRANTS.GOV. The funding opportunity ID is FTA-2022-001-TPM-LWNO for 
Low-No applications and FTA-2022-002-TPM-BUSC for Buses and Bus 
Facilities applications. Please note, if an application is choosing to 
apply to both programs, the applicant must submit a GRANTS.GOV package 
to each opportunity ID. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the Low-No/Bus grant program staff via 
email at [email protected], or call Amy Volz at 202-366-7484.

SUPPLEMENTARY INFORMATION: As required by Federal public transportation 
law, Low or No Emission Grant Program funds will be awarded 
competitively for the purchase or lease of low or no emission vehicles 
that use advanced technologies for transit revenue operations, 
including related equipment or facilities. As required by Federal 
public transportation law, Buses and Bus Facilities Program funds will 
be

[[Page 12529]]

awarded competitively to assist in the financing of capital projects to 
replace, rehabilitate, purchase or lease buses and related equipment, 
and to rehabilitate, purchase, construct or lease bus-related 
facilities. Zero-emission projects will include costs for workforce 
development, unless the applicant certifies funds are not needed. In 
general, projects may include costs incidental to the acquisition of 
buses or to the construction of facilities, such as the costs of 
related workforce development and training activities, and project 
administration expenses. As these two programs have overlapping 
eligibilities and must be implemented on the same timeline as required 
by changes made by the Bipartisan Infrastructure Law (enacted as the 
Infrastructure Investment and Jobs Act), FTA is publishing this joint 
NOFO. Per Federal public transportation law, FTA will award grants for 
these programs within 75 days after the date this solicitation expires 
from funds available for award at that time. FTA may extend the 
application deadline, and may award additional funding that is made 
available to the programs prior to the announcement of project 
selections. If during FY2022, additional funding is made available for 
these programs after announcement of project selections, FTA may make 
additional awards under a separate NOFO.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

    This is a combined NOFO and announces the availability of FY 2022 
funding for both the Low-No and the Buses and Bus Facilities Program.
    Federal public transportation law (49 U.S.C. 5339(c)) authorizes 
FTA to award grants for low or no emission bus projects through a 
competitive process, as described in this notice. The Low-No Program 
provides funding to State (including territories and Washington DC), 
local governmental authorities, and tribal governments for the purchase 
or lease of zero-emission and low-emission transit buses, including 
acquisition, construction, and leasing of required supporting 
facilities such as recharging, refueling, and maintenance facilities.
    Federal public transportation law (49 U.S.C. 5339(b)) authorizes 
FTA to award grants for the Buses and Bus Facilities Program through a 
competitive process, as described in this notice. Grants under this 
program are for capital projects to replace, rehabilitate, purchase, or 
lease buses and related equipment, or to rehabilitate, purchase, 
construct, or lease bus-related facilities.
    These programs support FTA's priorities and objectives through 
investments that (1) renew our transit systems; (2) reduce greenhouse 
gas emissions from public transportation, (3) advance racial equity, 
(4) maintain and create good-paying jobs with a free and fair choice to 
join a union, and (5) connect communities. These programs also support 
the President's Building a Better America initiative to mobilize 
American ingenuity to build a modern infrastructure and an equitable, 
clean energy future. In addition, this NOFO will advance the goals of 
the President's January 20, 2021, Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad and Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) 
authorizes $71,561,189 in FY 2022 for the Low-No Program. The 2021 
Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure 
Investment and Jobs Act, Pub. L. 117-58) appropriated an additional 
$1,029,000,000 for FY 2022 grants, for a total of $1,100,561,189 for 
grants under the Low-No program, subject to the availability of FY 2022 
appropriated funding. Additional funds made available prior to project 
selection may be allocated to eligible projects. If during FY2022, 
additional funding is made available for this program after 
announcement of project selections, FTA may issue another NOFO and make 
additional awards.
    As required by Federal public transportation law (49 U.S.C. 
5339(c)(5)), a minimum of 25 percent of the amount awarded under the 
Low-No Program will be awarded to low emission projects other than zero 
emission vehicles and related facilities. In FY 2021, the program 
received applications for 187 projects requesting a total of $917 
million. Forty-nine projects were funded at a total of $182 million.
    Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) 
authorizes $375,696,244 in FY 2022 funds for the Buses and Bus 
Facilities Program. After the oversight takedown of $3,354,431, FTA is 
announcing the availability of $372,341,813 for the Buses and Bus 
Facilities Program through this notice, subject to availability of FY 
2022 appropriated funding. Additional funds made available prior to 
project selection may be allocated to eligible projects. If during 
FY2022, additional funding is made available for this program after 
announcement of project selections, FTA may make additional awards 
under a separate NOFO.
    As required by Federal public transportation law at 49 U.S.C. 
5339(b)(5), a minimum of 15 percent of the amount awarded under the 
Buses and Bus Facilities Program will be awarded to projects located in 
rural areas. As required by 49 U.S.C. 5339(b)(8), no single grant 
recipient will be awarded more than 10 percent of the amount made 
available. In FY 2020, the program received applications for 282 
projects requesting a total of $1.8 billion. Ninety-six projects were 
funded at a total of $464 million.
    An applicant may submit a low or no emissions project to both the 
Buses and Bus Facilities Program and the Low-No Program, or submit the 
project only to the Low-No Program or only to the Buses and Bus 
Facilities Program. If a project submitted for consideration under both 
programs is selected for funding, FTA will exercise its discretion to 
determine under which program the project will receive an award. Please 
note if submitting to both programs, a separate application package 
must be submitted to each opportunity ID for the respective program 
listed on GRANTS.GOV.
    FTA may cap the amount a single recipient or State may receive as 
part of the selection process for either program.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date FY 2022 project selections are announced 
on FTA's website. Funds are available for obligation for three fiscal 
years after the fiscal year in which the competitive awards are 
announced. Funds are available only for eligible costs incurred after 
announcement of project selections. FTA intends to fund as many 
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants for the Low or No Emission Program include 
designated recipients, States (including territories and Washington 
DC), local governmental authorities, and Indian tribes. Proposals for 
funding projects in rural (non-urbanized) areas, defined as an area 
encompassing a population of less than 50,000 people that has not been 
designated in the most recent decennial census as an ``urbanized area''

