Notice of Funding Opportunity for the Department of Transportation's Multimodal Project Discretionary Grant Opportunity, 17108-17136 [2022-06350]

Download as PDF 17108 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Decided: March 22, 2022. Brendetta Jones, Clearance Clerk. under FOR FURTHER INFORMATION CONTACT. Mr. Jorge E. Panteli, Compliance and Land Use Specialist, Federal Aviation Administration New England Region Airports Division, 1200 District Avenue, Burlington, Massachusetts 01803. Telephone: 781–238–7618. FOR FURTHER INFORMATION CONTACT: Issued in Burlington, Massachusetts, on March 21, 2022. Julie Seltsam-Wilps, Deputy Director, ANE–600. [FR Doc. 2022–06338 Filed 3–24–22; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION [FR Doc. 2022–06299 Filed 3–24–22; 8:45 am] BILLING CODE P Federal Aviation Administration Notice of Intent To Rule on Request To Change 19 Acres of Land From Aeronautical to Non-Aeronautical Use at Presque Isle International Airport in Presque Isle, Maine Federal Aviation Administration (FAA), DOT. ACTION: Request for public comments. AGENCY: Notice is being given that the FAA is considering a request from the City of Presque Isle to change 19 acres of land from Aeronautical Use to NonAeronautical Use for a Solar facility at Presque Isle International Airport, Presque Isle, Presque Isle, ME. A solar facility will be constructed on 19 acres of land at Presque Isle International Airport. The solar facility is being constructed on land not required for aviation use. The land has been designated for non-aeronautical use. The airport will have a land lease with the solar company that will generate a new non-aeronautical revenue source for the airport. The land lease proceeds will be deposited in the airport’s operation and maintenance account. DATES: Comments must be received on or before April 21, 2022. ADDRESSES: You may send comments using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov, and follow the instructions on providing comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W 12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Interested persons may inspect the request and supporting documents by contacting the FAA at the address listed lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Funding Opportunity for the Department of Transportation’s Multimodal Project Discretionary Grant Opportunity Office of the Secretary of Transportation, U.S. Department of Transportation. ACTION: Notice of Funding Opportunity (NOFO). AGENCY: Multimodal Project Discretionary Grant Opportunity (MPDG) SUMMARY: The purpose of this notice is to solicit applications for three funding opportunities: The National Infrastructure Project Assistance grants program (Mega), the Nationally Significant Multimodal Freight and Highways Projects grants program (INFRA), and the Rural Surface Transportation Grant program (Rural). While applicants can choose to apply for only one grant program, this combined solicitation will allow applicants to apply for two, or all three of these funding opportunities by submitting only one application. It also aims to better enable the Department to proactively assist project sponsors in matching projects with the most appropriate grant program(s) and facilitate individual projects in potentially receiving funding from multiple grant programs. Funds for the INFRA, Mega, and Rural funding opportunities will be awarded on a competitive basis for surface transportation infrastructure projects— including highway and bridge, intercity passenger rail, railway-highway grade crossing or separation, wildlife crossing, public transportation, marine highway, and freight projects, or groups of such projects—with significant national or regional impact, or to improve and PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 expand the surface transportation infrastructure in rural areas. DATES: Applications must be submitted by 11:59 p.m. EDT on May 23, 2022. The Grants.gov ‘‘Apply’’ function will open by March 25, 2022. ADDRESSES: Applications must be submitted through www.Grants.gov. Only applicants who comply with all submission requirements described in this notice and submit applications through www.Grants.gov on or before the application deadline will be eligible for award. FOR FURTHER INFORMATION CONTACT: For further information regarding this notice, please contact the Office of the Secretary via email at MPDGrants@ dot.gov, or call Paul Baumer at (202) 366–1092. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, up to the application deadline, the U.S. Department of Transportation (Department) will post answers to common questions and requests for clarifications on the Department’s website at https:// www.transportation.gov/grants/mpdgfrequently-asked-questions. SUPPLEMENTARY INFORMATION: The organization of this notice is based on an outline set forth in Appendix I to title 2 of the Code of Federal Regulations (CFR) part 200 to ensure consistency across Federal financial assistance programs. However, that format is designed for locating specific information, not for linear reading. For readers seeking to familiarize themselves with how the Multimodal Project Discretionary Grant (MPDG) combined application process will work, the Department recommends starting with Section A (Program Description), which describes the Department’s goals for the MPDG common application and purpose in making awards, and Section E (Application Review Information), which describes how the Department will select among eligible applications for each of the three funding opportunities. Those two sections will provide appropriate context for the remainder of the notice: Section B (Federal Award Information) describes information about the size and nature of awards; Section C (Eligibility Information) describes eligibility requirements for applicants and projects; Section D (Application and Submission Information) describes in detail how to apply for an award; Section F (Federal Award Administration Information) describes legal requirements that will accompany awards; and Sections G (Federal E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices Awarding Agency Contacts) and H (Other Information) provide additional administrative information. Table of Contents A. Program Description 1. Overview 2. Changes From the FY 2021 INFRA NOFO 3. Additional Information B. Federal Award Information 1. Amount Available C. Eligibility Information 1. Eligible Applicants 2. Cost Sharing or Matching 3. Eligible Projects 4. Eligible Project Costs 5. Project Requirements 6. Definition of Rural and Urban Areas 7. Areas of Persistent Poverty and Historically Disadvantaged Communities 8. Project Components 9. Network of Projects 10. Application Limit D. Application and Submission Information 1. Address 2. Content and Form of Application 3. Unique Entity Identifier and System for Award Management (SAM) 4. Submission Dates and Timelines 5. Funding Restrictions 6. Other Submission Requirements E. Application Review Information 1. Criteria i. Overall Application Rating ii. Project Outcome Criteria iii. Benefit-Cost Analysis Rating iv. Project Readiness Rating v. Additional Considerations vi. Previous Awards 2. Review and Selection Process 3. Additional Information F. Federal Award Administration Information 1. Federal Award Notices 2. Administrative and National Policy Requirements 3. Reporting G. Federal Awarding Agency Contacts H. Other Information 1. Protection of Confidential Business Information 2. Publication of Application Information 3. Department Feedback on Applications 4. MPDG Extra, Eligibility, and Designation lotter on DSK11XQN23PROD with NOTICES1 A. Program Description 1. Overview The Multimodal Project Discretionary Grant common application (MPDG) provides Federal financial assistance to highway and bridge, intercity passenger rail, railway-highway grade and separation, wildlife crossing, public transportation, marine highway, and freight and multimodal projects, or groups of such projects, of national or regional significance, as well as to projects to improve and expand the surface transportation infrastructure in rural areas. Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021) (Bipartisan Infrastructure Law, VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 or BIL) provided funds to the Department across three programs to invest in projects of national or regional significance—the National Infrastructure Project Assistance grants program, found under 49 U.S.C. 6701 (Mega), the Nationally Significant Multimodal Freight and Highways Projects grants program, found at 23 U.S.C. 117 (Infrastructure for Rebuilding America or INFRA), and the Rural Surface Transportation Grant program, found at 23 U.S.C. 173 (Rural). To help streamline the process for applicants, the Department has combined the applications for the Mega, INFRA, and Rural programs into the MPDG common application. Applicants may choose to apply to one, two, or all three of these grant programs.) The Fiscal Year (FY) 2022 MPDG awards will be made for each of the three grant programs as appropriate and consistent with each grant program’s statutory language. The FY 2022 MPDG round will be implemented, as appropriate and consistent with law, in alignment with the priorities in Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64355),1 and will focus on supporting projects that improve safety, economic strength and global competitiveness, equity, and climate and sustainability consistent with the Department’s strategic goals. Applicants are encouraged to apply for multiple programs, to maximize their potential of receiving Federal support. Applicants for the MPDG will be considered across all three programs unless they opt out. To support applicants through the application process, the Department will provide technical assistance and resources.2 The Department seeks to fund projects under the MPDG common application that reduce greenhouse gas emissions and are designed with specific elements to address climate change impacts. Section E provides more information on the specific measures a project may undertake to support these goals. The Department also seeks to award projects under the MPDG common application that address environmental justice, particularly for communities (including rural communities) that may disproportionately experience 1 The priorities of Executive Order 14052, Implementation of the Infrastructure Investments and Jobs Act are: To invest efficiently and equitably, promote the competitiveness of the U.S. economy, improve job opportunities by focusing on high labor standards and equal employment opportunity, strengthen infrastructure resilience to all hazards including climate change, and to effectively coordinate with State, local, Tribal, and territorial government partners. 2 For Technical Assistance for projects in rural areas, visit https://www.transportation.gov/rural. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 17109 consequences from climate change and other pollutants. Environmental justice, as defined by the Environmental Protection Agency, is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. As part of the Department’s implementation of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619), the Department seeks to fund projects that, to the extent possible, target at least 40 percent of resources and benefits towards low-income communities, disadvantaged communities, communities underserved by affordable transportation, or overburdened communities. Projects that have not sufficiently considered climate change and environmental justice in their planning, as determined by the Department, will be required to do so before receiving funds for construction. See Section F.2 of this Notice of Funding Opportunity (NOFO) for program requirements. The Department also seeks to award projects under the MPDG common application that proactively address equity and barriers to opportunity, including automobile dependence as a form of barrier, or redress prior inequities and barriers to opportunity. Section E describes equity considerations that an applicant can undertake and the Department will consider during the review of applications. Projects that have not sufficiently considered equity and barriers to opportunity in their planning, as determined by the Department, will be required to do so before receiving funds for construction. All projects must comply with Federal civil rights requirements. See Section F.2 of this NOFO for program requirements. In addition, the Department intends to use the MPDG opportunity to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and workforce programs, in particular registered apprenticeships, labor management partnerships and Local Hire agreements,3 in project planning stages and program delivery. Projects that incorporate such planning considerations are expected to support a strong economy and labor market. Section E describes job creation and labor considerations an applicant can 3 Contracts awarded with geographic hiring preferences are eligible for assistance under most Department financial assistance programs. E:\FR\FM\25MRN1.SGM 25MRN1 17110 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices undertake and that the Department will consider during the review of applications. Projects that have not sufficiently considered job creation and labor considerations in their planning, as determined by the Department, will be required to do so to the full extent possible under the law before receiving funds for construction. See Section F.2 of this NOFO for program requirements. Section E of this NOFO describes the process for selecting projects that further these goals under each of the three grant programs. Section F.3 describes progress and performance reporting requirements for selected projects, including the relationship between that reporting and the program’s selection criteria. Consistent with the Department’s Rural Opportunities to Use Transportation for Economic Success (ROUTES) initiative, the Department seeks to award funding to rural projects that address deteriorating conditions and disproportionately high fatality rates and transportation costs in rural communities. 2. Changes From the FY 2021 INFRA NOFO Of the three programs in the MPDG opportunity, INFRA is the only program that existed in FY2021, while the Rural and Mega are new programs created by the Bipartisan Infrastructure Law. Applicants who are planning to reapply using materials prepared for prior competitions should ensure that their FY 2022 application fully addresses the criteria and considerations described in this notice and that all relevant information is up to date. The FY 2022 INFRA program will be evaluated under common project outcome criteria (formally labeled in FY 2021 as ‘‘merit criteria’’) that apply to all three programs within the MPDG opportunity, as described in Section E. The FY 2022 MPDG opportunity’s common project outcome criteria will not consider the Performance and Accountability criterion from INFRA 2021. Instead, the Department will utilize standard approaches to monitoring project performance and ensuring projects are delivered efficiently. Leverage of non-Federal funds contribution, or ‘‘leverage,’’ will now be assessed within the Innovation criterion and for the separate INFRA FY 2022 Leverage pilot set-aside. The Leverage pilot set-aside is described in further detail in Section B.2.ii. The BIL expanded INFRA eligibility to include wildlife crossing projects; marine highway corridor projects; highway, bridge, or freight projects carried out on the National Multimodal Freight Network; 4 surface transportation projects located within or functionally connected to an international border crossing; and transportation facilities owned by a Federal, State, or local government entity. 3. Additional Information This common application process will result in grants being awarded under three funding programs. The Mega program is authorized at 49 U.S.C. 6701. The INFRA program is authorized at 23 U.S.C. 117. The Rural program is authorized at 23 U.S.C. 173. They are described respectively in the Federal Assistance Listings under the assistance listing program titles ‘‘National Infrastructure Project Assistance’’ (assistance listing number 20.937), ‘‘Nationally Significant Freight and Highway Projects’’ (assistance listing number 20.934), and ‘‘Rural Surface Transportation Grant Program’’ (assistance listing number 20.938). The Department is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. The Department also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple Department discretionary opportunities or seek a combination of funding from multiple Department opportunities. The applicant should identify describe from any other Department programs and opportunities they intend to apply for (or utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in the appropriate sections including Sections D.2.i. and D.2.ii.IV. B. Federal Award Information 1. Amount Available The BIL makes available up to $5 billion for the Mega program for the period of FY 2022 through 2026; up to $8 billion to the INFRA program for the period of FY 2022 through 2026; and up to $2 billion for the Rural program for the period of FY 2022 through 2026, for a combined total of up to $15 billion for FY 2022 through 2026. This notice solicits applications for up to $2.85 billion in FY 2022 MPDG opportunity funds. Up to $1 billion will be made available for the Mega program, up to $1.55 billion will be made available for the INFRA program, and up to $300 million will be made available for the Rural funding opportunities program. In addition to the FY 2022 funding, the Department may make award decisions in the MPDG FY 2022 round to fund Mega project awards in future fiscal years, based on a potential awarded project’s schedule and availability of funding.5 In addition to the FY 2022 funds, amounts from prior year INFRA authorizations, presently estimated at up to $150 million, may be made available and awarded under this solicitation. Any award under this notice will be subject to the availability of funding. Mega, INFRA, and the Rural program each have their own specific funding restrictions, including award size and types of projects. Refer to Section D.5 for greater detail on funding restrictions for each program. C. Eligibility Information To be selected for a grant, an applicant must be an Eligible Applicant and the project must be an Eligible Project that meets the minimum project size requirement. 1. Eligible Applicants Each of the three funding opportunities has slightly different statutory rules for what kinds of applicants are eligible to apply. Applicants should review this section in determining for which of the three programs they are applying. ELIGIBLE APPLICANTS lotter on DSK11XQN23PROD with NOTICES1 Mega INFRA 1. a State or a group of States; 1. a State or group of States; 4 DOT has not yet designated an National Multimodal Freight Network. Any project relying on being on the National Multimodal Freight VerDate Sep<11>2014 16:50 Mar 24, 2022 Rural Jkt 256001 1. a State; Network as their sole basis for eligibility may be considered higher risk. 5 49 U.S.C. 6701(j) authorizes the Department to enter multiyear grant agreements for Mega projects. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 Those agreements may include a commitment, contingent on amounts to be specified in law in advance for such commitments, to provide future year funds. E:\FR\FM\25MRN1.SGM 25MRN1 17111 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices ELIGIBLE APPLICANTS—Continued Mega INFRA Rural a metropolitan planning organization; a unit of local government; a political subdivision of a State; a special purpose district or public authority with a transportation function, including a port authority; 6. a Tribal government or a consortium of Tribal governments; 7. a partnership between Amtrak and 1 or more entities described in (1) through (6); and, 8. a group of entities described in any of (1) through (7). 2. a metropolitan planning organization that serves an Urbanized Area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals; 3. a unit of local government or group of local governments; 4. a political subdivision of a State or local government; 5. a special purpose district or public authority with a transportation function, including a port authority; 6. a Federal land management agency that applies jointly with a State or group of States; 7. a tribal government or a consortium of tribal governments; 8. a multistate corridor organization; or 9. a multistate or multijurisdictional group of entities described in this paragraph. 2. a regional transportation planning organization; 3. a unit of local government; 3. a unit of local government; 4. a tribal government or a consortium of tribal governments; or 5. a multijurisdictional group of entities above. 2. 3. 4. 5. i. Mega Eligible applicants for Mega grants are: (1) A State or a group of States; (2) a metropolitan planning organization; (3) a unit of local government; (4) a political subdivision of a State; (5) a special purpose district or public authority with a transportation function, including a port authority; (6) a Tribal government or a consortium of Tribal governments; (7) a partnership between Amtrak and 1 or more entities described in (1) through (6); and (8) a group of entities described in any of (1) through (7). ii. INFRA lotter on DSK11XQN23PROD with NOTICES1 Eligible applicants for INFRA grants are: (1) A State or group of States; (2) a metropolitan planning organization that serves an Urbanized Area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals; (3) a unit of local government or group of local governments; (4) a political subdivision of a State or local government; (5) a special purpose district or public authority with a transportation function, including a port authority; (6) a Federal land management agency that applies jointly with a State or group of States; (7) a tribal government or a consortium of tribal governments; (8) a multistate corridor organization; or (9) a multistate or multijurisdictional group of entities described in this paragraph. iii. Rural Eligible applicants for Rural grants are: (1) A State; (2) a regional transportation planning organization; (3) a unit of local government; (4) a tribal government or a consortium of tribal VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 governments; or (5) a multijurisdictional group of entities above. iv. Joint Applications for Any Program Multiple States or entities that submit a joint application should identify a lead applicant as the primary point of contact. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed by each applicant. The applicant that will be responsible for financial administration of the project must be an eligible applicant. 2. Cost Sharing or Matching i. Mega Mega grants may be used for up to 60 percent of future total eligible project costs. Other Federal assistance may satisfy the non-Mega share requirement for a Mega grant, but total Federal assistance for a project receiving a Mega grant may not exceed 80 percent of future total eligible project costs. ii. INFRA INFRA grants may be used for up to 60 percent of future eligible project costs. Other Federal assistance may satisfy the non-INFRA share requirement for an INFRA grant, but total Federal assistance for a project receiving an INFRA grant may not exceed 80 percent of future total eligible project costs, except that, for States with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b) of title 23, U.S.C. The following chart identifies the maximum total Federal PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 cost share for INFRA projects, under such section 120(b), for projects for FY 2022. State Alaska .................................................... Arizona .................................................. California ............................................... Colorado ................................................ Hawaii .................................................... Idaho ..................................................... Montana ................................................ Nevada .................................................. New Mexico ........................................... Oregon .................................................. South Dakota ........................................ Utah ....................................................... Washington ........................................... Wyoming ............................................... Maximum Federal share for INFRA projects (%) 90.97 90.94 83.57 82.79 81.30 84.97 82.75 94.89 85.44 84.63 81.95 89.52 81.42 86.77 If a Federal land management agency applies jointly with a State or group of States, and that agency carries out the project, then Federal funds that were not made available under titles 23 or 49 of the U.S.C. may be used for the nonFederal share. iii. Rural Rural grants may be used for up to 80 percent of future eligible project costs, except eligible projects that further the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40 of the U.S.C., or address a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 may apply for up to 100 percent of the project costs. Other Federal assistance may satisfy the non-Rural share requirement for a Rural grant up to 100 percent of project costs. E:\FR\FM\25MRN1.SGM 25MRN1 17112 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices Please note that the Rural Program has a higher statutory maximum Federal share than Mega and INFRA. Applications which seek funding above the statutory maximum share for MEGA and INFRA will only be eligible for an award from the Rural program. iv. Universal Cost Sharing or Matching Guidance Unless otherwise authorized by statute, non-Federal cost-share may not be counted as non-Federal share for both the programs under MPDG and another Federal program. For any project under MPDG, the Department cannot consider previously incurred costs or previously expended or encumbered funds towards the matching requirement. Matching funds are subject to the same Federal requirements described in Section F.2.iii as awarded funds. See Section D.2 for information about documenting cost sharing in the application. Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue-funded programs, private funds, or other funding sources of non-Federal origin. For the purpose of evaluating eligibility under the statutory limit on total Federal assistance in the Mega and INFRA programs, funds from TIFIA and RRIF credit assistance programs are considered Federal assistance and, combined with other Federal assistance, may not exceed 80 percent of the future eligible project costs, except as indicated for the INFRA program (see Section C.2.ii). 3. Eligible Projects Each of the three funding opportunities has different statutory rules for what kinds of projects are eligible for funding. Applicants should review this section in determining for which of the three programs they are applying, given the type of project being proposed. Projects may be eligible for funding under multiple MPDG programs and applicants may apply for any program for which their project is eligible. lotter on DSK11XQN23PROD with NOTICES1 ELIGIBLE PROJECT TYPES Mega INFRA Rural 1. A highway or bridge project on the National Multimodal Freight Network. 2. A highway or bridge project on the National Highway Freight Network. 3. A highway or bridge project on the National Highway System. 4. A freight intermodal (including public ports) or freight rail project that provides public benefit. 5. A railway highway grade separation or elimination project. 6. An intercity passenger rail project. 7. A public transportation project that is eligible under assistance under Chapter 53 of title 49 or is a part of any of the project types described above. 1. A highway freight project on the National Highway Freight Network. 2. A highway or bridge project on the National Highway System. 3. A freight intermodal, freight rail, or freight project within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility.* 4. A highway-railway grade crossing or grade separation project. 5. A wildlife crossing project. 6. A surface transportation project within the boundaries or functionally connected to an international border crossing that improves a facility owned by Fed/State/local government and increases throughput efficiency. 7. A project for a marine highway corridor that is functionally connected to the NHFN and is likely to reduce road mobile source emissions. 8. A highway, bridge, or freight project on the National Multimodal Freight Network. 1. A highway, bridge, or tunnel project eligible under National Highway Performance Program. 2. A highway, bridge, or tunnel project eligible under Surface Transportation Block Grant. 3. A highway, bridge, or tunnel project eligible under Tribal Transportation Program. 4. A highway freight project eligible under National Highway Freight Program. 5. A highway safety improvement project, including a project to improve a high risk rural road as defined by the Highway Safety Improvement Program. 6. A project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area. 7. A project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services. i. Mega Eligible projects for Mega grants are: A highway or bridge project on the National Multimodal Freight Network; a highway or bridge project on the National Highway Freight Network; a highway or bridge project on the National Highway System; a freight intermodal (including public ports) or freight rail project that provides public benefit; a railway-highway grade separation or elimination project; an intercity passenger rail project; a public transportation project that is eligible under assistance under Chapter 53 of title 49 U.S.C. and is a part of any of the project types described above; or a grouping, combination, or program of interrelated, connected, or dependent VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 projects of any of the projects described above. ii. INFRA Eligible projects for INFRA grants are: Highway freight projects carried out on the National Highway Freight Network (NHFN) (23 U.S.C. 167); highway or bridge projects carried out on the National Highway System (NHS), including projects that add capacity on the Interstate System to improve mobility or projects in a national scenic area; railway-highway grade crossing or grade separation projects; or a freight project that is (1) an intermodal or rail project, or (2) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility; PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 a wildlife crossing project; a surface transportation project within the boundaries of, or functionally connected to, an international border crossing that improves a facility owned by a Federal, State, or local government and increases throughput efficiency; a project for a marine highway corridor that is functionally connected to NHFN and is likely to reduce on-road mobile source emissions; or a highway, bridge, or freight project on the National Multimodal Freight Network under section 70103 of title 49 of the United States Code. To be eligible under INFRA, a project within the boundaries of a freight rail, water (including ports), or intermodal facility must be a surface transportation infrastructure project E:\FR\FM\25MRN1.SGM 25MRN1 17113 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility and must significantly improve freight movement on the NHFN. In this context, improving freight movement on the NHFN may include shifting freight transportation to other modes, thereby reducing congestion and bottlenecks on the NHFN. For a freight project within the boundaries of a freight rail, water (including ports), or intermodal facility, Federal funds can only support project elements that provide public benefits. iii. Rural Eligible projects for Rural grants are: A highway, bridge, or tunnel project eligible under National Highway Performance Program (23 U.S.C. 119); a highway, bridge, or tunnel project eligible under Surface Transportation Block Grant (23 U.S.C. 133); a highway, bridge, or tunnel project eligible under Tribal Transportation Program (23 U.S.C. 202); a highway freight project eligible under National Highway Freight Program (23 U.S.C. 167); a highway safety improvement project, including a project to improve a high risk rural road as defined by the Highway Safety Improvement Program (23 U.S.C. 148); a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services. An eligible entity may bundle two or more similar eligible projects under the Rural program if projects are included as a bundled project in a statewide transportation improvement program under 23 U.S.C. 135 and will be awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity. 4. Eligible Project Costs The table below defines eligible project costs for each program per the program statutes: ELIGIBLE PROJECT COSTS Mega INFRA Rural Development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan; and, Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project. Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering, design, and other preconstruction activities, provided the project meets statutory requirements. Construction, reconstruction, rehabilitation, or acquisition of property (including land related to the project and improvements to the land), environmental mitigation (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, equipment acquisition, and operational improvements directly related to system performance. INFRA grant recipients may use INFRA funds to pay for the subsidy and administrative costs necessary to receive TIFIA credit assistance. Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and, Construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. lotter on DSK11XQN23PROD with NOTICES1 v. Mega Mega grants may be used for development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan; and construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 protection, and operational improvements directly relating to the project. vi. INFRA INFRA grants may be used for the construction, reconstruction, rehabilitation, or acquisition of property (including land related to the project and improvements to the land), environmental mitigation (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, equipment acquisition, and operational improvements directly related to system performance. Statutorily, INFRA grants may also fund development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering, design, and PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 other preconstruction activities, provided the project meets statutory requirements. However, the Department is seeking to prioritize INFRA funding for projects that result in construction; as a result, development phase activities may be less competitive under INFRA by nature of the evaluation structure described in Section E. Public-private partnership assessments for projects in the development phase are also eligible costs. INFRA grant recipients may use INFRA funds to pay for the subsidy and administrative costs necessary to receive TIFIA credit assistance. vii. Rural Rural grants may be used for development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design E:\FR\FM\25MRN1.SGM 25MRN1 17114 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices work, and other preconstruction activities; and construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. 5. Project Requirements for Each Funding Opportunity Applicants only need to address the requirements for the program or programs from which they are requesting funding in in their application. i. Mega For the purposes of determining whether a project meets the minimum project size requirement, the Department will count all future eligible project costs under the award and some related costs incurred before selection for a Mega grant. Previously incurred costs will be counted toward the minimum project size requirement only if they were eligible project costs under Section C.4.i and were expended as part of the project for which the applicant seeks funds. Although those previously incurred costs may be used for meeting the minimum project size thresholds described in this Section, they cannot be reimbursed with Mega grant funds, nor will they count toward the project’s required non-Federal share. (a) Mega Project Sizes The Department will make awards under the Mega program both to projects greater than $500 million in cost, and to projects greater than $100 million but less than $500 million in cost. For each fiscal year of Mega funds, 50 percent of available funds are reserved for projects greater than $500 million in cost, and 50 percent to projects between $100 million and $500 million in cost. lotter on DSK11XQN23PROD with NOTICES1 (b) Mega Project Requirements For a Mega project to be selected, the Department must determine that the project meets all five requirements described in 49 U.S.C. 6701(f)(1) and below and further described in Section E.1.b.v and Section D.2.b.vii. If your project consists of multiple components with independent utility, the Department must determine that each component meets each requirement to select it for an award. See Section D.2.ii.VIII. Mega Project Requirement #1: The project is likely to generate national or regional economic, mobility, or safety benefits. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 Mega Project Requirement #2: The project is in significant need of Federal funding. Mega Project Requirement #3: The project will be cost-effective. Mega Project Requirement #4: With respect to related non-Federal financial commitments, one or more stable and dependable funding or financing sources are available to construct, maintain, and operate the project, and to cover cost increases. Mega Project Requirement #5: The applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project. (c) Mega Data Collection Requirements In accordance with 49 U.S.C. 6701(g), an applicant wishing to submit a project to be considered for a Mega grant award will be required to submit, as an attachment to their application, a plan for the collection and analysis of data to identify the impacts of the project and the accuracy of any forecast prepared during the development phase of the project and included in the grant application. The contents of the plan shall include an approach to measuring proposed project outcome criteria as described in Section E and an approach for analyzing the consistency of predicted project characteristics with actual outcomes. Each applicant selected for Mega grant funding must collect and report to the Department information on the project’s performance based on performance indicators related to program goals (e.g., travel time savings, greenhouse gas emissions, passenger counts, or level of service) among other information. Performance indicators should include measurable goals or targets that Department will use internally to determine whether the project meets program goals and grant funds achieve the intended long-term outcomes of the Mega Grant Program. To the extent possible, performance indicators used in the reporting should align with the measures included in the application and should relate to at least one of the selection criteria defined in Section E.6 Before the start of construction of the Mega project, the project sponsor must submit a report providing baseline data for the purpose of analyzing the long-term impact of the project. Not later than six (6) years after the date of substantial completion of a project, the eligible entity carrying out 6 The Department may in the future publish a more detailed framework for performance measure data collection that will: Indicate standardized measurement approaches; data storage system requirements; and any other requirements the Secretary determines to be necessary. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 the project shall submit a project outcomes report that compares the baseline data to quarterly project data for the duration of the fifth year of the project after substantial completion. ii. INFRA For the purposes of determining whether a project meets the minimum project size requirement, the Department will count all future eligible project costs under the award and some related costs incurred before selection for an INFRA grant. Previously incurred costs will be counted toward the minimum project size requirement only if they were eligible project costs under Section C.3.ii. and were expended as part of the project for which the applicant seeks funds. Although those previously incurred costs may be used for meeting the minimum project size thresholds described in this Section, they cannot be reimbursed with INFRA grant funds, nor will they count toward the project’s required non-Federal share. For the INFRA Leverage Pilot, at least 50 percent of the project’s future eligible project costs must be funded by nonFederal contributions. (a) Large Projects The minimum project size for large projects is the lesser of (1) $100 million; (2) 30 percent of a State’s FY 2021 Federal-aid apportionment if the project is located in one State; or (3) 50 percent of the larger participating State’s FY 2021 apportionment for projects located in more than one State. The following chart identifies the minimum total project cost, rounded up to the nearest million, for projects for FY 2022 for both single and multi-State projects. State Alabama .............. Alaska .................. Arizona ................ Arkansas ............. California ............. Colorado .............. Connecticut ......... Delaware ............. Dist. Of Col .......... Florida ................. Georgia ................ Hawaii .................. Idaho ................... Illinois .................. Indiana ................. Iowa ..................... Kansas ................ Kentucky .............. Louisiana ............. Maine ................... Maryland .............. Massachusetts .... Michigan .............. Minnesota ............ E:\FR\FM\25MRN1.SGM 25MRN1 FY 22 INFRA (30% of FY 21 apportionment) one-state minimum (millions) FY 22 INFRA (50% of FY 21 apportionment) multi-state minimum * (millions) $100 100 100 100 100 100 100 56 52 100 100 56 94 100 100 100 100 100 100 61 100 100 100 100 $100 100 100 100 100 100 100 93 87 100 100 93 100 100 100 100 100 100 100 100 100 100 100 100 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices State Mississippi ........... Missouri ............... Montana .............. Nebraska ............. Nevada ................ New Hampshire ... New Jersey ......... New Mexico ......... New York ............. North Carolina ..... North Dakota ....... Ohio ..................... Oklahoma ............ Oregon ................ Pennsylvania ....... Rhode Island ....... South Carolina .... South Dakota ...... Tennessee ........... Texas ................... Utah ..................... Vermont ............... Virginia ................ Washington ......... West Virginia ....... Wisconsin ............ Wyoming ............. FY 22 INFRA (30% of FY 21 apportionment) one-state minimum (millions) FY 22 INFRA (50% of FY 21 apportionment) multi-state minimum * (millions) 100 100 100 95 100 54 100 100 100 100 82 100 100 100 100 72 100 93 100 100 100 67 100 100 100 100 84 100 100 100 100 100 90 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 * For multi-State projects, the minimum project size is the largest of the multi-State minimums from the participating States. lotter on DSK11XQN23PROD with NOTICES1 (b) Small Projects A small project is an eligible project that does not meet the minimum project size described in Section C.5.ii. (c) Large/Small Project Requirements For a large project to be selected, the Department must determine that the project meets seven requirements described in 23 U.S.C. 117(g) and below and further described in Section E.1.v.b. and Section D.2.b.vii. If your project consists of multiple components with independent utility, the Department must determine that each component meets each requirement to select it for an award. See Section E.1.v.b.: Large Project Requirement #1: The project will generate national or regional economic, mobility, or safety benefits. Large Project Requirement #2: The project will be cost-effective. Large Project Requirement #3: The project will contribute to the accomplishment of one or more of the goals described in 23 U.S.C. 150. Large Project Requirement #4: The project is based on the results of preliminary engineering. Large Project Requirement #5: With respect to related non-Federal financial commitments, one or more stable and dependable funding or financing sources are available to construct, maintain, and operate the project, and contingency amounts are available to cover unanticipated cost increases. Large Project Requirement #6: The project cannot be easily and efficiently VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 completed without other Federal funding or financial assistance available to the project sponsor. Large Project Requirement #7: The project is reasonably expected to begin construction no later than 18 months after the date of obligation of funds for the project. For a small project to be selected, the Department must consider the costeffectiveness of the proposed project, the effect of the proposed project on mobility in the State and region in which the project is carried out, and the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades. iii. Rural For a Rural project to be selected, the Department must determine that the project meets five requirements described in 23 U.S.C. 173(g) and below and further described in Section E.1.v.b and Section D.2.b.vii. If your project consists of multiple components with independent utility, the Department must determine that each component meets each requirement, to select it for an award. See Section D.2.VIII. Rural Project Requirement #1: Will generate regional economic, mobility, or safety benefits. Rural Project Requirement #2: The project will be cost-effective. Rural Project Requirement #3: The project will contribute to the accomplishment of 1 or more of the national goals under 23 U.S.C. 150. Rural Project Requirement #4: The project is based on the results of preliminary engineering. Rural Project Requirement #5: The project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. 6. Definition of Rural and Urban Areas This section describes the definition of urban and rural areas and the minimum statutory requirements for projects that meet those definitions. The INFRA and Rural program statutes define a rural area as an area outside an Urbanized Area 7 with a population of over 200,000. In this notice, urban area is defined as inside an Urbanized Area, 7 For Census 2010, the Census Bureau defined an Urbanized Area (UA) as an area that consists of densely settled territory that contains 50,000 or more people. Updated lists of UAs are available on the Census Bureau website at https:// www2.census.gov/geo/maps/dc10map/UAUC_ RefMap/ua/. For the purposes of the INFRA program, Urbanized Areas with populations fewer than 200,000 will be considered rural. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 17115 as designated by the U.S. Census Bureau, with a population of 200,000 or more.8 Rural and urban definitions differ in some other Department programs, including TIFIA. Cost share requirements and minimum grant awards are the same for projects located in rural and urban areas. The Department will consider a project to be in a rural area if the majority of the project (determined by geographic location(s) where the majority of the money is to be spent) is located in a rural area. However, if a project consists of multiple components, as described under section C.8 or C.9, then for each separate component the Department will determine whether that component is rural or urban. In some circumstances, including networks of projects under section C.9 that cover wide geographic regions, this component-by-component determination may result in awards that include urban and rural funds. 7. Areas of Persistent Poverty and Historically Disadvantaged Communities BIL specifies that the Secretary consider, as an additional consideration for the Mega program, whether a project may benefit an Area of Persistent Poverty or a Historically Disadvantaged Community. In this context, an Area of Persistent Poverty means: (1) Any county that has consistently had greater than or equal to 20 percent of the population living in poverty during the 30-year period preceding November 15, 2021, as measured by the 1990 and 2000 decennial census and the most recent annual Small Area Income Poverty Estimates as estimated by the Bureau of the Census; (2) any census tract with a poverty rate of at least 20 percent as measured by the 2014–2018 5-year data series available from the American Community Survey of the Bureau of the Census; or (3) any territory or possession of the United States. A county satisfies this definition only if 20 percent of its population was living in poverty in all three of the listed datasets: (1) The 1990 decennial census; (2) the 2000 decennial census; and (3) the 2020 Small Area Income Poverty Estimates. The Department lists all counties and census tracts that meet this definition for Areas of Persistent Poverty at https://datahub. transportation.gov/stories/s/tsyd-k6ij. Historically Disadvantaged Communities—The Department has 8 See www.transportation.gov/buildamerica/ INFRAgrants for a list of Urbanized Areas with a population of 200,000 or more. E:\FR\FM\25MRN1.SGM 25MRN1 17116 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices been developing a definition of Historically Disadvantaged Communities as part of its implementation of the Justice40 Initiative and will use that definition for the purpose of this NOFO. Consistent with the Office of Management and Budget’s (OMB) Interim Guidance for the Justice40 Initiative, Historically Disadvantaged Communities include (1) certain qualifying census tracts, (2) any Tribal land, or (3) any territory or possession of the United States. The Department is providing a list of census tracts that meet the definition of Historically Disadvantaged Communities, as well as a mapping tool to assist applicants in identifying whether a project is located in a Historically Disadvantaged Community, available at https://datahub. transportation.gov/stories/s/tsyd-k6ij. lotter on DSK11XQN23PROD with NOTICES1 8. Project Components An application may describe a project that contains more than one component. The Department may award funds for a component, instead of the larger project, if that component (1) independently meets minimum award amounts described in Section B and all eligibility requirements described in Section C, including the project requirements of the program(s) being applied for described in Sections C and D.2; (2) independently aligns well with the selection criteria specified in Section E; and (3) meets National Environmental Policy Act (NEPA) requirements with respect to independent utility. In this context, independent utility means that the component will represent a transportation improvement that is usable and represents a reasonable expenditure of the Department funds even if no other improvements are made in the area, and will be ready for intended use upon completion of that component’s construction. If an application describes multiple components, the application should demonstrate how the components collectively advance the purposes of the funding program or programs for which the applicant is applying. An applicant should not add multiple components to Basic Project Information: What is the Project Name? Who is the Project Sponsor? Was an application for USDOT discretionary grant funding for this project submitted previously? A project will be evaluated for eligibility for consideration for all three programs, unless the applicant wishes to opt-out of being evaluated for one or more of the grant programs. Project Costs: MPDG Request Amount .............................. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 a single application merely to aggregate costs or to avoid submitting multiple applications. Applicants should be aware that, depending upon applicable Federal law and the relationship among project components, an award funding only some project components may make other project components subject to Federal requirements as described in Section F.2.ii. For example, under 40 CFR 1509(e), the NEPA review for the funded project component may need to include evaluation of all project components as connected, similar, or cumulative actions. The Department strongly encourages applicants to identify in their applications the project components that meet the independent utility definition above and separately detail the costs and program funding (Mega, INFRA, and/or Rural) requested for each component. If the application identifies one or more independent project components, the application should clearly identify how each independent component addresses selection criteria and produces benefits on its own, in addition to describing how the full proposal of which the independent component is a part addresses selection criteria. 9. Network of Projects An application may describe and request funding for a network of projects. A network of projects is a single grant award that funds multiple projects addressing the same transportation problem. For example, if an applicant seeks to improve efficiency along a rail corridor, then their application might propose one award for four grade separation projects at four different railway-highway crossings. Each of the four projects would independently increase rail safety and reduce roadway congestion but the overall benefits would be greater if the projects were completed together under a single award. The Department will evaluate applications that describe networks of projects similar to how it evaluates projects with multiple components. Because of their similarities, the guidance in Section C.8. is applicable to networks of projects, and applicants should follow that guidance on how to present information in their application. As with project components, depending upon applicable Federal law and the relationship among projects within a network of projects, an award that funds only some projects in a network may make other projects subject to Federal requirements as described in Section F.2. 10. Application Limit To encourage applicants to prioritize their MPDG opportunity submissions, each eligible applicant may submit three unique applications per grant program (Mega, INFRA, and Rural), for a total application limit of nine. The threeunique-applications-per-grant program applies only to applications where the applicant is the lead applicant. There is no limit on applications for which an applicant can be listed as a partnering agency. If a lead applicant submits more than three unique applications to a particular grant program as the lead applicant, only the first three received will be considered. D. Application and Submission Information 1. Address Applications must be submitted through www.Grants.gov. Instructions for submitting applications can be found at https://www.transportation.gov/ grants/mpdg-how-apply. 2. Content and Form of Application The application must include the Standard Form 424 (Application for Federal Assistance), Standard Form 424C (Budget Information for Construction Programs), cover page, and the Project Narrative. More detailed information about the cover pages and Project Narrative follows. i. Cover Page Each application should contain a cover page with the following chart: (If Yes, please include project title and applicable grant programs). lOpt-out of Mega? lOpt-out of INFRA? lOpt-out of Rural? Exact Amount in year-of-expenditure dollars: $ll PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices Estimated Other Federal funding (excl. MPDG). Estimated Other Federal funding (excl. MPDG) further detail. Estimate in year-of-expenditure dollars: $ll Estimated non-Federal funding ................... Future Eligible Project Cost (Sum of previous three rows). Previously incurred project costs (if applicable). Total Project Cost (Sum of ‘previous incurred’ and ‘future eligible’). INFRA: Amount of Future Eligible Costs by Project Type. Mega: Amount of Future Eligible Costs by Project Type. Rural: Amount of Future Eligible Costs by Project Type. lotter on DSK11XQN23PROD with NOTICES1 Project Location: State(s) in which project is located. INFRA: Small or Large project .................... Urbanized Area in which project is located, if applicable. Population of Urbanized Area (According to 2010 Census). Is the project located (entirely or partially) in Area of Persistent Poverty or Historically Disadvantaged Community? Is the project located (entirely or partially) in Federal or USDOT designated areas? Is the project currently programmed in the: • TIP. • STIP. • MPO Long Range Transportation Plan. • State Long Range Transportation Plan. • State Freight Plan. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 17117 Other Federal funding from Federal Formula dollars: $ll Other Federal funding being requested from other USDOT grant opportunities?: $llFrom What Program(s)?: ll Estimate in year-of-expenditure dollars: $ll Estimate in year-of-expenditure dollars: $ll Estimate in year-of-expenditure dollars: $ll Estimate in year-of-expenditure dollars: $ll (1) A highway freight project on the National Highway Freight Network: $ll (2) A highway or bridge project on the National Highway System: $ll (3) A freight intermodal, freight rail, or freight project within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility: $ll (4) A highway-railway grade crossing or grade separation project: $ll (5) A wildlife crossing project: $ll (6) A surface transportation project within the boundaries or functionally connected to an international border crossing that improves a facility owned by fed/state/local government and increases throughput efficiency: $ll (7) A project for a marine highway corridor that is functionally connected to the NHFN and is likely to reduce road mobile source emissions: $ll (8) A highway, bridge, or freight project on the National Multimodal Freight Network: $ll (1) A highway or bridge project on the National Multimodal Freight Network: $ll (2) A highway or bridge project on the National Highway Freight Network: $ll (3) A highway or bridge project on the National Highway System: $ll (4) A freight intermodal (including public ports) or freight rail project that provides public benefit: $ll (5) A railway highway grade separation or elimination project: $ll (6) An intercity passenger rail project: $ll (7) A public transportation project that is eligible under assistance under Chapter 53 of title 49 and is a part of any of the project types described above: $ll (8) A grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described above. (1) A highway, bridge, or tunnel project eligible under National Highway Performance Program: $ll (2) A highway, bridge, or tunnel project eligible under Surface Transportation Block Grant: $ll (3) A highway, bridge, or tunnel project eligible under Tribal Transportation Program: $ll (4) A highway freight project eligible under National Highway Freight Program: $ll (5) A highway safety improvement project, including a project to improve a high risk rural road as defined by the Highway Safety Improvement Program: $__ (6) A project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area: $ll (7) A project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services: $ll Small/Large. List census tracts that qualify as within these areas. (https://datahub.transportation.gov/stories/ s/tsyd-k6ij). Yes/No. If yes, please describe which of the four Federally designated community development zones in which your project is located. Opportunity Zones: (https://opportunityzones.hud.gov/). Empowerment Zones: (https://www.hud.gov/hudprograms/empowerment_zones) Promise Zones: (https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz). Choice Neighborhoods: (https://www.hud.gov/program_offices/public_indian_housing/program s/ph/cn). Yes/No. (Please specify in which plans the project is currently programmed, and provide the identifying number if applicable). PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 17118 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices ii. Project Narrative The Department recommends that the project narrative follow the basic outline below to address the program requirements and assist evaluators in locating relevant information. lotter on DSK11XQN23PROD with NOTICES1 I. Project Description ....................................................................................................................... II. Project Location ........................................................................................................................... III. Project Parties ............................................................................................................................ IV. Grant Funds, Sources and Uses of all Project Funding ........................................................... V. Project Outcome Criteria ............................................................................................................ VI. Benefit-Cost Analysis. VII. Project Readiness and Environmental Risk ............................................................................. VIII. Project Requirements .............................................................................................................. The project narrative should include the information necessary for the Department to determine that the project satisfies project requirements described in Sections B and C for each of the grant programs from which the applicant is seeking funding and to assess the selection criteria specified in Section E.1 that are applicable to the grant programs from which the applicant is seeking funding. To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by the Department. The Department may ask any applicant to supplement data in its application, but it expects applications to be complete upon submission. In addition to a detailed statement of work, detailed project schedule, and detailed project budget, the project narrative should include a table of contents, maps, and graphics, as appropriate, to make the information easier to review. The Department recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with 1inch margins). The project narrative may not exceed 25 pages in length, excluding cover pages and table of contents. Appendices may include documents supporting assertions or conclusions made in the 25-page project narrative and do not count towards the 25-page limit. If possible, website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. At the applicant’s discretion, relevant materials provided previously to a modal administration in support of a different USDOT financial assistance program may be referenced and described as unchanged. The Department recommends using VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 appropriately descriptive final names (e.g., ‘‘Project Narrative,’’ ‘‘Maps,’’ ‘‘Memoranda of Understanding and Letters of Support,’’ etc.) for all attachments. The USDOT recommends applications include the following sections: I. Project Description The first section of the application should provide a concise description of the project, the transportation challenges that it is intended to address, and how it will address those challenges. This section should discuss the project’s history, including a description of any previously incurred costs. The applicant may use this section to place the project into a broader context of other infrastructure investments being pursued by the project sponsor. II. Project Location This section of the application should describe the project location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location. The application should also identify: (a) Whether the project is located in an Area of Persistent Poverty, including the relevant County and/or census tract(s); (b) whether the project is located in a Historically Disadvantaged Community, including the relevant census tract(s); (c) If the project is located within the boundary of a 2010 Census-designated Urbanized Area, the application should identify the Urbanized Area; 9 and (d) whether the project is located in one of four Federally designated community development zones (Opportunity Zones, Empowerment 9 Lists of Urbanized Areas are available on the Census Bureau website at https://www2.census.gov/ geo/maps/dc10map/UAUC_RefMap/ua/ and maps are available at https://tigerweb.geo.census.gov/ tigerweb/. For the purposes of the INFRA program, Urbanized Areas with populations fewer than 200,000 will be considered rural. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 See See See See See D.ii.I. D.2.ii.II. D.2.ii.III. D.2.ii.IV. D.2.ii.V. See D.2.ii.VII and E.1.c.ii. See D.2.ii.VIII and C.5. Zones, Promise Zones, or Choice Neighborhoods). Information under (d) may be used for the Department’s internal data tracking. III. Project Parties This section of the application should provide details about the lead applicant, including the lead applicant’s experience with receipt and expenditure of Federal transportation funds. This section of the application should also list and briefly describe all of the other public and private parties who are involved in delivering the project, such as port authorities, terminal operators, freight railroads, shippers, carriers, freight-related associations, third-party logistics providers, and freight industry workforce organizations. IV. Grant Funds, Sources, and Uses of Project Funds This section of the application should describe the project’s budget and the plans for covering the full cost of the project from all sources. At a minimum, it should include: Previously incurred expenses, as defined in Section C. • Future eligible costs, as defined in Section C.5. • For all funds to be used for future eligible project costs, the source and amount of those funds. • For non-Federal funds to be used for future eligible project costs, documentation of funding commitments should be referenced here and included as an appendix to the application. • All Federal funds to be used for future eligible project costs, including grant programs covered by this MPDG application (Mega, INFRA, and/or Rural), other Federal grants that have been awarded to the project or for which the project intends to apply in the future (e.g., Bridge Investment Program, FTA Capital Investment Grant, etc.) and any Federal formula funds that have already been programmed for the project or are planned to be programmed for the project. • For each category of Federal funds to be used for future eligible project E:\FR\FM\25MRN1.SGM 25MRN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices costs, the amount, nature, and source of any required non-Federal match for those funds. The Department is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. The Department also recognizes that applicants may be seeking discretionary grant funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple Department discretionary opportunities or seek a combination of funding from multiple Department opportunities. The applicant should indicate, within the Federal funding description, details as to what other potential Department programs and opportunities they intend to solicit funds, and what award amounts they will be seeking. (A) A budget showing how each source of funds will be spent. The budget should show how each funding source will share in each major construction activity and present those data in dollars and percentages. Funding sources should be grouped into three categories: Non-Federal; MPDG; and other Federal. If the project contains components, the budget should separate the costs of each project component. If the project will be completed in phases, the budget should separate the costs of each phase. The budget should be detailed enough to demonstrate that the project satisfies the statutory costsharing requirements described in Section C.2 and those associated with each category of Federal funding. (B) Information showing that the applicant has budgeted sufficient contingency amounts to cover unanticipated cost increases. (C) The amount of the requested MPDG funds that would be subject to the limit on freight rail, port, and intermodal infrastructure described in Section B.2.ii., if being considered for INFRA funding. In addition to the information enumerated above, this section should provide complete information on how all project funds may be used. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction. Complete information about project funds will ensure that the Department’s expectations for award execution align with any funding restrictions unrelated VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 to the Department, even if an award differs from the applicant’s request. V. Project Outcome Criteria This section of the application should demonstrate how the project aligns with the Project Outcome Criteria described in Section E.2 of this notice. The Department encourages applicants to address each criterion as it applies to the funding programs to which they are applying or else to expressly state that the project does not address the criterion. Insufficient information to assess any criterion will negatively impact the project rating. Applicants are not required to follow a specific format, but the following organization, which addresses each criterion separately, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application. The guidance here is about how the applicant should organize their application. Guidance describing how the Department will evaluate projects against the Project Outcome Criteria is in Section E.2 of this notice. Applicants also should review that section before considering how to organize their application. Criterion #1: Safety This section of the application should describe the anticipated outcomes of the project that support the Safety criterion (described in Section E.2 of this notice). The applicant should include information on, and to the extent possible, quantify, how the project will target known, documented safety problems within the project area or wider transportation network, and demonstrate how the project will protect all users of the transportation system and/or communities from health and safety risks. The application should provide evidence to support the claimed level of effectiveness of the project in protecting all travelers, including vulnerable users, from health and safety risks, such as the number and rate of reduced crashes, serious injuries, and/or fatalities. If the project is providing increased access to commercial motor vehicle parking, the application should provide information demonstrating the lack of parking in the area and evidence estimating the number of vehicles that will use the new parking. Criterion #2: State of Good Repair This section of the application should describe how the project will contribute PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 17119 to a state of good repair by restoring and modernizing core infrastructure assets and/or addressing current or projected system vulnerabilities (described in Section E.2 of this notice). The application should include information on the current condition of all assets that will be affected by the project, how the proposed project will improve asset condition, plans to ensure the ongoing state of good repair of new assets constructed as part of the project, and any estimates of impacts on long-term cost structures or overall life-cycle costs. Criterion #3: Economic Impacts, Freight Movement, and Job Creation This section of the application should describe how the project will contribute to at least one of the following outcomes: (1) Improve system operations to increase travel time reliability and manage travel demand for goods movement, especially for supply chain bottlenecks, thereby reducing the cost of doing business and improving local and regional freight connectivity to the national and global economy; (2) improve multimodal transportation systems that incorporate affordable transportation options such as public transit to improve mobility of people and goods; (3) decrease transportation costs and provide reliable and timely access to employment centers and job opportunities; (4) significantly improve the economic strength of regions and cities by increasing the economic productivity of land, capital, or labor, and linkages between distinct rural areas and rural and urban areas; (5) enhance recreational and tourism opportunities by providing access to Federal lands (including national parks, national forests, national recreation areas, national wildlife refuges, and wilderness areas) or State parks; (6) result in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union in project construction and in on-going operations and maintenance, and incorporate strong labor standards, such as through the use of project labor agreements, registered apprenticeship programs, and other joint labor-management training programs; 10 (7) result in workforce opportunities for historically underrepresented groups, such as through the use of local hire provisions or other workforce strategies targeted at or jointly developed with historically underrepresented groups, to support project development; (8) foster economic growth and development 10 https://www.apprenticeship.gov/https:// www.apprenticeship.gov. E:\FR\FM\25MRN1.SGM 25MRN1 17120 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices while creating long-term high-quality jobs, while addressing acute challenges, such as energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008; 11 (9) support integrated land use, economic development and transportation planning to improve the movement of people and goods and local fiscal health, facilitate greater public and private investments and strategies in land-use productivity, including rural main street revitalization or increase in the production or preservation of locationefficient housing; or (10) help the United States compete in a global economy by encouraging the location of important industries and future innovations and technology in the U.S., and facilitating efficient and reliable freight movement. lotter on DSK11XQN23PROD with NOTICES1 Criterion #4: Climate Change, Resiliency, and the Environment This section of the application should describe how the project will incorporate considerations of climate change and environmental justice in the planning stage and in project delivery, such as through incorporation of specific design elements that address climate change impacts. The application should describe the degree to which the project is expected to reduce transportation-related pollution such as air pollution and greenhouse gas emissions, increase use of lower-carbon travel modes such as transit and active transportation, improve the resiliency of at-risk 12 infrastructure, incorporate lower-carbon pavement and construction materials, or address the disproportionate negative environmental impacts of transportation on disadvantaged communities. The application should explain to what extent the project will prevent stormwater runoff that would be a detriment to aquatic species. The application should describe whether the project will promote energy efficiencies, support fiscally responsible land use and transportation efficient design that reduces greenhouse gas emissions, improve public health and increase use 11 https://netl.doe.gov/sites/default/files/2021-04/ Initial%20Report%20on% 20Energy%20Communities_Apr2021.pdf. 12 For the MPDG opportunity, at-risk infrastructure is defined as infrastructure that is subject to, or faces increased long-term future risks of, a weather event, a natural disaster, or changing conditions, such as coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 of lower-carbon travel modes such as transit, active transportation and multimodal freight, incorporate electrification or zero emission vehicle infrastructure, increase resilience to all hazards, and recycle or redevelop brownfield sites, particularly in communities that disproportionally experience climate-change-related consequences. The application should describe if projects in floodplains are upgraded consistent with the Federal Flood Risk Management Standard in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967) and 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input (80 FR 6425.) Criterion #5: Equity, Multimodal Options, and Quality of Life This section of the application should describe how the project will proactively address equity and barriers to opportunity, improve quality of life in rural areas or urbanized areas, and benefit Historically Disadvantaged Communities or populations, or Areas of Persistent Poverty. This may include increasing affordable transportation choices, especially for transportation disadvantaged communities. It should also describe how the project has or will meaningfully engage communities affected by the project, with effective public participation that is accessible to all persons regardless of race, color, national origin, disability, age, and sex. Equity considerations should be integrated into planning, development, and implementation of transportation investments, including utilization of Disadvantaged Business Enterprises (DBEs). The application should describe any public involvement plan or targeted outreach, demonstrating engagement of diverse input such as community-based organizations during project planning and consideration of such input in the decision-making. The project application should describe planning and engagement in the project design phase to mitigate and, to the greatest extent possible, prevent, physical and economic displacement. Criterion #6: Innovation Areas: Technology, Project Delivery, and Financing This section of the application should contain sufficient information to evaluate how the project can be transformative in achieving program goals, and includes or enables innovation in: (1) The accelerated deployment of innovative and secureby-design technology, including expanded access to broadband; (2) use PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 of innovative permitting, contracting, and other project delivery practices; and (3) innovative financing. If the project does not address a particular innovation area, the application should state this fact. Please see Section E.1.a for additional information. VI. Benefit-Cost Analysis This section describes the recommended approach for the completion and submission of a benefitcost analysis (BCA) as an appendix to the Project Narrative. The purpose of the BCA is to enable Department to evaluate the project’s cost effectiveness by comparing its expected benefits to its expected costs. The results of the analysis should be summarized in the Project Narrative directly, as described in Section D.2. Applicants should also provide all relevant files used for their BCA, including any spreadsheet files and technical memos describing the analysis (whether created in-house or by a contractor). The spreadsheets and technical memos should present the calculations in sufficient detail and transparency to allow the analysis to be reproduced by Department evaluators. The BCA should carefully document the assumptions and methodology used to produce the analysis, including a description of the baseline, the sources of data used to project the outcomes of the project, and the values of key input parameters. The analysis should provide present value estimates of a project’s benefits and costs relative to a no-build baseline. To calculate present values, applicants should apply a real discount rate of 7 percent per year to the project’s streams of benefits and costs, which should be stated in constant-dollar terms. The costs and benefits that are compared in the BCA must cover the same project scope. Any benefits claimed for the project, both quantified and unquantified, should be clearly tied to the expected outcomes of the project. Projected benefits may accrue to both users of the facility and those who are affected by its use (such as through changes in emissions of greenhouse gases and other pollutants, or availability of affordable housing or more affordable transportation choices). Usage forecasts applied in estimating future benefits should account for any additional demand induced by the improvements to the facility. While benefits should be quantified wherever possible, applicants may also describe other categories of benefits in the BCA that are more difficult to quantify and/or value in economic terms. The BCA should include the full costs of developing, constructing, operating, E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 and maintaining the proposed project, as well as the expected timing or schedule for costs in each of these categories. The BCA may also include the present discounted value of any remaining service life of the asset at the end of the analysis period. Detailed guidance from the Department on estimating benefits and costs, together with recommended economic values for converting them to dollar terms and discounting to their present values, is available on the program website (see www.transportation.gov/office-policy/ transportation-policy/benefit-costanalysis-guidance-discretionary-grantprograms-0). VII. Project Readiness and Environmental Risk This section of the application should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for the Department to evaluate whether the project is reasonably expected to begin construction in a timely manner. To assist the Department’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. Applicants are not required to follow the specific format described here, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application. The guidance here is about what information applicants should provide and how the applicant should organize their application. Guidance describing how the Department will evaluate a project’s readiness is described in section E.4 of this notice. Applicants also should review that section before considering how to organize their application. (a) Technical Feasibility. The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk- VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 mitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. The applicant must demonstrate compliance with Title VI/ Civil Rights requirements, to ensure that no person is excluded from participation, denied benefits, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin, sex, age, or disability. (b) Project Schedule. The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals (programming on the Statewide Transportation Improvement Program); start and completion of NEPA and other Federal environmental reviews and approvals including permitting, design completion, right-of-way acquisition, approval of plans, specifications and estimates (PS&E); procurement; State and local approvals; project partnership and implementation agreements including agreements with railroads; and construction. The project schedule should be sufficiently detailed to demonstrate that: • All necessary activities will be complete to allow MPDG funds to be obligated 13 sufficiently in advance of the statutory deadline for applicable programs (For INFRA and Rural, the statutory obligation deadline is September 30, 2025 for FY 2022 funds. For Mega, there is no statutory obligation deadline; however, the Department seeks projects that will begin construction before September 30, 2025) and that any unexpected delays will not put the funds at risk of expiring before they are obligated; • the project can begin construction quickly upon obligation of grant funds, and that the grant funds will be spent expeditiously once construction starts; and • all real property and right-of-way acquisition will be completed in a timely manner in accordance with 49 CFR part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. A plan for securing any required Right-of-Way agreements should be included. If applicable, this section should describe a right-of-way 13 Obligation occurs when a selected applicant enters a written, project-specific agreement with the Department and is generally after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 17121 acquisition plan that minimally disrupts communities and maintains community cohesion. (c) Required Approvals. i. Environmental Permits and Reviews. The application should demonstrate receipt (or the schedule for anticipated receipt) of all environmental approvals and permits necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline, including satisfaction of all Federal, State, and local requirements and completion of the NEPA process. Specifically, the application should include: • Information about the NEPA status of the project, including whether the project may qualify for a Categorical Exclusion under current regulations. If the NEPA process is complete, an applicant should indicate the date of completion, and provide a website link or other reference to the final Categorical Exclusion, Finding of No Significant Impact, Record of Decision, and any other NEPA documents prepared. If the NEPA process is underway, but not complete, the application should detail the NEPA class of action, where the project is in the NEPA process, and indicate the anticipated date of completion of all milestones and of the final NEPA determination. If the final agency action with respect to NEPA occurred more than three years before the application date, the applicant should describe a proposed approach for updating this material in accordance with applicable NEPA reconsideration requirements. • Information on reviews, approvals, and permits by other Federal and State agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies,14 indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and should demonstrate compliance with any other applicable Federal, State, or local requirements, and when such approvals are expected. Applicants should provide a website link or other reference to copies of any reviews, approvals, and permits prepared. • Environmental studies or other documents—preferably through a website link—that describe in detail known project impacts, and possible mitigation for those impacts. 