[[Page 12530]]

by the Secretary of Commerce may be submitted as part of a consolidated 
State proposal. To be considered eligible, applicants must be able to 
demonstrate the requisite legal, financial, and technical capabilities 
to receive and administer Federal funds under this program. Assistance 
on this requirement is available from FTA's Regional Offices.
    Eligible applicants for the Buses and Bus Facilities Program 
include designated recipients that allocate funds to fixed route bus 
operators, States (including territories and Washington DC) or local 
governmental entities that operate fixed route bus service, and Indian 
tribes. Eligible subrecipients include all otherwise eligible 
applicants and also private nonprofit organizations engaged in public 
transportation.
    Except for projects proposed by Indian tribes, all proposals for 
projects in rural (non-urbanized) areas must be submitted by a State, 
either individually or as a part of a statewide application. States and 
other eligible applicants also may submit consolidated proposals for 
projects in urbanized areas. The submission of a statewide or 
consolidated urbanized area application does not preclude any other 
eligible recipients in an urbanized area or in a State from also 
submitting a separate application. Proposals may contain projects to be 
implemented by the recipient or its subrecipients.
    As permitted under Federal public transportation law (49 U.S.C. 
5339(b)(10), (c)(8)), an applicant proposing a low or no emission 
project under both the Buses and Bus Facilities Program and the Low-No 
Program, or an applicant proposing only a low or no emission project 
under the Low-No program, may include partnerships with other entities 
that intend to participate in the implementation of the project, 
including, but not limited to, specific vehicle manufacturers, 
equipment vendors, owners or operators of related facilities, or 
project consultants. If an application that involves such a partnership 
is selected for funding, the project will be deemed to satisfy the 
requirement for a competitive procurement under 49 U.S.C. 5325(a) for 
the named entities. Applicants are advised that any changes to the 
proposed partnership will require FTA written approval, must be 
consistent with the scope of the approved project, and may necessitate 
a competitive procurement.

2. Cost Sharing or Matching

    The maximum Federal share for projects that involve leasing or 
acquiring transit buses (including clean fuel or alternative fuel 
vehicles) for purposes of complying with or maintaining compliance with 
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of 
1990 is 85 percent of the net project cost.
    The maximum Federal share for the cost of acquiring, installing, or 
constructing vehicle-related equipment or facilities (including clean 
fuel or alternative fuel vehicle-related equipment or facilities) for 
purposes of complying with or maintaining compliance with the CAA or 
ADA is 90 percent of the net project cost of such equipment or 
facilities that are attributable to compliance with the CAA or ADA. The 
award recipient must itemize the cost of specific, discrete, vehicle-
related equipment associated with compliance with the CAA to be 
eligible for the maximum 90 percent Federal share for these costs.
    The Federal share of the cost of other projects shall not exceed 80 
percent.
    Eligible sources of match include the following: Cash from non-
Government sources other than revenues from providing public 
transportation services; revenues derived from the sale of advertising 
and concessions; amounts received under a service agreement with a 
State or local social service agency or private social service 
organization; revenues generated from value capture financing 
mechanisms; funds from an undistributed cash surplus; replacement or 
depreciation cash fund or reserve; new capital; or in-kind 
contributions. Transportation development credits or in-kind match may 
be used for local match if identified and documented in the 
application.

3. Eligible Projects

    Under the Low-No Program (49 U.S.C. 5339(c)), eligible projects 
include projects or programs of projects in an eligible area for: (1) 
Purchasing or leasing low or no emission buses; (2) acquiring low or no 
emission buses with a leased power source; (3) constructing or leasing 
facilities and related equipment for low or no emission buses; (4) 
constructing new public transportation facilities to accommodate low or 
no emission buses; or (5) rehabilitating or improving existing public 
transportation facilities to accommodate low or no emission buses (49 
U.S.C. 5339(c)(1)(B)). As required by Federal public transportation law 
(49 U.S.C. 5339(c)(5)), FTA will consider only eligible projects 
relating to the acquisition or leasing of low or no emission buses or 
bus facilities that make greater reductions in energy consumption and 
harmful emissions than comparable standard buses or other low or no 
emission buses. A single application may include both vehicle and 
facility components, along with associated equipment and workforce 
development plans.
    A low or no emission bus is defined as a passenger vehicle used to 
provide public transportation that sufficiently reduces energy 
consumption or harmful emissions, including direct carbon emissions, 
when compared to a standard vehicle. The statutory definition includes 
zero emission transit buses, which are defined as buses that produce no 
direct carbon emissions and no particulate matter emissions under any 
and all possible operational modes and conditions. Examples of zero 
emission bus technologies include, but are not limited to, hydrogen 
fuel-cell buses, battery-electric buses, and rubber tire trolley buses 
powered by overhead catenaries. All new transit bus models must 
successfully complete FTA bus testing for production transit buses 
pursuant to FTA's Bus Testing regulation (49 CFR part 665) in order to 
be procured with funds awarded under the Low-No Program. All transit 
vehicles must be procured from certified transit vehicle manufacturers 
in accordance with the Disadvantaged Business Enterprise (DBE) 
regulations (49 CFR part 26). The development or deployment of 
prototype vehicles is not eligible for funding under the Low-No 
Program.
    Eligible projects for the Buses and Bus Facilities Program include 
capital projects to replace, rehabilitate, purchase, or lease buses, 
vans, or related equipment; or to rehabilitate, purchase, construct, or 
lease bus-related facilities regardless of propulsion type or 
emissions. A single application may include both vehicle and facility 
components, along with associated equipment and workforce development 
activities.
    Recipients are permitted to use up to 0.5 percent of their 
requested grant award for workforce development activities eligible 
under Federal public transportation law (49 U.S.C. 5314(b)), including 
on-the-job training, labor-management partnership training, and 
registered apprenticeships, and an additional 0.5 percent for costs 
associated with training at the National Transit Institute.
    For applicants proposing projects related to zero-emission vehicles 
for either program, 5 percent of the requested Federal award must be 
used for workforce development to retrain the existing workforce and 
develop the workforce of the future, including registered 
apprenticeships and other joint labor-management training

[[Page 12531]]

programs, as outlined in the applicant's Zero-Emission Transition Plan 
(see Section E(1)(c) of this notice), unless the applicant certifies 
via the application that less funding is needed to carry out the Plan. 
Applicants must identify the proposed use of funds for these activities 
in the project proposal and identify them separately in the project 
budget. These amounts are additional, not a take-down, from other 
eligible project expenses. For example, if the total capital costs of 
the vehicles and equipment was $95,000, an additional $5,000 should be 
included in the budget for these expenses for a total project cost of 
$100,000. Applicants are encouraged to discuss training needs with 
their workforce and to develop training plans in collaboration with 
unions and other workforce representatives, as well as with workforce 
boards, community colleges, and other workforce organizations. 
Applicants that propose not to use the full five percent available must 
include an explanation as to why the funds are not needed. Absent an 
explanation, a zero-emission application that does not include 5 
percent of its project budget for workforce development will be deemed 
ineligible.
    If a single project proposal involves multiple public 
transportation providers, such as when an agency acquires vehicles that 
will be operated by another agency, the proposal must include a 
detailed statement regarding the role of each public transportation 
provider in the implementation of the project.

D. Application and Submission Information

1. Address To Request Application Package

    Applications must be submitted electronically through GRANTS.GOV. 
General information for accessing and submitting applications through 
GRANTS.GOV can be found at www.fta.dot.gov/howtoapply along with 
specific instructions for the forms and attachments required for 
submission. Mail or fax submissions of completed proposals will not be 
accepted. A complete proposal submission for each program consists of 
two forms: The SF-424 Application for Federal Assistance (available at 
GRANTS.GOV) and the supplemental form for the FY 2022 Low-No and Buses 
and Bus Facilities Programs (downloaded from GRANTS.GOV or the FTA 
website at https://www.transit.dot.gov/funding/grants/lowno). The same 
supplemental form will be used to apply to either program or both 
programs. However, please note that if an applicant is applying to both 
programs they must submit the materials through each of the GRANTS.GOV 
opportunity ID's listed for each program. Failure to submit the 
information as requested can delay review or disqualify the 
application.

2. Content and Form of Application Submission

a. Proposal Submission
    A complete proposal submission for each program consists of two 
forms: (1) The SF-424 Application for Federal Assistance; and (2) the 
supplemental form for the FY 2022 Low-No and Buses and Bus Facilities 
Programs. The supplemental form and any supporting documents must be 
attached to the ``Attachments'' section of the SF-424. The application 
must include responses to all sections of the SF-424 Application for 
Federal Assistance and the supplemental form, unless indicated as 
optional. The information on the supplemental form will be used to 
determine applicant and project eligibility for the program, and to 
evaluate the proposal against the selection criteria described in part 
E of this notice.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages States and other applicants to consider submitting a 
single supplemental form that includes multiple activities to be 
evaluated as a consolidated proposal. If a State or other applicant 
chooses to submit separate proposals for individual consideration by 
FTA, each proposal must be submitted using a separate SF-424 and 
supplemental form.
    Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Applicants for zero-emission projects must attach 
the fleet transition plan. Any supporting documentation must be 
described and referenced by file name in the appropriate response 
section of the supplemental form, or it may not be reviewed.
    Information such as applicant name, Federal amount requested, local 
match amount, description of areas served, etc. may be requested in 
varying degrees of detail on both the SF-424 and supplemental form. 
Applicants must fill in all fields unless stated otherwise on the 
forms. If information is copied into the supplemental form from another 
source, applicants should verify that pasted text is fully captured on 
the supplemental form and has not been truncated by the character 
limits built into the form. Applicants should use both the ``Check 
Package for Errors'' and the ``Validate Form'' validation buttons on 
both forms to check all required fields on the forms, and ensure that 
the Federal and local amounts specified are consistent. Applicants 
should enter their information in the supplemental form (fillable PDF) 
that is made available on FTA's website or through the GRANTS.GOV 
application package, and should attach this to the application in its 
original format. Applicants should not use scanned versions of the 
form, ``print'' the form to PDF, convert or create a version using 
another text editor, etc.
b. Application Content
    The SF-424 Application for Federal Assistance and the supplemental 
form will prompt applicants for the required information, including:

i. Applicant name
ii. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
number
iii. Key contact information (including contact name, address, email 
address, and phone)
iv. Congressional district(s) where project will take place
v. Project information (including title, an executive summary, and 
type)
vi. A detailed description of the need for the project
vii. A detailed description on how the project will support either 
Program's objectives
viii. Evidence that the project is consistent with local and regional 
planning documents
ix. Evidence that the applicant can provide the local cost share
x. A description of the technical, legal, and financial capacity of the 
applicant
xi. A detailed project budget
xii. An explanation of the scalability of the project
xiii. Details on the local matching funds
xiv. A detailed project timeline

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

    Each applicant is required to: (1) Be registered in SAM before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. These requirements do not apply if the applicant 
has an exemption approved by FTA pursuant to 2 CFR 25.110(c), or is 
otherwise excepted from registration requirements. FTA may not