14 Projects that may impact protected resources such as wetlands, species habitat, cultural or historic resources require review and approval by Federal and State agencies with jurisdiction over those resources. E:\FR\FM\25MRN1.SGM 25MRN1 17122 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices • A description of discussions with the appropriate Department modal administration field or headquarters office regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals. • A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design. ii. State and Local Approvals. The applicant should demonstrate receipt (or the schedule for anticipated receipt) of State and local approvals on which the project depends, such as State and local environmental and planning approvals, and statewide transportation improvement program (STIP) or transportation improvement program (TIP) funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support. iii. Federal Transportation Requirements Affecting State and Local Planning. The planning requirements applicable to the Federal-aid highway program apply to all projects, but for port, freight, and rail projects, planning requirements of the operating administration that will administer the project will also apply,15 including intermodal projects located at airport facilities.16 Applicants should demonstrate that a project that is required to be included in the relevant State, metropolitan, and local planning documents has been or will be included in such documents. If the project is not included in a relevant planning document at the time the application is submitted, the applicant should submit a statement from the appropriate planning agency that actions are underway to include the project in the relevant planning document. To the extent possible, freight projects should be included in a State Freight Plan and supported by a State Freight Advisory Committee (49 U.S.C. 70201, 70202). Applicants should provide links or other documentation supporting this consideration. Because projects have different schedules, the construction start date for each grant will be specified in the project-specific agreements signed by relevant modal administration and the grant recipients, will be based on critical path items that applicants identify in the application, and will be consistent with relevant State and local plans. iv. Assessment of Project Risks and Mitigation Strategies. Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match, pushback from stakeholders or impacted communities, or lack of legislative approval, affect the likelihood of successful project start and completion. The applicant should identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake to mitigate those risks. The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks. To the extent it is unfamiliar with the Federal program, the applicant should contact the Department modal field or headquarters offices as found at https:// www.transportation.gov/grants/megaadditional-guidance for information on what steps are prerequisite to the obligation of Federal funds to ensure that their project schedule is reasonable and that there are no risks of delays in satisfying Federal requirements. VIII. Statutory Project Requirements To select a project for award, the Department must determine that the project—as a whole, as well as each independent component of the project— satisfies statutory requirements relevant to the program from which it will receive an award. The application should include sufficient information for the Department to make these determinations for both the project as a whole and for each independent component of the project. Applicants should use this section of the application to summarize how their project meets applicable statutory requirements and, if present, how each independent project component meets each of the following requirements. Applicants are not required to reproduce the table below in their application, but following this format will help evaluators identify the relevant information that supports each large project determination. Supporting information provided in appendices may be referenced. lotter on DSK11XQN23PROD with NOTICES1 STATUTORY SELECTION REQUIREMENTS 23 U.S.C. 117 INFRA 49 U.S.C. 6701 Mega 23 U.S.C. 173 Rural Guidance (1) The project will generate national, or regional economic, mobility, or safety benefits. (1) The project is likely to generate national or regional economic, mobility, safety benefits. (1) The project will generate regional economic, mobility, or safety benefits. (2) The project will be cost effective. (3) The project will be cost effective. (2) The project will be cost effective. Summarize the economic, mobility, and safety benefits of the project and independent project components, and describe the scale of their impact in national or regional terms. The Department will base its determination on the assessment of this information by Project Outcome evaluators. Highlight the results of the Benefit-Cost analysis, as well as the analyses of independent project components if applicable. The Department will base its determination on the ratio of project benefits to project costs as assessed by the Economic Analysis Team. 15 In accordance with 23 U.S.C. 134 and § 135, all projects requiring an action by the Federal Highway Administration (FHWA) must be in the applicable plan and programming documents (e.g., metropolitan transportation plan, transportation improvement program (TIP), and statewide transportation improvement program (STIP)).). Further, in air quality non-attainment and maintenance areas, all regionally significant projects, regardless of the funding source, must be included in the conforming metropolitan transportation plan and TIP. Inclusion in the STIP is required under certain circumstances. To the extent a project is required to be on a metropolitan transportation plan, TIP, and/or STIP, it will not receive a grant until it is included in such plans. Projects not currently included in these plans can VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 be amended by the State and metropolitan planning organization (MPO). Projects that are not required to be in long range transportation plans, STIPs, and TIPs will not need to be included in such plans to receive a grant. Port, freight rail, and intermodal projects are not required to be on the State Rail Plans called for in the Passenger Rail Investment and Improvement Act of 2008. However, applicants seeking funding for freight projects are encouraged to demonstrate that they have done sufficient planning to ensure that projects fit into a prioritized list of capital needs and are consistent with longrange goals. Means of demonstrating this consistency would include whether the project is in a TIP or a State Freight Plan that conforms to the requirements of Section 70202 of Title70202Title 49 U.S.C. prior to the start of construction. Port PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 planning guidelines are available at StrongPorts.gov. 16 Projects at grant obligated airports must be compatible with the Federal Aviation Administration (FAA---)--)—approved Airport Layout Plan (ALP), as well as aeronautical surfaces associated with the landing and takeoff of aircraft at the airport. Additionally, projects at an airport: Must comply with established Sponsor Grant Assurances, including (but not limited to) requirements for non-exclusive use facilities, consultation with users, consistency with local plans including development of the area surrounding the airport, and consideration of the interest of nearby communities, among others; and must not adversely affect the continued and unhindered access of passengers to the terminal. E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 17123 lotter on DSK11XQN23PROD with NOTICES1 STATUTORY SELECTION REQUIREMENTS—Continued 23 U.S.C. 117 INFRA 49 U.S.C. 6701 Mega 23 U.S.C. 173 Rural Guidance (3) The project will contribute to 1 or more of the national goals described under Section 150. (4) The project is based on the results of preliminary engineering. No statutory requirement ......... (3) The project will contribute to 1 or more of the national goals described under Section 150. (4) The project is based on the results of preliminary engineering. (5) With respect to related nonfederal financial commitments, 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project, and contingency amounts are available to cover unanticipated cost increases. (4) With respect to non-federal financial commitments, 1 or more stable and dependable sources are available to construct, operate, and maintain the project, and to cover cost increases. No statutory requirement ......... (6) The project cannot be easily and efficiently completed without other Federal funding or financing available to the project sponsor. (2) The project is in significant need of Federal funding. No statutory requirement ......... (7) The project is reasonably expected to begin not later than 18 months after the date of obligation of funds for the project. (5) The applicant have, or will have, sufficient legal, financial, and technical capacity to carry out the project. (5) The project is reasonably expected to begin not later than 18 months after the date of obligation of funds for the project. Specify the Goal(s) and summarize how the project and independent project components contribute to that goal(s). The Department will base its determination on the assessment of this information by Project Outcome evaluators. For a project or independent project component to be based on the results of preliminary engineering, please indicate which of the following activities have been completed as of the date of application submission: • Environmental Assessments. • Topographic Surveys. • Metes and Bounds Surveys. • Geotechnical Investigations. • Hydrologic Analysis. • Utility Engineering. • Traffic Studies. • Financial Plans. • Revenue Estimates. • Hazardous Materials Assessments. • General estimates of the types and quantities of materials. • Other work needed to establish parameters for the final design. If one or more of these studies was included in a larger plan or document not described above, please explicitly state that and reference the document. The Department will base its determination on the assessment by technical capacity evaluators. Please indicate funding source(s) and amounts that will account for all project costs, broken down by independent project component, if applicable. Demonstrate that the funding is stable, dependable, and dedicated to this specific project by referencing the STIP/TIP, a letter of commitment, a local government resolution, memorandum of understanding, or similar documentation. Please state the contingency amount available for the project. The Department will base its determination on an assessment of this information by financial completeness evaluators. The Department will base its determination on an assessment of this information by financial completeness evaluators. Describe the potential negative impacts on the proposed project if the MPDG grant (or other Federal funding) was not awarded. Respond to the following: 1. How would the project scope be affected if MPDG (or other Federal funds) were not received? 2. How would the project schedule be affected if MPDG (or other Federal funds) were not received? 3. How would the project cost be affected if MPDG (or other Federal funds) were not received? If there are no negative impacts to the project scope, schedule, or budget if MPDG funds are not received, state that explicitly. Impacts to a portfolio of projects will not satisfy this requirement; please describe only project- specific impacts. Re-stating the project’s importance for national or regional economic, mobility, or safety will not satisfy this requirement. The Department will base its determination on an assessment of this information by program evaluators. Please provide expected obligation date and construction start date, referencing project budget and schedule as needed. If the project has multiple independent components, or will be obligated and constructed in multiple phases, please provide sufficient information to show that each component meets this requirement. The Department will base its determination on the project risk rating as assessed according to the Project Readiness consideration. The Department will base its determination on the project risk as assessed by the Environmental Risk, Financial Completeness, and Technical Capacity evaluators. No statutory requirement ......... For an INFRA small project to be selected, the Department must consider the cost effectiveness of the proposed project, the effect of the proposed project on mobility in the State and region in which the project is carried out, and the effect of the proposed project on safety on freight corridors VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 with significant hazards such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades. If an applicant seeks an award for an INFRA small project, it should use this section to provide information on the project’s cost effectiveness, PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 including by summarizing the results of the benefit-cost analysis for the project, and the project’s effect on the mobility in its State and region, and the effect of the proposed project on safety of freight corridors with significant hazards, or refer to where else the information can be found in the application. E:\FR\FM\25MRN1.SGM 25MRN1 17124 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 3. Unique Entity Identifier and System for Award Management (SAM) Each applicant must: (1) Be registered in SAM before submitting its application; (2) provide a valid unique entity identifier in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Department may not make an MPDG grant to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Department is ready to make an MPDG grant, the Department may determine that the applicant is not qualified to receive an MPDG grant and use that determination as a basis for making an MPDG grant to another applicant. 4. Submission Dates and Times Applications must be submitted by 11:59 p.m. EDT May 23, 2022. The Grants.gov ‘‘Apply’’ function will open by March 25, 2022. To submit an application through Grants.gov, applicants must: (1) Obtain a Unique Entity Identifier (UEI) number; 17 (2) Register with the System for Award Management (SAM) at www.sam.gov; (3) Create a Grants.gov username and password; and (4) The E-business Point of Contact (POC) at the applicant’s organization must also respond to the registration email from Grants.gov and login at Grants.gov to authorize the POC as an Authorized Organization Representative (AOR). Please note that there can only be one AOR per organization. lotter on DSK11XQN23PROD with NOTICES1 Please note that the Grants.gov registration process usually takes 2–4 weeks to complete and that the Department will not consider late applications that are the result of failure to register or comply with Grants.gov applicant requirements in a timely manner. For information and instruction on each of these processes, please see instructions at https://www.grants.gov/ web/grants/applicants/applicantfaqs.html. If applicants experience difficulties at any point during the registration or application process, please call the Grants.gov Customer 17 On April 4, 2022 the Federal government will stop using the Data Universal Numbering System (DUNS) number to uniquely identify entities. At that point, entities doing business with the Federal government will use a Unique Entity Identifier (UEI) created in SAM.gov. If your entity is currently registered in SAM.gov, your UEI has already been assigned and is viewable in SAM.gov. This includes inactive registrations. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 Service Support Hotline at 1(800) 518– 4726. 5. Funding Restrictions i. Mega BIL specifies that 50 percent of available Mega funds are set aside for projects between $100 million and $500 million in cost. The remaining available Mega funds, less 2 percent for program administration, are for projects greater than $500 million in cost. ii. INFRA The Department will make awards under the INFRA program to both large and small projects (refer to section C.5.ii for a definition of large and small projects). For a large project, BIL specifies that an INFRA grant must be at least $25 million. For a small project, including both construction awards and project development awards, the grant must be at least $5 million. For each fiscal year of INFRA funds, a minimum of 15 percent of available funds are reserved for small projects, and a maximum of 85 percent of funds are reserved for large projects. The program statute specifies that not more than 30 percent of INFRA grants for each of the fiscal years 2022 to 2026 may be used for grants to freight rail, water (including ports and marine highway corridors), other freight intermodal projects that make significant improvements to freight movement on the National Highway Freight Network or National Multimodal Freight Network, wildlife crossing projects, projects located within or functionally connected to an international border crossing area in the United States, improves a transportation facility owned by a Federal, State, or local government entity, and projects that increase the throughput efficiency of border crossings. As much as $482 million may be available within this provision. Only the nonhighway portion(s) of multimodal projects count toward this limit. Grade crossing and grade separation projects do not count toward the limit for freight rail, port, and intermodal projects. The Department may award less than the full amount available under this provision. The program statute requires that at least 25 percent of the funds provided for INFRA large project grants must be used for projects located in rural areas, as defined in Section C.6 The program statute requires that at least 30 percent of the funds provided for INFRA small project grants must be used for projects located in rural areas, as defined in Section C.6. The Department may elect PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 to go above that threshold. The USDOT must consider geographic diversity among grant recipients, including the need for a balance in addressing the needs of urban and rural areas. BIL specifies that $150 million in available INFRA funding for each of the fiscal years 2022 to 2026 be set aside for an INFRA Leverage Pilot program. The INFRA Leverage Pilot program will fund projects with a Federal share of less than 50 percent. Not less than 10 percent of the INFRA Leverage Pilot funds will be awarded to small INFRA projects, as defined in Section C.5.ii.(b), and not less than 25 percent of the INFRA Leverage Pilot funds will be awarded to rural projects, as defined in Section C.6. iii. Rural The Department will make awards under the Rural program. All funding under this program will be awarded to projects defined as rural projects, as defined in Section C.6. BIL specifies that at least 90 percent of Rural grant amounts must be at least $25 million, and up to 10 percent of Rural grants may be for grant amounts of less than $25 million. BIL specifies that 15 percent of the Rural program funds shall be reserved for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States.18 This is defined based on five-year rolling average of rural roadway departure fatality rate per 100 million VMT. BIL specifies that 25 percent of the Rural program funds shall be reserved for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40 U.S.C. 6. Other Submission Requirements a. Consideration of Application Only applicants who comply with all submission deadlines described in this notice and submit applications through Grants.gov will be eligible for award. Applicants are strongly encouraged to make submissions in advance of the deadline. 18 States with above average rural roadway departure fatalities (based on five-year rolling average of rural roadway departure fatality rate per 100 million VMT) include: Alabama; Alaska; Arkansas; Idaho; Iowa; Kansas; Kentucky; Louisiana; Maine; Mississippi; Missouri; Montana; Nebraska; New Mexico; North Carolina; North Dakota; Oklahoma; Oregon; South Carolina; South Dakota; Tennessee; Vermont; West Virginia; Wyoming. E:\FR\FM\25MRN1.SGM 25MRN1 17125 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices b. Late Applications Applications received after the deadline will not be considered except in the case of unforeseen technical difficulties outlined below. c. Late Application Policy Applicants experiencing technical issues with Grants.gov that are beyond the applicant’s control must contact MPDGrants@dot.gov prior to the application deadline with the user name of the registrant and details of the technical issue experienced. The applicant must provide: 1. Details of the technical issue experienced; 2. Screen capture(s) of the technical issues experienced along with corresponding Grants.gov ‘‘Grant tracking number’’; 3. The ‘‘Legal Business Name’’ for the applicant that was provided in the SF–424; 4. The AOR name submitted in the SF–424; 5. The UEI number associated with the application; and 6. The Grants.gov Help Desk Tracking Number. To ensure a fair competition of limited competitive funds, the following conditions are not valid reasons to permit late submissions: (1) Failure to complete the registration process before the deadline; (2) failure to follow Grants.gov instructions on how to register and apply as posted on its website; (3) failure to follow all the instructions in this notice of funding opportunity; and (4) technical issues experienced with the applicant’s computer or information technology environment. After the Department reviews all information submitted and contacts the Grants.gov Help Desk to validate reported technical issues, the Department staff will contact late applicants to approve or deny a request to submit a late application through Grants.gov. If the reported technical issues cannot be validated, late applications will be rejected as untimely. E. Application Review Information 1. Criteria i. Overall Application Rating The Department will assign each eligible project a rating of highly recommended, recommended, or not recommended for each of the grant programs for which the applicant is applying. The rating will be assigned by the Department on the following basis: A rating of ‘‘Not Recommended’’ will be assigned to projects that: • The Department determines do not meet one or more statutory requirements for award, or additional information is required for one or more statutory requirements; or • Receive a low rating in one or more of project outcome, economic analysis, or project readiness; or • Are otherwise identified by the Senior Review Team to not be suitable for a grant award based on its weakness within a Project Outcome Area. A rating of ‘‘Highly Recommended’’ will be assigned to projects that: 0 Rating Scale ...... 1 The project negatively affects this outcome area OR the application contains insufficient information to assess this outcome area. lotter on DSK11XQN23PROD with NOTICES1 The Department is neither weighting these criteria nor is a project required to score highly in each criterion, but project sponsors are encouraged to propose projects that score highly in as many areas as possible. The Department will assign a high, medium-high, medium, medium-low, and low project outcome rating on the following basis: Score At least three 3’s, no 0’s .............. At least one 3, no 0’s ................... No 3’s, no 0’s ............................... No more than one 0 ..................... Rating High. Medium-High. Medium. Medium-Low. The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. ii. Project Outcome Criteria The Department will consider the extent to which the project addresses the following project outcome criteria, which are explained in greater detail below and reflect the key program objectives described in Section D.V: (1) Safety; (2) state of good repair; (3) economic impacts, freight movement, and job creation; (4) climate change, resiliency, and the environment; (5) equity, multimodal options, and quality of life; and (6) innovation areas: technology, project delivery, and financing. For each project outcome area, the Project Outcome Analysis team will assign a 0, 1, 2, or 3 according to the guidelines below. 2 3 The project has clear and direct benefits in this outcome area stemming from adopting common practices for planning, designing or building infrastructure. The project has clear and direct, data-driven, and significant benefits in this outcome area, that are well supported by the evidence in the application Score Rating Two or more 0’s ........................... • The Department determines meet all statutory requirements for award and receive high ratings in all of project outcomes, economic analysis, and project readiness; or • Meet all statutory requirements for award and are otherwise determined by the Senior Review Team to be an exemplary project of national or regional significance that generates significant benefits in one of the project outcome areas. A rating of ‘‘Recommended’’ will be assigned to projects that: • The Department determines meet all statutory requirements for award; and • Are not otherwise assigned a ‘‘Highly Recommended or ‘‘Not Recommended’’ rating. Low. Criterion #1: Safety The Department will assess how the project targets a known safety problem and seeks to protect motorized and nonmotorized travelers and communities, including vulnerable users, from health and safety risks. The Department will consider the project’s estimated impacts on the number, rate, and consequences of crashes, fatalities and serious injuries among transportation users; the degree to which the project addresses vulnerable roadway users; and the degree to which the project addresses inequities in crash victims; the project’s incorporation of roadway design and technology that is proven to improve safety. Applicants are encouraged to support actions and activities identified in the National Roadway Safety Strategy (National Roadway Safety Strategy | US Department of Transportation).19 The Department is also focused on the national priority of addressing the shortage of long-term parking for commercial motor vehicles on the 19 https://www.transportation.gov/NRSS https:// www.transportation.gov/NRSS. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 17126 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices National Highway System. Projects which increase access to truck parking generate safety benefits for motorized Score Safety criterion 0 ................... 1 ................... The project negatively impacts this project outcome area ......... The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. The project produces nontrivial, positive benefits in this outcome area that are well supported by the evidence in the application. 2 ................... 3 ................... Example The project produces significant, transformative benefits in this outcome area, that are well supported by the evidence in the application. Criterion #2: State of Good Repair DOT will assess whether and to what extent the project: (1) Is consistent with relevant plans to maintain transportation facilities or systems in a state of good repair, including Department-required asset management plans; and (2) addresses current and projected vulnerabilities that, if left unimproved, will threaten future transportation network efficiency, mobility of goods or accessibility and State of good repair criterion 0 ................... 1 ................... The project negatively impacts this project outcome area ......... The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. 2 ................... The project produces nontrivial, positive benefits in this outcome area that are well supported by the evidence in the application. The project produces significant, transformative benefits in this outcome area, that are well supported by the evidence in the application. Criterion #3: Economic Impacts, Freight Movement, and Job Creation The Department will assess the degree to which the project contributes to one or more of the following outcomes (1) improve system operations to increase travel time reliability and manage travel demand for goods movement, especially strengthening the resilience and expanding the capacity of critical supply chain bottlenecks, to promote economic security and improve local and regional freight connectivity to the Example: The project will result in minimal improvements to safety, with little impact on the number of crashes, fatalities, or serious injuries to the traveling public. Example: The project results in measurable reductions in crashes, fatalities, or serious injuries to the traveling public, including vulnerable roadway users, by adopting actions and activities identified in the National Roadway Safety Strategy. Example: The project targets a well-known safety problem; results in a significant reduction in fatalities or serious injuries to motorized and nonmotorized users. The project incorporates innovative roadway design or technology aimed at protecting the health and safety of vulnerable roadway users. mobility of people, or economic growth. The Department will also consider whether the project includes a plan to maintain the transportation infrastructure built with grant funds in a state of good repair. The Department will prioritize projects that ensure the good condition of transportation infrastructure, including rural transportation infrastructure, and support commerce and economic growth. Projects that represent routine Score 3 ................... lotter on DSK11XQN23PROD with NOTICES1 and non-motorized users as well as commercial vehicle operators. or deferred maintenance will be less competitive in this criterion. Per FHWA’s published Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America, 20 the Department encourages applicants to improve the condition and safety of existing State and locally-owned transportation infrastructure within the right-of-way. Example Example: The project is identified in the sponsor’s Asset Management Plan, but it is difficult to verify that the infrastructure asset will operate at a full level of performance after the project improvements. Example: The project is identified in the sponsor’s Asset Management Plan and will repair or rebuild an infrastructure asset so that will operate at a full level of performance. Example: The project is identified in the sponsor’s Asset Management Plan, will repair or rebuild an infrastructure asset so that will operate at a full level of performance, and is designed to significantly reduce future operation and maintenance costs throughout the asset life, beyond the costs saved from the initial project expenditure, and/or that will significantly lengthen the standard useful life of the asset. national and global economy; (2) improve multimodal transportation systems that incorporate affordable transportation options such as public transit to improve mobility of people and goods; (3) decrease transportation costs and improve access, through reliable and timely access, to employment centers and job opportunities; (4) offer significant regional and national improvements in economic strength by increasing the economic productivity of land, capital, or labor, and improving the economic strength of regions and cities; (5) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks; (6)) result in high quality job creation by supporting goodpaying jobs with a free and fair choice to join a union, in project construction and in on-going operations and maintenance, and incorporate strong 20 https://www.fhwa.dot.gov/bipartisaninfrastructure-law/docs/building_a_better_americapolicy_framework.pdf. VerDate Sep<11>2014 17:32 Mar 24, 2022 Jkt 256001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices labor standards, such as through the use of project labor agreements, registered apprenticeship programs, and other joint labor-management training programs; 21 (7) result in workforce opportunities for historically underrepresented groups, such as through the use of local hire provisions or other workforce strategies targeted at or jointly developed with historically underrepresented groups, to support project development; (8) foster Score Economic impacts, freight movement, and job creation criterion 0 ................... 1 ................... The project negatively impacts this project outcome area ......... The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. 2 ................... The project produces nontrivial, positive benefits in this outcome area that are well supported by the evidence in the application. 3 ................... The project produces significant, transformative benefits in this outcome area, that are well supported by the evidence in the application. Criterion #4: Climate Change, Resiliency, and the Environment lotter on DSK11XQN23PROD with NOTICES1 economic growth and development while creating long-term high quality jobs, while addressing acute challenges, such as energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008; (9) Support integrated land use, economic development, and transportation planning to improve the movement of people and goods and The Department will consider the extent to which the project incorporates considerations of climate change and environmental justice in the planning stage and in project delivery, such as through incorporation of specific design elements that address climate change impacts. The Department will evaluate the degree to which the project is local fiscal health, and facilitate greater public and private investments and strategies in land-use productivity, including rural main street revitalization or increase in the production or preservation of locationefficient housing or (10) help the United States compete in a global economy by encouraging the location of important industries and future innovations and technology in the U.S. and facilitating efficient and reliable freight movement. Example Example 1: The project sponsor provides some justification, but with minimal evidence, that the project will help to positively impact regional economic development in the area or help to offset job losses in the area. Example 2: The project sponsor provides minimal evidence that the project will create high quality jobs with a free choice to join a union or the incorporation of strong labor standard and practice, such as project labor agreements, use of registered apprenticeships or other joint labor-management training programs, and the use of an appropriately credentialed workforce. Example 1: The project sponsor demonstrates some or limited new short-term or long-term job creation as a result of the project and it is documented by a signed letter from a business(es) stating the amount of new jobs to be created, and how the project is vital to the creation of those jobs. Example 2: The project opens additional new tourism or recreational access and is aligned with a plan that demonstrates that intention. Example: 3: The project sponsor demonstrates some evidence that the project will create high quality jobs with a free choice to join a union or the incorporation of strong labor standard and practice, such as project labor agreements, use of registered apprenticeships or other joint labor-management training programs, and the use of an appropriately credentialed workforce. Example 1: The project sponsor demonstrates that the project addresses a national supply chain bottleneck, the main goal of the project is to positively impact that bottleneck, and ample evidence is provided that shows significant national supply chain benefits from the project. Example 2: The project sponsor demonstrates significant creation of good-paying jobs with a free and fair choice to join a union and the incorporation of strong labor standards and practices, such as project labor agreements, use of registered apprenticeships or other joint labor-management training programs, and the use of an appropriately credentialed workforce. This can be documented by a signed letter for a labor union, or worker organization that describes the number and characteristics of high-quality jobs on the project. expected to reduce transportationrelated pollution such as air pollution and greenhouse gas emissions, increase use of lower-carbon travel modes such as transit and active transportation, improve the resilience of at-risk infrastructure to climate change and other natural hazards, incorporate lower-carbon pavement and construction materials, or address the disproportionate negative environmental impacts of transportation on disadvantaged communities. DOT will evaluate the extent which the project prevents stormwater runoff that would be a detriment to aquatic species. The Department will also consider whether the project will promote energy efficiency, support fiscally responsible land use and transportation efficient design, facilitate the production or preservation of location-efficient 21 https://www.apprenticeship.gov/. VerDate Sep<11>2014 17:32 Mar 24, 2022 Jkt 256001 PO 00000 Frm 00065 Fmt 4703 17127 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 17128 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices affordable housing, incorporate electrification or zero emission vehicle infrastructure, increase resiliency and recycle or redevelop brownfield sites, particularly in communities that disproportionally experience climatechange-related consequences. The Department will consider whether projects in floodplains are upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030 Climate-Related Financial Risk (86 FR 27967,) and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicitinga and Considering Stakeholder Input (80 FR 6425.) The Department will assess whether the project has addressed environmental sustainability, including but not limited to consideration of the following examples: (1) The project results in greenhouse gas emissions reductions relative to a no-action baseline; Score 0 ................... 1 ................... The project negatively impacts this project outcome area. The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. 2 ................... The project produces nontrivial, positive benefits in this outcome area that are well supported by the evidence in the application. 3 ................... The project produces significant, transformative benefits in this outcome area, that are well supported by the evidence in the application. The Department will consider the extent to which the project improves quality of life in rural areas or urbanized areas. This may include projects that: (1) Increase affordable and accessible transportation choices and equity for individuals, including disadvantaged communities; (2) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation centers; (3) reduce transportation and housing cost burdens, including through public and private investments to support greater commercial and mixed-income residential development near public transportation, VerDate Sep<11>2014 (7) The project incorporates electrification infrastructure (e.g., installation of electric vehicle charging stations, zero-emission vehicle infrastructure, or both); (8) The project promotes energy efficiency; (9) The project serves the renewable energy supply chains; (10) The project improves disaster preparedness and resilience to all hazards; (11) The project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity; (12) The project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm (e.g., brownfield redevelopment); (13) The project supports or incorporates the construction of energy- and locationefficient buildings, including residential or mixed-use development; or (14) The project proposes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. Climate change, resiliency, and the environment criterion Criterion #5: Equity, Multimodal Options, and Quality of Life lotter on DSK11XQN23PROD with NOTICES1 (2) A Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions has been prepared and the project directly supports that Climate Action Plan; (3) The regional transportation improvement program (TIP) or statewide transportation improvement program (STIP) is based on integrated land use and transportation planning and design that increases low-carbon mode travel, reduction of greenhouse gases and vehicle miles traveled or multimodal transportation choices and/or incorporates electrification or zero emission vehicle infrastructure. (4) The project sponsor has used environmental justice tools such as the EJSCREEN to minimize adverse impacts to environmental justice communities (https:// ejscreen.epa.gov/mapper/); (5) A Local/Regional/State Energy Baseline Study has been prepared and the project directly supports that study; (6) The project supports a modal shift in freight (e.g., from highway to rail) or passenger movement (e.g., from driving to transit, walking, and/or cycling) to reduce emissions. The project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions; 16:50 Mar 24, 2022 Jkt 256001 Example Example: A Local/Regional/State Climate Action Plan has been prepared but it is difficult to verify with the information provided how the actual project would directly positively impact climate or resiliency. Example 1: The project demonstrates some greenhouse gas emission reduction. Example 2: The project sponsor demonstrates that one of the goals of the project is to improve or enhance resiliency of atrisk infrastructure. Example 1: The project significantly reduces transportation-related air pollution and greenhouse gas emissions from uncoordinated land-use decisions. Example 2: The project sponsor demonstrates that the main goal of the project is to improve or enhance resiliency of atrisk infrastructure and the sponsor has provided ample evidence of increased climate impacts to the project area. Example 3: The project incorporates electrification or zero emission vehicle infrastructure. along rural main streets or in walkable neighborhoods; (4) increase the walkability and accessibility for pedestrians and encourage thriving communities for individuals to work, live, and play by creating transportation choices for individuals to move freely with or without a car; (5) enhance the unique characteristics of the community; (6) proactively address equity 22 or other disparities and barriers to opportunity, through the planning process or through incorporation of design elements; (7) have engaged, or will engage, diverse people and communities and demonstrate 22 Definitions for ‘‘equity’’ and ‘‘underserved communities’’ are found in Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Sections 2(a) and (b). PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 that equity considerations and community input and ownership, particularly among disadvantaged communities, are meaningfully integrated into planning, development, and implementation of transportation investments. Competitive applications should demonstrate strong collaboration and support among a broad range of stakeholders, including communitybased organizations, other public or private entities, and labor unions; or (8) support a Local/Regional/State Equitable Development Plan. The Department will consider the extent to which the project benefits a historically disadvantaged community or population, or areas of persistent poverty. (a) In this context, Areas of Persistent Poverty means: (1) Any county that has consistently had greater than or equal to 20 percent of the population living in poverty E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices during the 30-year period preceding November 15, 2021, as measured by the 1990 and 2000 23 decennial census and the most recent annual Small Area Income Poverty Estimates as estimated by the Bureau of the census; 24 (2) any census tract with a poverty rate of at least 20 percent as measured by the 2014–2018 5-year data series available from the American Community Survey of the Bureau of the Census; 25 or (3) any territory or possession of the United States. A county satisfies this definition only if 20 percent of its population was living in poverty in all three of the listed datasets: (a) The 1990 decennial census; (b) the 2000 decennial census; and (c) the 2020 Small Area Income Poverty Estimates. This definition is the same as the definition used for the RAISE program. The Department lists all counties and census tracts that meet this definition for Areas of Persistent Poverty at https://datahub. transportation.gov/stories/s/tsyd-k6ij. (b) Historically Disadvantaged Communities—The Department has developed a definition of Historically Disadvantaged Communities as part of its implementation of the Justice40 Initiative and will use that definition for the purpose of this Notice of Funding Opportunity. Consistent with OMB’s Interim Guidance for the Justice40 Initiative,26 Historically Disadvantaged Communities include (a) certain qualifying census tracts, (b) any Score The Department will assess whether the project proactively addresses equity and barriers to opportunity, including but not limited to the following examples: (1) An equity impact analysis has been completed for the project; (2) The project sponsor has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure equity in the overall project delivery and implementation; (3) The project includes comprehensive planning and policies to promote hiring of underrepresented populations including local and economic hiring preferences and investments in high-quality workforce development programs with supportive services, including labor-management programs, to help train, place, and retain people in good-paying jobs or registered apprenticeship. (4) The project includes physical-barriermitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation; (5) The project includes new or improved walking and bicycling infrastructure, reduces automobile dependence, and improves access for people with disabilities and proactively incorporates Universal Design; 27 (6) The project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities; or (7) The project addresses automobile dependence as a form of barrier to opportunity. The Department will also consider the extent to which the project benefits a Historically Disadvantaged Community or population, or Areas of Persistent Poverty, as defined in Section C of this Notice. Equity, multimodal options, and quality of life criterion 0 ................... 