[[Page 12532]]

make an award until the applicant has complied with all applicable 
unique entity identifier and SAM requirements. If an applicant has not 
fully complied with the requirements by the time FTA is ready to make 
an award, FTA may determine that the applicant is not qualified to 
receive an award and use that determination as a basis for making a 
Federal award to another applicant.
    All applicants must provide a unique entity identifier provided by 
SAM. Registration in SAM may take as little as 3-5 business days, but 
since there could be unexpected steps or delays (for example, if there 
is a need to obtain an Employer Identification Number), FTA recommends 
allowing ample time, up to several weeks, for completion of all steps. 
For additional information on obtaining a unique entity identifier, 
please visit www.sam.gov.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern time on May 31, 2022. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Proposals submitted after the deadline will only be considered under 
extraordinary circumstances not under the applicant's control. Mail and 
fax submissions will not be accepted.
    Within 48 hours after submitting an electronic application, the 
applicant should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, include all original attachments 
regardless of which attachments were updated and check the box on the 
supplemental form indicating this is a resubmission.
    FTA urges applicants to submit applications at least 72 hours prior 
to the due date to allow time to receive the validation messages and to 
correct any problems that may have caused a rejection notification. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV website. Deadlines will not be extended due to scheduled 
website maintenance.
    Applicants are encouraged to begin the process of registration on 
the GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to take steps to keep their registrations up to 
date before submissions can be made successfully. For example, (1) 
registration in SAM is renewed annually, and (2) persons making 
submissions on behalf of the Authorized Organization Representative 
(AOR) must be authorized in GRANTS.GOV by the AOR to make submissions.

5. Funding Restrictions

    Funds under this NOFO cannot be used to reimburse applicants for 
otherwise eligible expenses incurred prior to FTA award of a grant 
agreement until FTA has issued pre-award authority for selected 
projects. FTA will issue pre-award authority to incur costs for 
selected projects beginning on the date that project selections are 
announced. FTA does not provide pre-award authority for competitive 
funds until projects are selected, and even then, there are Federal 
requirements that must be met before costs are incurred. FTA will issue 
specific guidance to awardees regarding pre-award authority at the time 
of selection. For more information about FTA's policy on pre-award 
authority, please see the most recent Apportionment Notice on FTA's 
website. Refer to Section C.3., Eligible Projects, for information on 
activities that are allowable in this grant program. Allowable direct 
and indirect expenses must be consistent with the Governmentwide 
Uniform Administrative Requirements and Cost Principles (2 CFR part 
200) and FTA Circular 5010.1E. Funds may not be used to support or 
oppose union organizing.

6. Other Submission Requirements

    All applications must be submitted via the GRANTS.GOV website. FTA 
does not accept applications on paper, by fax machine, email, or other 
means. For information on application submission requirements, please 
see Section D.1. of this notice, Address to Request Application.

E. Application Review Information

1. Criteria

    Projects will be evaluated primarily on the responses provided in 
the supplemental form. Additional information may be provided to 
support the responses; however, any additional documentation must be 
directly referenced on the supplemental form, including the file name 
where the additional information can be found. FTA will evaluate 
proposals based on the criteria described in this notice.
    Applicants are encouraged to identify scaled funding options in 
case insufficient funding is available to fund a project at the full 
requested amount. If an applicant indicates that a project is scalable, 
the applicant must provide an appropriate minimum funding amount that 
will fund an eligible project that achieves the objectives of the 
program and meets all relevant program requirements. The applicant must 
provide a clear explanation of how the project budget would be affected 
by a reduced award. FTA may award a lesser amount regardless of whether 
a scalable option is provided.
    If an applicant is proposing to deploy autonomous vehicles or other 
innovative motor vehicle technology, the application should demonstrate 
that all vehicles will comply with applicable safety requirements, 
including those administered by the National Highway Traffic Safety 
Administration (NHTSA) and Federal Motor Carrier Safety Administration 
(FMCSA). Specifically, the application should show that vehicles 
acquired for the proposed project will comply with applicable Federal 
Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety 
Regulations (FMCSR). If the vehicles may not comply, the application 
should either (1) show that the vehicles and their proposed operations 
are within the scope of an exemption or waiver that has already been 
granted by NHTSA, FMCSA, or both agencies or (2) directly address 
whether the project will require exemptions or waivers from the FMVSS, 
FMCSR, or any other regulation and, if the project will require 
exemptions or waivers, present a plan for obtaining them. FTA will also 
consider the extent to which the application presents a plan to address 
workforce impacts of autonomous vehicles or other innovative motor 
vehicle technology.
a. Demonstration of Need
    Since the purpose of these programs is to fund vehicles and 
facilities, applications will be evaluated based on the quality and 
extent to which they demonstrate how the proposed project will address 
an unmet need for capital investment in vehicles and/or supporting 
facilities. For example, an applicant may demonstrate that it requires 
additional or improved charging or maintenance facilities for low or no 
emission vehicles, that it intends to replace existing vehicles that 
have exceeded their minimum useful life, or that it requires additional 
vehicles to meet current ridership demands or expand services to better 
connect underserved communities.

[[Page 12533]]