1 ................... The project negatively impacts this project outcome area. The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. 2 ................... The project produces nontrivial, positive benefits in this outcome area that are well supported by the evidence in the application. 3 ................... The project produces significant, transformative benefits in this outcome area, that are well supported by the evidence in the application. Example Example 1: The project sponsor has developed and published a general equity policy statement for their agency but have not demonstrated any other equity considerations for the actual project. Example 2: The project sponsor has created additional multimodal access in conjunction with the project, but only as a minimum project requirement, and not as a result of intentional planning efforts. Example: The project sponsor is supporting workforce development programs, including labor-management programs, local hire provisions and incorporating workforce strategy into project development in a manner that produces non-trivial benefits. Example: The project sponsor includes new and/or greatly improved multimodal and transit access across previously bifurcated disadvantaged neighborhoods, and demonstrates how specifically the disadvantaged neighborhoods will be positively impacted, and how those improvements were as a result of intentional planning and public input. Consistent with the Department’s Innovation Principles 28 to support workers, to allow for experimentation and learn from failure, to provide opportunities to collaborate, and to be flexible and adapt as technology changes, the Department will assess the extent to which the applicant uses innovative and secure-by-design strategies, including: (1) Innovative technologies, (2) innovative project delivery, or (3) innovative financing. Innovative Technology: Consistent with the Department’s Innovation Principles, the Department will assess innovative and secure-by-design technological approaches to transportation, particularly in relation to automated, connected, and electric vehicles and the detection, mitigation, and documentation of safety risks. When making grant award decisions, the Department will consider any 23 See https://www.census.gov/data/tables/timeseries/dec/census-poverty.html for county dataset. 24 See https://www.census.gov/data/datasets/ 2020/demo/saipe/2020-state-and-county.html for December 2020 Small Area Income Poverty Dataset. 25 See https://data.census.gov/cedsci/table?q= ACSST1Y2018.S1701&tid=ACSST5Y2018. S1701&hidePreview=false for 2014–2018 five year data series from the American Community Survey. 26 https://www.whitehouse.gov/wp-content/ uploads/2021/07/M-21-28.pdf. 27 ‘‘Universal design’’ is a concept in which products and environments are designed to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. For more information: https:// www.section508.gov/develop/universal-design/. 28 https://www.transportation.gov/priorities/ innovation/us-dot-innovation-principles. Criterion #6: Innovation Areas: Technology, Project Delivery, and Financing lotter on DSK11XQN23PROD with NOTICES1 Tribal land, or (c) any territory or possession of the United States. This definition is the same as the definition used for the RAISE program. The Department is providing a list of census tracts that meet the definition of Historically Disadvantaged Communities, as well as a mapping tool to assist applicants in identifying whether a project is located in a Historically Disadvantaged Community, available at https://datahub.transportation. gov/stories/s/tsyd-k6ij. 17129 VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 17130 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices innovative technological approaches proposed by the applicant, particularly projects that incorporate innovative technological design solutions, enhance the environment for connected, electric, and automated vehicles, or use technology to improve the detection, mitigation, and documentation of safety risks. Innovative technological approaches may include, but are not limited to: • Conflict detection and mitigation technologies (e.g., intersection alerts and signal prioritization); • Dynamic signaling, smart traffic signals, or pricing systems to reduce congestion; • Traveler information systems, to include work zone data exchanges; • Signage and design features that facilitate autonomous or semiautonomous vehicle technologies; • Applications to automatically capture and report safety-related issues (e.g., identifying and documenting nearmiss incidents); • Vehicle-to-Everything (V2X) Technologies (e.g., technology that facilitates passing of information between a vehicle and any entity that may affect the vehicle); • Vehicle-to-Infrastructure (V2I) Technologies (e.g., digital, physical, coordination, and other infrastructure technologies and systems that allow vehicles to interact with transportation infrastructure in ways that improve their mutual performance); Score Innovative Project Delivery: The Department will consider the extent to which the project utilizes innovative practices in contracting (such as publicprivate partnerships and single contractor design-build arrangements), congestion management, asset management, or long-term operations and maintenance. The Department also seeks projects that employ innovative approaches to improve the efficiency and effectiveness of the environmental permitting and review to accelerate project delivery and achieve improved outcomes for communities and the environment. The Department’s objective is to achieve timely and consistent environmental review and permit decisions. Participation in innovative project delivery approaches will not remove any statutory requirements affecting project delivery. Innovative Financing: The Department will assess the extent to which the project incorporates innovations in transportation funding and finance through both traditional and innovative means, including by using private sector funding or financing or using congestion pricing or other demand management strategies to address congestion. This includes the use of non-traditional sources of transportation funding to leverage traditional federal sources of funding to expand the overall investment in transportation infrastructure. Innovation criterion Example 0 ................ 1 ................ The project negatively impacts this project outcome area. The project’s claimed benefits in this outcome area are plausible but minimal OR the project’s claimed benefits in this area are not plausible. 2 ................ The project produces nontrivial, positive benefits in this outcome area that are well supported by the evidence in the application. 3 ................ The project produces significant, transformative benefits in this outcome area, that are well supported by the evidence in the application. iii. Economic Analysis Rating lotter on DSK11XQN23PROD with NOTICES1 • Vehicle-to-Grid Technologies (e.g., technologies and infrastructure that encourage electric vehicle charging, and broader sustainability of the power grid); • Cybersecurity elements to protect safety-critical systems; • Broadband deployment and the installation of high-speed networks concurrent with the transportation project construction; • Technology at land and seaports of entry that reduces congestion, wait times, and delays, while maintaining or enhancing the integrity of our border; • Work Zone data exchanges or related data exchanges; or • Other Intelligent Transportation Systems (ITS) that directly benefit the project’s users or workers, such as a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or ondemand mobility services. For innovative safety proposals, the Department will evaluate safety benefits that those approaches could produce and the broader applicability of the potential results. The Department will also assess the extent to which the project uses innovative technology that supports surface transportation to significantly enhance the operational performance of the transportation system. Please note that all innovative technology must be in compliance with 2 CFR 200.216.29 The Department will consider a project’s benefits as compared to its costs to determine whether a project is Example: The project references the incorporation of innovative technologies but does not elaborate on the benefits of those technologies or demonstrate how those technologies align with USDOT’s innovation principles. Example 1: The project incorporates some or limited amount of materials or construction processes that reduce greenhouse gas emissions. Example 2: The project incorporates innovative technology that advances USDOT innovation goals and employs innovative project delivery methods that will accelerate delivery and achieved improved outcomes. Example 1: The project incorporates a significant amount of materials or construction processes that reduce greenhouse gas emissions. Example 2: The project will generate significant benefits as a direct result of innovative technology, project delivery approaches, or innovative financing. cost effective and assign an economic analysis rating. To the extent possible, the Department will rely on quantitative, evidence-based and datasupported analysis, in this assessment. Based on the Department’s assessment, the Department will assign an economic analysis rating of high, medium-high, medium, medium-low, or low according to the following table: 29 https://ecfr.federalregister.gov/current/title-2/ subtitle-A/chapter-II/part-200/subpart-C/section200.216. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1 17131 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices Rating Description High ....................................................................................... Medium-High ......................................................................... Medium ................................................................................. Medium-Low ......................................................................... Low ....................................................................................... iv. Project Readiness Rating The Department will consider project readiness to assess the likelihood of a successful project. In that project readiness analysis, the Department will consider three evaluation ratings: Environmental Risk, Technical Assessment, and Financial Completeness Assessment. The application should contain a section that explicitly addresses Environmental Risk, but the Technical Assessment and Financial Completeness Assessment will be based on information contained throughout the application. Environmental Risk assessment analyzes the project’s environmental approvals and likelihood of the necessary approval affecting project obligation, and results in a rating of ‘‘high risk,’’ ‘‘moderate risk,’’ or ‘‘low risk.’’ The Technical Assessment will be reviewed for all eligible applications project’s project’s project’s project’s project’s 1 Technical Assessment ........................... Uncertain: The team is not confident in the applicant’s capacity to deliver this project in a manner that satisfies Federal requirements. Financial Completeness ......................... Incomplete Funding: The project lacks full funding, or one or more Federal or non-Federal match sources are still uncertain as to whether they will be secured in time to meet the project’s construction schedule. High Risk: The project has not completed or begun NEPA and there are known environmental or litigation concerns associated with the project. Score Rating All 3’s ..................................... Two 3’s, one 2 ....................... One 3, two 2’s ........................ All 2’s ..................................... Any 1’s ................................... High. Medium-High. Medium. Medium-Low. Low. v. Additional Considerations a. Geographic Diversity By statute, when selecting MPDG projects, the Department must consider contributions to geographic diversity among recipients, including the need for a balance between the needs of rural and urban communities. The Department will consider whether the VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 benefits will exceed its costs, with a benefit-cost ratio of at least 1.5. benefits will exceed its costs. benefits are likely to exceed its costs. costs are likely to exceed its benefits. costs will exceed its benefits. and will assess the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements based on factors including the recipient’s experience working with Federal agencies, civil rights compliance (including compliance with Title VI of the Civil Rights Act of 1964 and accompanying DOT regulations, the Americans with Disability Act, and Section 504 of the Rehabilitation Act), previous experience with Department discretionary grant awards and the technical experience and resources dedicated to the project. Technical Assessment ratings will be one of the following: ‘‘certain,’’ ‘‘somewhat certain,’’ ‘‘uncertain,’’ or ‘‘unknown.’’ Lack of previous project delivery according to Federal requirements is not sufficient justification for a rating of ‘‘uncertain,’’ but may result in a rating of ‘‘unknown.’’ Rating Environmental Review and Permitting Risk. lotter on DSK11XQN23PROD with NOTICES1 The The The The The 2 • Opportunity Zones: (https:// opportunityzones.hud.gov/) Frm 00069 Fmt 4703 3 Somewhat Certain/Unknown: The team Certain: The team is confident in the is moderately confident in the appliapplicant’s capacity to deliver the cant’s capacity to deliver the project project in a manner that satisfies in a manner that satisfies Federal reFederal requirements. quirements. Partially Complete/Appear Stable and Complete, Stable and Committed: The Highly Likely to be Available: Project Project’s Federal and non-Federal funding is not fully committed but apsources are fully committed—and pears highly likely to be secured in there is demonstrated funding availtime to meet the project’s construcable to cover contingency/cost intion schedule. creases. Moderate Risk: The project has not Low Risk: The Project has completed completed NEPA or secured necNEPA or it is highly likely that they essary Federal permits, and it is unwill be able to complete NEPA and certain whether they will be able to other environmental reviews in the complete NEPA or secure necessary time necessary to meet their project Federal permits in the time necschedule. essary to meet their project schedule. project is located in an Area of Persistent Poverty or a Historically Disadvantaged Community, as defined in Section C of this Notice. The Department will also consider whether the project is located in the Department or Federally designated area such as a qualified opportunity zone, Empowerment Zone, Promise Zone, or Choice Neighborhood. Applicants can find additional information about each of the designated zones at the sites below: PO 00000 The Financial Completeness Assessment reviews the availability of matching funds and whether the applicant presented a complete funding package, and will receive a rating of ‘‘complete, ‘‘partially complete,’’ or ‘‘incomplete.’’ For projects that receive a rating of ‘‘complete’’ and include funding estimates that are based on early stages of design (e.g., less than 30 percent design) or outdated cost estimates, without specified contingency, evaluators may add a comment to note the potential for uncertainty in the estimated project costs. All applicants should describe a plan to address potential cost overruns. The Project Readiness Ratings described above will be translated to a high, medium-high, medium, mediumlow, or low rating, using the table below: Sfmt 4703 • Empowerment Zones: (https:// www.hud.gov/hudprograms/ empowerment_zones) • Promise Zones: (https:// www.hud.gov/program_offices/field_ policy_mgt/fieldpolicymgtpz) • Choice Neighborhoods: (https:// www.hud.gov/program_offices/ public_indian_housing/programs/ph/ cn) A project located in a Federally designated community development zone is more competitive than a similar project that is not located in a Federally designated community development zone. The Department will rely on applicant-supplied information to make E:\FR\FM\25MRN1.SGM 25MRN1 17132 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices this determination and will only consider this if the applicant expressly identifies the designation in their application. b. Evaluation of Project Requirements lotter on DSK11XQN23PROD with NOTICES1 The following describes how the Department will evaluate the statutory Project requirements for the MPDG opportunity. 1. The project will generate (or for Mega, ‘‘is likely to generate’’) national or regional economic, mobility, or safety benefits (applicable for Mega, INFRA, and Rural). A project meets this determination if the Project Outcome Analysis documents national or regional economic, mobility, or safety benefits. 2. The project will be cost effective (applicable for Mega, INFRA, and Rural). The Department’s determination will be based on its estimate of the project’s benefits and costs: A project is determined to be cost effective if the Department estimates that the project’s benefits will or are likely to exceed its costs. 3. The project will contribute to the accomplishment of one or more of the goals described in 23 U.S.C. 150 (applicable for INFRA and Rural). A project meets this requirement if the Project Outcome Analysis documents benefits related to one of the following: National Goals.—It is in the interest of the United States to focus the Federal-aid highway program on the following national goals: (1) Safety.—To achieve a significant reduction in traffic fatalities and serious injuries on all public roads. (2) Infrastructure condition.—To maintain the highway infrastructure asset system in a state of good repair. (3) Congestion reduction.—To achieve a significant reduction in congestion on the National Highway System. (4) System reliability.—To improve the efficiency of the surface transportation system. (5) Freight movement and economic vitality.—To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development. (6) Environmental sustainability.—To enhance the performance of the transportation system while protecting and enhancing the natural environment. (7) Reduced project delivery delays.—To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices. VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 4. The project is based on the results of preliminary engineering (applicable for INFRA and Rural). A project meets this requirement if the application provides evidence that at least one of the following activities has been completed at the time of application submission: Environmental assessments, topographic surveys, metes and bounds surveys, geotechnical investigations, hydrologic analysis, hydraulic analysis, utility engineering, traffic studies, financial plans, revenue estimates, hazardous materials assessments, general estimates of the types and quantities of materials, or other work needed to establish parameters for the final design. 5. With respect to related non-Federal financial commitments, one or more stable and dependable funding or financing sources are available to construct, maintain, and operate the project, and contingency amounts are available to cover unanticipated cost increases (applicable for Mega and INFRA). A project meets this requirement if the application demonstrates that financing sources are dedicated to the proposed project and are highly likely to be available within the proposed project schedule, and if it provides evidence of contingency funding in the project budget. 6. The project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor (applicable to INFRA) —or— The project is in significant need of Federal funding (applicable to Mega). A project meets this requirement if the application demonstrates one or more of the following: (1) The project scope would be negatively affected if MPDG or other Federal funds were not received. (2) The project schedule would be negatively affected if MPDG or other Federal funds were not received. (3) The project cost would materially increase if MPDG or other Federal funds were not received. 