    FTA will consider an applicant's responses to the following 
criteria when assessing the need for capital investment underlying the 
proposed project:
    For bus projects (replacement or expansion): For replacement 
requests, applicants must provide information on the age, condition, 
and performance of the vehicles to be replaced by the proposed project. 
Vehicles to be replaced must have met their minimum useful life at the 
time of project completion. For service expansion requests, applicants 
must provide information on the proposed service expansion and the 
benefits for transit riders and the community from the new service. For 
all vehicle projects, the proposal must address whether the project 
conforms to FTA's spare ratio guidelines. Vehicles funded under these 
programs are not exempt from FTA's standard spare ratio requirements, 
which apply to and are calculated based on the agency's entire fleet. 
Applicants that are introducing zero emission vehicles into their fleet 
may consider including vehicles that have already met their minimum 
useful life in a contingency fleet, which is not included in the spare 
ratio calculation. Additionally, applicants who may need to exceed the 
spare ratio for a temporary period are encouraged to work with their 
FTA Regional Office to determine what flexibilities may be afforded to 
them and include reference to that in their application.
    For bus facility and equipment projects (replacement, 
rehabilitation, or expansion): For replacement requests, applicants 
must provide information on the age and condition of the asset to be 
rehabilitated or replaced relative to its minimum useful life. For 
expansion requests, applicants must provide information on the proposed 
expansion and the reason that transit riders and the community need the 
expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
    Applicants to the Low-No Program must demonstrate how the proposed 
project will support the statutory requirements of the Low-No Program 
(See 49 U.S.C. 5339(c)(5)(A)). In particular, FTA will consider the 
quality and extent to which applications demonstrate how the proposed 
project will: (1) Reduce Energy Consumption; (2) Reduce Harmful 
Emissions; and (3) Reduce Direct Carbon Emissions.
    Reduce Energy Consumption: Applicants must describe how the 
proposed project will reduce energy consumption. FTA will evaluate 
applications based on the degree to which the proposed technology 
reduces energy consumption as compared to comparable standard vehicle 
propulsion technologies.
    Reduce Harmful Emissions: Applicants must demonstrate how the 
proposed vehicles or facility will reduce the emission of particulates 
that create local air pollution, which leads to local environmental 
health concerns, smog, and unhealthy ozone concentrations. FTA will 
evaluate the rate of particulate emissions by the proposed vehicles or 
vehicles to be supported by the proposed facility, compared to the 
emissions from the vehicles that will be replaced or moved to the 
contingency fleet as a result of the proposed project, as well as 
comparable standard buses.
    Reduce Direct Carbon Emissions: Applicants should demonstrate how 
the proposed vehicles or facility will reduce emissions of greenhouse 
gases from transit vehicle operations. FTA will evaluate the rate of 
direct carbon emissions by the proposed vehicles or vehicles to be 
supported by the proposed facility, compared to the emissions from the 
vehicles that will be replaced or moved to the contingency fleet as a 
result of the proposed project, as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities Program
    Applicants to the Buses and Bus Facilities Program will be 
evaluated based on how well they describe how the proposed project will 
improve the condition of, or otherwise modernize, the transit system; 
improve the reliability of transit service for its riders; improve the 
resilience of transit facilities, enhance access and mobility within 
the service area, particularly for low-income or underserved 
communities; and expand accessibility for people with disabilities.
    System Condition: FTA will evaluate the potential for replacement 
projects to improve the condition of the transit system by repairing or 
replacing assets that are in poor condition or have surpassed their 
minimum or intended useful life benchmarks. Applicants may describe the 
benefits of reducing breakdowns and service interruptions, mitigating 
safety risks, increasing service performance, improving resilience, 
and/or reducing the cost of maintaining outdated vehicles, facilities 
and equipment.
    Enhanced Access and Mobility: FTA will evaluate the potential for 
expansion projects to improve access and mobility for the transit 
riding public, particularly for low-income and underserved communities 
and people with disabilities, including improved headways, creation of 
new transportation choices, or eliminating gaps in the current route 
network. Proposed benefits should be based on documented ridership 
demand, based on indicators like area population density, employment 
served, and existing and planned affordable housing in the corridor, 
and be well-described or documented through a study or route planning 
proposal.
    Applicants that intend to apply to both programs must submit 
information that addresses the requirements of both programs as 
described above.
c. Planning and Local or Regional Prioritization
    Applicants must demonstrate how the proposed project is consistent 
with local and regional long-range planning documents and local 
government priorities. FTA will evaluate applications based on the 
quality and extent to which they assess whether the project is 
consistent with the transit priorities identified in the long-range 
plan for all proposals; contingency or illustrative projects included 
in that plan; or the locally developed human services public 
transportation coordinated plan. Applicants may submit copies of the 
relevant pages of such plans to support their application. FTA will 
consider how the project will support regional goals and applicants may 
submit support letters from local and regional planning organizations 
attesting to the consistency of the proposed project with these plans.
    Evidence of additional local or regional prioritization may include 
letters of support for the project from local government officials, 
public agencies, and non-profit or private sector supporters.
    Applicants may also address how the proposed project will impact 
overall system performance, asset management performance, or specific 
performance measures tracked and monitored by the applying entity to 
demonstrate how the proposed project will address local and regional 
planning priorities.
    For applications related to zero-emission vehicles under either the 
Low-No or Buses and Bus Facilities programs, applicants are required by 
law (49 U.S.C. 5339(c)(3)(D)) to submit a Zero-Emission Fleet 
Transition Plan. This plan must be a separate document from other local 
or regional planning documents and must: (1) Demonstrate a long-term 
fleet management plan with a strategy for how the applicant intends to 
use the current application and future acquisitions; (2) address the 
availability of current and future resources to meet

[[Page 12534]]

costs for the transition and implementation; (3) consider policy and 
legislation impacting relevant technologies; (4) include an evaluation 
of existing and future facilities and their relationship to the 
technology transition; (5) describe the partnership of the applicant 
with the utility or alternative fuel provider; and (6) examine the 
impact of the transition on the applicant's current workforce by 
identifying skill gaps, training needs, and retraining needs of the 
existing workers of the applicant to operate and maintain zero emission 
vehicles and related infrastructure and avoid the displacement of the 
existing workforce. FTA intends to continue to develop technical 
assistance resources to assist transit agencies in developing fleet 
transition plans. As a first step, FTA has worked with the Transit 
Workforce Center to develop a template that transit agencies may use 
related to the workforce section of the fleet transition plan. That 
template will be available at: https://www.transit.dot.gov/funding/grants/lowno. For agencies with smaller fleets, a fleet transition plan 
need not be complex and should be tailored as applicable, but it still 
must address all six elements. For applications from State departments 
of transportation, the state may either provide a fleet transition plan 
that covers some or all of the subrecipients, attach individual plans 
developed by the subrecipients, or a combination of both. FTA will rate 
a zero-emission project higher than other zero-emission projects if the 
applicant is able to demonstrate how the proposed project and fleet 
transition plan support the conversion of the agency's overall fleet to 
zero emissions.
d. Local Financial Commitment
    Applicants must identify the source of the local cost share and 
describe whether such funds are currently available for the project or 
will need to be secured if the project is selected for funding. FTA 
will consider the availability of the local cost share as evidence of 
local financial commitment to the project. Applicants should submit 
evidence of the availability of funds for the project; for example, by 
including a board resolution, letter of support from the State, a 
budget document highlighting the line item or section committing funds 
to the proposed project, or other documentation of the source of local 
funds. FTA will favorably view an applicant that proposes to use grant 
funds only for the incremental cost of new technologies over the cost 
of replacing vehicles with standard propulsion technologies.
e. Project Implementation Strategy
    FTA will rate projects higher if grant funds can be obligated 
within 12 months of selection and the project can be implemented within 
a reasonable time frame. In assessing when funds can be obligated, FTA 
will consider whether the project qualifies for a Categorical Exclusion 
(CE), or whether the required environmental work has been initiated or 
completed for projects that require an Environmental Assessment (EA) or 
Environmental Impact Statement (EIS) under the National Environmental 
Policy Act of 1969 (NEPA). As such, applicants should submit 
information describing the project's anticipated path and timeline 
through the environmental review process for all proposals. The 
proposal must state when grant funds can be obligated and indicate the 
timeframe under which the Metropolitan Transportation Improvement 
Program (TIP) and Statewide Transportation Improvement Program (STIP) 
can be amended to include the proposed project.
    In assessing whether the proposed implementation plans are 
reasonable and complete, FTA will review the proposed project 
implementation plan, including all necessary project milestones and the 
overall project timeline. For projects that will require formal 
coordination, approvals, or permits from other agencies or project 
partners, the applicant must demonstrate coordination with these 
organizations and their support for the project, such as through 
letters of support.
    Applicants that have identified a cooperative procurement strategy 
listed in Section 3019 of the Fixing America's Surface Transportation 
Act (49 U.S.C. 5325), are encouraged to describe the method chosen as 
part of their implementation plans and how such a cooperative 
procurement will reduce costs.
    For proposals that involve a partnership with a manufacturer, 
vendor, consultant, or other third party, applicants must identify by 
name any project partners, including, but not limited to, other transit 
agencies, bus manufacturers, owners or operators of related facilities, 
or any expert consultants. Such partnerships are permitted under 
Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)) only 
for applicants proposing a low or no emission project under both the 
Buses and Bus Facilities Program and the Low-No Program, or for 
applicants proposing only a low or no emission project under the Low-No 
program. FTA will evaluate the experience and capacity of the named 
project partners to successfully implement the proposed project based 
on the partners' experience and qualifications. Applicants are advised 
to submit information on the partners' qualifications and experience as 
a part of the application. Entities to be involved in the project that 
are not named in the application must be selected through ordinary 
procurement processes.
f. Technical, Legal, and Financial Capacity
    Applicants must demonstrate that they have the technical, legal, 
and financial capacity to undertake the project.
    FTA will review relevant oversight assessments and records to 
determine whether there are any outstanding legal, technical, or 
financial issues with the applicant that would affect the outcome of 
the proposed project. Applicants with outstanding legal, technical, or 
financial compliance issues from an FTA compliance review or Federal 
Transit grant-related Single Audit finding must explain how corrective 
actions taken will mitigate negative impacts on the proposed project.

2. Review and Selection Process

    A technical evaluation committee will evaluate proposals based on 
the published evaluation criteria. FTA may request additional 
information from applicants, if necessary. Based on the review of the 
technical evaluation committee, the FTA Administrator will determine 
the final selection of projects for program funding. In determining the 
allocation of program funds, FTA may consider geographic diversity, 
diversity in the size of the transit systems receiving funding, and the 
applicant's receipt of other competitive awards. FTA may also consider 
capping the amount a single applicant may receive.
    After applying the above criteria, and in support of Executive 
Order 14008, Tackling the Climate Crisis at Home and Abroad, and 
Executive Order 14052, Implementation of the Infrastructure Investment 
and Jobs Act, FTA will give priority to additional considerations.
    In further support of Executive Order 14008, FTA will give priority 
consideration to applications under the Buses and Bus Facilities 
Program that are expected to create significant community benefits 
relating to the environment, including those projects that incorporate 
low or no emission technology or specific elements to address 
greenhouse gas emissions and climate change impacts. FTA encourages 
applicants to demonstrate

[[Page 12535]]

whether they have considered climate change and environmental justice 
in terms of the transportation planning process or anticipated design 
components with outcomes that address climate change (e.g., resilience 
or adaptation measures). The application should describe what specific 
climate change or environmental justice activities have been 
incorporated, including whether a project supports a Climate Action 
Plan, whether an equitable development plan has been prepared, and 
whether tools such as EPA's EJSCREEN at: https://www.epa.gov/ejscreen 
or DOT's Historically Disadvantaged Community tool at Transportation 
Disadvantaged Census Tracts (arcgis.com) have been applied in project 
planning. Applicants could also address how a project is related to 
housing or land use reforms to increase density to reduce climate 
impacts. The application should also describe specific and direct ways 
the project will mitigate or reduce climate change impacts including 
any components that reduce emissions, promote energy efficiency, 
incorporate electrification or low emission or zero emission vehicle 
infrastructure, increase resiliency, recycle or redevelop existing 
infrastructure, or if located in a floodplain be constructed or 
upgraded consistent with the Federal Flood Risk Management Standard, to 
the extent consistent with current law.
    FTA also will give priority consideration to applications that 
advance racial equity in two areas: (1) Planning and policies related 
to racial equity and overcoming barriers to opportunity; and (2) 
project investments that either proactively address racial equity and 
barriers to opportunity, including automobile dependence as a form of 
barrier, or redress prior inequities and barriers to opportunity. 
Applicants could also address how a project is related to housing or 
land use reforms to address historic barriers to opportunity. This 
objective has the potential to enhance environmental stewardship and 
community partnerships, and reflects Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government. FTA encourages the applicant to include sufficient 
information to evaluate how the applicant will advance racial equity 
and address barriers to opportunity. The applicant should describe any 
transportation plans or policies related to equity and barriers to 
opportunity they are implementing or have implemented in relation to 
the proposed project, along with the specific project investment 
details necessary for FTA to evaluate if the investments are being made 
either proactively to advance racial equity and address barriers to 
opportunity or redress prior inequities and barriers to opportunity. 
All project investment costs for the project that are related to racial 
equity and barriers to opportunity should be summarized.
    Applicants for facility projects should also describe whether and 
how project delivery and implementation create good-paying jobs with 
the free and fair choice to join a union to the greatest extent 
possible, the use of demonstrated strong labor standards, practices and 
policies (including for direct employees, contractors, and sub-
contractors); distribution of workplace rights notices; the use of 
local and economic hiring provisions; registered apprenticeships; or 
other similar standards or practices; or, for facility projects over 
$35 million, the use of Project Labor Agreements. Applicants should 
describe how planned methods of project delivery and implementation 
(for example, use of Project Labor Agreements and/or local and economic 
hiring provisions, and training and placement programs for 
underrepresented workers) provides opportunities for all workers, 
including workers underrepresented in construction jobs to be trained 
and placed in good-paying jobs directly related to the project. FTA 
will give priority consideration to projects that create good paying 
jobs with the free and fair choice to join a union and these strong 
labor protections.
    Amongst zero-emission applications, FTA will give priority 
consideration to zero-emission applicants that in the development of 
the workforce section of the fleet transition plan have consulted with 
workforce representatives AND identify the use of at least one of the 
following in their plan (1) use of labor-management partnerships for 
training; (2) use of registered apprenticeship training to support 
skilling of incumbent and entry-level workers with focus on using 
registered apprenticeship to advance Black, Hispanic, Asian American 
Native Hawaiian and Pacific Islanders, tribal, women, and other groups 
facing systemic barriers to employment that may be underrepresented in 
the current workforce, especially in higher-paying jobs; or (3) 
identification of how reskilling workers for new fleets advances 
broader strategy to retain, retrain and recruit employees into good 
paying jobs, with the choice to join a union and equitable access to 
training and support that helps workers to stay retained in jobs.
    In support of Executive Order 14008, DOT has been developing a 
geographic definition of Historically Disadvantaged Communities as part 
of its implementation of the Justice40 Initiative. Consistent with 
OMB's Interim Guidance for the Justice40 Initiative, Historically 
Disadvantaged Communities include (a) certain qualifying census tracts, 
(b) any Tribal land, or (c) any territory or possession of the United 
States. DOT is providing a mapping tool to assist applicants in 
identifying whether a project is located in a Historically 
Disadvantaged Community Transportation Disadvantaged Census Tracts 
(arcgis.com). Use of this map tool is optional; applicants may provide 
an image of the map tool outputs, or alternatively, consistent with 
OMB's Interim Guidance, applicants can supply quantitative, demographic 
data of their ridership demonstrating the percentage of their ridership 
that meets the criteria described in Executive Order 14008 for 
disadvantage. Examples of Historically Disadvantaged Communities that 
an applicant could address using geographic or demographic information 
include low income, high and/or persistent poverty, high unemployment 
and underemployment, racial and ethnic residential segregation, 
linguistic isolation, or high housing cost burden and substandard 
housing. Additionally, in support of the Justice40 Initiative, the 
applicant also should provide evidence of strategies that the applicant 
has used in the planning process to seek out and consider the needs of 
those historically disadvantaged and underserved by existing 
transportation systems. For technical assistance using the mapping 
tool, please contact [email protected].
    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested, even if an 
application did not present a scaled project option. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable and can be completed with the amount awarded.

3. Integrity and Performance Review

    Prior to making an award with a total amount of Federal share 
greater than the simplified acquisition threshold (currently $10,000), 
FTA is required to review and consider any information about the 
applicant that is in the Federal Awardee Performance and Integrity 
Information Systems (FAPIIS) accessible through SAM. An applicant may 
review and comment on information about itself that a Federal awarding 
agency previously entered. FTA will consider

[[Page 12536]]

any comments by the applicant, in addition to the other information in 
FAPIIS, in making a judgment about the applicant's integrity, business 
ethics, and record of performance under Federal awards when completing 
the review of risk posed by applicants as described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    FTA will announce the final project selections on the FTA website. 
Selectees should contact their FTA Regional Offices for additional 
information regarding allocations for projects. At the time the project 
selections are announced, FTA will extend pre-award authority for the 
selected projects (see Section D.5 of this notice for more 
information). There is no blanket pre-award authority for these 
projects before announcement.

2. Administrative and National Policy Requirements

a. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of funding in urban areas 
are subject to the grant requirements of the Urbanized Area Formula 
Grants program (49 U.S.C. 5307), including those of FTA Circular 
``Urbanized Area Formula Program: Program Guidance and Application 
Instructions'' (FTA.C.9030.1E). Recipients of funding in rural areas 
are subject to the grant requirements of the Formula Grants for Rural 
Areas Program (49 U.S.C. 5311), including those of FTA Circular 
``Formula Grants for Rural Areas: Program Guidance and Application 
Instructions'' (FTA.C.9040.1G). All recipients must accept the FTA 
Master Agreement and follow FTA Circular ``Award Management 
Requirements'' (FTA.C.5010.1E) and the labor protections required by 
Federal public transportation law (49 U.S.C. 5333(b)). Technical 
assistance regarding these requirements is available from each FTA 
regional office.
    By submitting a grant application, the applicant assures that it 
will comply with all applicable Federal statutes, regulations, 
executive orders, directives, FTA circulars and other Federal 
administrative requirements in carrying out any project supported by 
the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and 
3146-3148) as supplemented by Department of Labor regulations (29 CFR 
part 5, ``Labor Standards Provisions Applicable to Contracts Covering 
Federally Financed and Assisted Construction''). Further, the applicant 
acknowledges that it is under a continuing obligation to comply with 
the terms and conditions of the grant agreement issued for its project 
with FTA. The applicant understands that Federal laws, regulations, 
policies, and administrative practices might be modified from time to 
time and may affect the implementation of the project. The applicant 
agrees that the most recent Federal requirements will apply to the 
project, unless FTA issues a written determination otherwise. The 
applicant must submit the Certifications and Assurances before 
receiving a grant if it does not have current certifications on file.
    Applicants for the Buses and Bus Facilities Program are encouraged 
to utilize the innovative procurement practices found in Section 3019 
of the Fixing America's Surface Transportation Act (49 U.S.C. 5325). 
Please see details at https://www.transit.dot.gov/funding/grants/innovative-procurement-leasing-fact-sheet-section-3019. If selected for 
funding, any project that purchases fewer than five buses through a 
standalone procurement must provide a written explanation why the tools 
authorized under Section 3019 were not utilized.
    As authorized by Section 25019 of the BIL, applicants are 
encouraged to implement a local or other geographical or economic 
hiring preference relating to the use of labor for construction of a 
project funded by the grant, including prehire agreements, subject to 
any applicable State and local laws, policies, and procedures.
b. Buy America and Domestic Preferences for Infrastructure Projects
    All capital procurements must comply with FTA's Buy America 
requirements (49 U.S.C. 5323(j)), which require that all iron, steel, 
and manufactured products be produced in the United States, and imposes 
minimum domestic content and final assembly requirements for rolling 
stock. The cost of rolling stock components and subcomponents produced 
in the United States must be more than 70 percent of the cost of all 
components, and final assembly of rolling stock must occur in the 
United States. Any proposal that will require a waiver must identify 
the items for which a waiver will be sought in the application. 
Applicants should not proceed with the expectation that waivers will be 
granted.
c. Disadvantaged Business Enterprise
    Recipients of planning, capital, or operating assistance that will 
award prime contracts (excluding transit vehicle purchases), the 
cumulative total of which exceeds $250,000 in FTA funds in a Federal 
fiscal year, must comply with the Disadvantaged Business Enterprise 
(DBE) program regulations (49 CFR part 26).
    To be eligible to bid on any FTA-assisted vehicle procurement, 
entities that manufacture transit vehicles or perform post-production 
alterations or retrofitting must be certified Transit Vehicle 
Manufacturers (TVM). If a vehicle remanufacturer is responding to a 
solicitation for new or remanufactured vehicles with a vehicle to which 
the remanufacturer has provided post-production alterations or retro-
fitting (e.g., replacing major components such as engine to provide a 
``like new'' vehicle), the vehicle remanufacturer must be a certified 
TVM.
    The TVM rule requires that, prior to bidding on any FTA-assisted 
vehicle procurement, manufacturers of transit vehicles submit a DBE 
Program plan and annual goal methodology to FTA. FTA then will issue a 
TVM concurrence and certification letter. Grant recipients must verify 
each manufacturer's TVM status before accepting its bid. A list of 
compliant, certified TVMs is posted on FTA's website at 
www.transit.dot.gov/TVM. Recipients should contact FTA before accepting 
a bid from a manufacturer not on this list. In lieu of using a 
certified TVM, a recipient may establish project-specific DBE goals for 
its vehicle procurement. FTA will provide additional guidance as grants 
are awarded. For more information on DBE requirements, please contact 
Monica McCallum, FTA Office of Civil Rights, 206-220-7519, 
[email protected].
d. Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and Metropolitan Planning Organizations 
(MPOs) in areas likely to be served by the project funds made available 
under this program. Selected projects must be incorporated into the 
long-range plans and transportation improvement programs of States and 
metropolitan areas before they are eligible for FTA funding.

3. Reporting

    Post-award reporting requirements include the electronic submission 
of Federal Financial Reports and Milestone Progress Reports in FTA's 
electronic grants management system. Recipients of funds made available 
through this NOFO are also required to regularly submit data to the 
National Transit Database. Recipients should include any goals, 
targets, and indicators referenced

[[Page 12537]]

in their applications in the Executive Summary of the TrAMS 
application.
    FTA is committed to making evidence-based decisions guided by the 
best available science and data. In accordance with the Foundations for 
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use 
information submitted in discretionary funding applications; 
information in FTA's Transit Award Management System (TrAMS), including 
grant applications, Milestone Progress Reports (MPRs), Federal 
Financial Reports (FFRs); transit service, ridership and operational 
data submitted in FTA's National Transit Database; documentation and 
results of FTA oversight reviews, including triennial and state 
management reviews; and other publicly available sources of data to 
build evidence to support policy, budget, operational, regulatory, and 
management processes and decisions affecting FTA's grant programs.
    As part of completing the annual certifications and assurances 
required of FTA grant recipients, a successful applicant must report on 
the suspension or debarment status of itself and its principals. If the 
award recipient's active grants, cooperative agreements, and 
procurement contracts from all Federal awarding agencies exceeds 
$10,000,000 for any period of time during the period of performance of 
an award made pursuant to this Notice, the recipient must comply with 
the Recipient Integrity and Performance Matters reporting requirements 
described in Appendix XII to 2 CFR part 200.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Low-No/Bus grant program staff via email at [email protected], or 
call Amy Volz, by phone at 202-366-7484. A TDD is available for 
individuals who are deaf or hard of hearing at 800-877-8339. In 
addition, FTA will post answers to questions and requests for 
clarifications on FTA's website at https://www.transit.dot.gov. To 
ensure applicants receive accurate information about eligibility or the 
program, applicants are encouraged to contact FTA with questions 
directly, rather than through intermediaries or third parties.
    For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 
1-800-518-4726 or by email at [email protected]. Contact information 
for FTA's regional offices can be found on FTA's website at 
www.fta.dot.gov.

H. Other Information

    User-friendly information and resources regarding DOT's 
discretionary grant programs relevant to rural applicants can be found 
on the Rural Opportunities to Use Transportation for Economic Success 
(ROUTES) website at www.transportation.gov/rural.
    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-04621 Filed 3-3-22; 8:45 am]
BILLING CODE 4910-57-P


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