7. The project is reasonably expected to begin construction no later than 18 months after the date of obligation of funds for the project (applicable to INFRA and Rural). A project meets this requirement if the proposed project schedule and the evaluation of the project readiness evaluation team indicate that it is reasonably expected to begin construction not later than 18 months after obligation. 8. The applicant has, or will have, sufficient legal, financial, and technical PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 capacity to carry out the project (applicable to Mega). A project meets this requirement if the EMO team determines, based on the assessment of project readiness evaluation teams, that the applicant has sufficient legal, financial, and technical capacity to carry out the project, as described in Section E. 9. Small INFRA Projects (applicable to Small INFRA projects). For Small INFRA projects to be selected, the Department must consider the cost effectiveness of the proposed project, the effect of the proposed project on mobility in the State and region in which the project is carried out, and the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades. The Department will consider a small INFRA project’s cost effectiveness based on the results of the benefit-cost analysis submitted with the application. The Department will consider the effect of the proposed project on mobility as part of the Economic Impacts and Equity Project Outcome Areas. The Department will consider the effect on safety on freight corridors with significant hazards as part of the Climate, Safety, and Economic Impact Project Outcome areas. vi. Previous Awards The Department may consider whether the project has previously received an award from the RAISE, INFRA, or other departmental discretionary grant programs. 2. Review and Selection Process Section E addresses the statutory requirement that the Department describe the methodology that will be used to determine if projects satisfy statutory project requirements, how they will be rated according to selection criteria and considerations, and how those criteria and considerations will be used to assign an overall rating. The MPDG evaluation process consists of a Analysis Phase and Senior Review Phase. In the Analysis Phase, teams will, for each project, determine whether the project satisfies statutory requirements and rate how well it addresses the selection criteria using the rating system described in section E.1. If an applicant opts out of a specific program, then the Department will not consider whether the proposed project meets that program’s requirements. The Senior Review Team will consider the applications and the technical evaluations, assign an overall E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices rating according to the methodology described above. Once every project has been assigned an overall rating for each program, The SRT will review if the list of Highly Recommended projects under each program is sufficient to satisfy program set-asides and geographic diversity requirements. If not, ‘Recommended’ projects may be added to each program’s proposed list of Projects for Consideration until each program’s list can satisfy necessary program set asides and geographic diversity requirements. The SRT can add a Recommended project only if that project directly addresses an identified insufficiency related to the program setasides, geographic diversity requirements, or to ensure there are sufficient projects to distribute all available funds, and the SRT treats all similarly situated Recommended projects the same. For each program, the SRT will present the list of Projects for Consideration to the Secretary, either collectively or through a representative. The SRT may advise the Secretary on any project on the list of Projects for Consideration, including options for reduced awards, but the Secretary makes final project selections. The Secretary must prioritize selections from among the projects assigned a ‘‘Highly Recommended’’ Rating. The Secretary’s selections identify the applications that best address program requirements and are most worthy of funding. lotter on DSK11XQN23PROD with NOTICES1 3. Additional Information Prior to award, each selected applicant will be subject to a risk assessment as required by 2 CFR 200.206. The Department must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). An applicant may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered. The Department will consider comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants. F. Federal Award Administration Information 1. Federal Award Notices Following the evaluation outlined in Section E, the Secretary will announce VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 awarded projects by posting a list of selected projects at https:// www.transportation.gov/grants/mpdgannouncement. Following the announcement, the Department will contact the point of contact listed in the SF 424 to initiate negotiation of a project-specific agreement. 2. Administrative and National Policy Requirements i. Safety Requirements The Department will require MPDG projects to meet two general requirements related to safety. First, MPDG projects must be part of a thoughtful, data-driven approach to safety. Each State maintains a strategic highway safety plan.30 MPDG projects will be required to incorporate appropriate elements that respond to priority areas identified in that plan and are likely to yield safety benefits. Second, MPDG projects will incorporate appropriate safety-related activities that the Federal Highway Administration (FHWA) has identified as ‘‘proven safety countermeasures’’ due to their history of demonstrated effectiveness.31 After selecting MPDG recipients, the Department will work with those recipients on a project-by-project basis to determine the specific safety requirements that are appropriate for each award. ii. Program Requirements (a) Climate Change and Environmental Justice Impact Consideration Each applicant selected for MPDG grant funding must demonstrate effort to consider climate change and environmental justice impacts as described in Section A. Projects that have not sufficiently considered climate change and environmental justice in their planning, as determined by the Department, will be required to do so before receiving funds for construction, consistent with Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).32 (b) Equity and Barriers to Opportunity Each applicant selected for MPDG grant funding must demonstrate effort to improve equity and reduce barriers to opportunity as described in Section A. 30 Information on State-specific strategic highway safety plans is available at https:// safety.fhwa.dot.gov/shsp/other_resources.cfm. 31 Information on FHWA proven safety countermeasures is available at: https:// safety.fhwa.dot.gov/provencountermeasures/. 32 An illustrative example of how these requirements are applied to recipients can be found here: https://cms.buildamerica.dot.gov/ buildamerica/financing/infra-grants/infra-fy21fhwa-general-terms-and-conditions. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 17133 Projects that have not sufficiently considered equity and barriers to opportunity in their planning, as determined by the Department, will be required to do so before receiving funds for construction, consistent with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009).33 (c) Labor and Work Each applicant selected for MPDG grant funding must demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards as described in Section A. To the extent that applicants have not sufficiently considered job quality and labor rights in their planning, as determined by the Department of Labor, the applicants will be required to do so before receiving funds for construction, consistent with Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829), and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335). As expressed in section A, equal employment opportunity is an important priority. The Department wants to ensure that project sponsors have the support they need to meet requirements under E.O. 11246, Equal Employment Opportunity (30 FR 12319, and as amended). All federally assisted contractors are required to make good faith efforts to meet the goals of 6.9% of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color.34 The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations. Through the program, OFCCP offers contractors and subcontractors extensive compliance assistance, conducts compliance evaluations, and helps to build partnerships between the project sponsor, prime contractor, subcontractors, and relevant stakeholders. OFCCP will identify 33 An illustrative example of how these requirements are applied to recipients can be found here: https://cms.buildamerica.dot.gov/ buildamerica/financing/infra-grants/infra-fy21fhwa-general-terms-and-conditions. 34 https://www.dol.gov/sites/dolgov/files/ofccp/ ParticipationGoals.pdf. E:\FR\FM\25MRN1.SGM 25MRN1 17134 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices projects that receive an award under this notice and are required to participate in OFCCP’s Mega Construction Project Program from a wide range of federally assisted projects over which OFCCP has jurisdiction and that have a project cost above $35 million. DOT will require project sponsors with costs above $35 million that receive awards under this funding opportunity to partner with OFCCP, if selected by OFCCP, as a condition of their DOT award. Under that partnership, OFCCP will ask these project sponsors to make clear to prime contractors in the pre-bid phase that project sponsor’s award terms will require their participation in the Mega Construction Project Program. Additional information on how OFCCP makes their selections for participation in the Mega Construction Project Program is outlined under ‘‘Scheduling’’ on the Department of Labor website: https://www.dol.gov/agencies/ofccp/ faqs/construction-compliance. lotter on DSK11XQN23PROD with NOTICES1 (d) Critical Infrastructure Security and Resilience It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against both physical and cyber threats. Each applicant selected for MPDG grant funding must demonstrate, prior to the signing of the grant agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by the Department and the Department of Homeland Security, will be required to do so before receiving funds for construction, consistent with Presidential Policy Directive 21— Critical Infrastructure Security and Resilience and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems. iii. Other Administrative and Policy Requirements All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200, as adopted by the Department at 2 CFR part 1201. INFRA and Rural grant funds are made available under title 23 of the United States Code and generally subject to the requirements of that title. Consistent with 23 U.S.C. 117(l) and 173(o), for freight projects awarded INFRA grant VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 funds and all projects award Rural grant funds, the project will be treated as if it is located on a Federal-aid highway. The Department will also treat non-Freight projects eligible for INFRA funding under 23 U.S.C. 117(c)(l)(A)(iv–vii) as though they are federal-aid highway projects for the purposes of applying federal requirements. For projects awarded Mega grant funds, the project will be treated in relation to project’s modal nature: The requirements of title 23 shall apply to a highway, road or bridge project; the requirements of chapter 53 of title 49 of the United States Code shall apply to a transit project; the requirements of 49 U.S.C. 22905 shall apply to a rail project or component; and, the requirements of 49 U.S.C. 5333 shall apply to any public transportation component of a project. Additionally, as permitted under the requirements described above, applicable Federal laws, rules, and regulations of the relevant operating administration administering the project will apply to the projects that receive MPDG grants, including planning requirements, Stakeholder Agreements, and other requirements under the Department’s other highway, transit, rail, and port grant programs. As expressed in Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475), it is the policy of the executive branch to maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. The Mega, INFRA, and Rural programs are infrastructure programs subject to the Build America, Buy America Act (Pub. L. No 117–58, div. G §§ 70901–70927). All INFRA and Rural projects are subject to the Buy America requirement at 23 U.S.C. 313, as are Mega projects administered by the Federal Highway Administration. Mega projects administered by other OAs will be subject to the Buy America regime applicable to that OA. The Department expects all recipients to be able to complete their project without needing a waiver. However, to obtain a waiver, a recipient must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project. The applicability of Federal requirements to a project may be affected by the scope of the NEPA reviews for that project. For example, under 23 U.S.C. 313(g), Buy America requirements apply to all contracts that are eligible for assistance under title 23, United States Code, and are carried out within the scope of the NEPA finding, PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 determination, or decision regardless of the funding source of such contracts if at least one contract is funded with Title 23 funds. As another example, Americans with Disabilities Act (ADA) regulations apply to all projects funded under this Notice. Recipients of Federal transportation funding will be required to comply fully with the ADA, Title VI of the Civil Rights Act of 1964, and all other civil rights requirements. The Department’s and the applicable Operating Administrations’ Office of Civil Rights may work with awarded projects to ensure full compliance with Federal civil rights requirements. In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, nondiscrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If the Department determines that a recipient has failed to comply with applicable Federal requirements, the Department may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds. MPDG projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards and Federal Motor Vehicle Safety Regulations, or vehicles that are exempt from Federal Motor Carrier Safety Standards or Federal Motor Carrier Safety Regulations in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles. 3. Reporting i. Progress Reporting on Grant Activity Each applicant selected for an MPDG opportunity grant must submit the Federal Financial Report (SF–425) on the financial condition of the project and the project’s progress, as well as an Annual Budget Review and Program Plan to monitor the use of Federal funds and ensure accountability and financial E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices transparency in the MPDG opportunity. In addition, Mega grant recipients will be required to submit a data collection baseline and a Project Outcomes report, as described in Section C.5.i.(c). lotter on DSK11XQN23PROD with NOTICES1 ii. Reporting of Matters Related to Integrity and Performance If the total value of a selected applicant’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111–212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. iii. Program Evaluation As a condition of grant award, grant recipients may be required to participate in an evaluation undertaken by DOT or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/ or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. We may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) Make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff. Recipients and subrecipients are also encouraged to incorporate program evaluation including associated data collection activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Public Law 115– 435 (2019) urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means ‘‘an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.’’ Evidence Act § 101 (codified at 5 U.S.C. 311). Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A–11, Part 6 Section 290). For grant recipients receiving an award, evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation. (2 CFR part 200). G. Federal Awarding Agency Contacts For further information concerning this notice, please contact the Office of the Secretary via email at MPDGrants@ dot.gov. In addition, up to the application deadline, the Department will post answers to common questions and requests for clarifications on the Department’s website at https:// www.transportation.gov/grants/mpdgfrequently-asked-questions. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact the Department directly, rather than through intermediaries or third parties, with questions. Department staff may also conduct briefings on the MPDG Transportation grant selection and award process upon request. H. Other Information 1. Protection of Confidential Business Information All information submitted as part of, or in support of, any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the application includes information the applicant considers to be a trade secret or confidential commercial or financial information, the applicant should do the following: (1) Note on the front cover that the submission ‘‘Contains PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 17135 Confidential Business Information (CBI)’’; (2) mark each affected page ‘‘CBI’’; and (3) highlight or otherwise denote the CBI portions. The Department protects such information from disclosure to the extent allowed under applicable law. In the event the Department receives a Freedom of Information Act (FOIA) request for the information, the Department will follow the procedures described in its FOIA regulations at 49 CFR 7.17. Only information that is ultimately determined to be confidential under that procedure will be exempt from disclosure under FOIA. 2. Publication of Application Information Following the completion of the selection process and announcement of awards, the Department intends to publish a list of all applications received along with the names of the applicant organizations and funding amounts. Except for the information properly marked as described in Section H, the Department may make application narratives publicly available or share application information within the Department or with other Federal agencies if the Department determines that sharing is relevant to the respective program’s objectives. As required by statute the Department will also publish the overall rating for each project seeking Mega Project funds. 3. Department Feedback on Applications The Department strives to provide as much information as possible to assist applicants with the application process. The Department will not review applications in advance, but Department staff are available for technical questions and assistance. To efficiently use Department resources, the Department will prioritize interactions with applicants who have not already received a debrief on their FY 2021 INFRA application. Program staff will address questions to MPDGrants@ dot.gov throughout the application period. 4. Prohibition on Use of Funds To Support or Oppose Union Organizing MPDG funds may not be used to support or oppose union organizing, whether directly or as an offset for other funds. 5. MPDG Extra, Eligibility and Designation The MPDG Extra initiative is aimed at encouraging sponsors with competitive projects that do not receive an MPDG E:\FR\FM\25MRN1.SGM 25MRN1 17136 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices award to consider applying for TIFIA credit assistance. Projects for which a MPDG application receives a Highly Recommended rating, as described in Section E, but that are not awarded, are automatically designated MPDG Extra Projects, unless the Department determines that they are not reasonably likely to satisfy the TIFIA project type (23 U.S.C. 601(a)(12)) and project size (23 U.S.C. 602(a)(5)) eligibilities. This designation provides the sponsors of these projects the opportunity to apply for TIFIA credit assistance for up to 49% of eligible project costs. Under current policy, TIFIA credit assistance is limited to 33% of eligible project costs unless the applicant provides strong rationale for requiring additional assistance. Projects designated as MPDG Extra Projects will be announced by the Secretary after MPDG award announcements are made. For further information about the TIFIA program in general, including details about the types of credit assistance available, eligibility requirements and the creditworthiness review process, please refer to the Build America Bureau Credit Programs Guide, available on the Build America Bureau website: https://www.transportation.gov /buildamerica/financing/programguide. Disclaimer: A MPDG Extra Project designation does not guarantee that an applicant will receive TIFIA credit assistance, nor does it guarantee that any award of TIFIA credit assistance will be equal to 49% of eligible project costs. Receipt of TIFIA credit assistance is contingent on the applicant’s ability to satisfy applicable creditworthiness standards and other Federal requirements. Issued in Washington, DC, on March 22, 2022. Peter Paul Montgomery Buttigieg, Secretary of Transportation. [FR Doc. 2022–06350 Filed 3–24–22; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics lotter on DSK11XQN23PROD with NOTICES1 [Docket ID Number: DOT–OST–2014–0031] Agency Information Collection; Activity Under OMB Review; Preservation of Records Office of the Assistant Secretary for Research and Technology (OST–R), Bureau of Transportation Statistics (BTS), Department of Transportation (DOT). AGENCY: VerDate Sep<11>2014 16:50 Mar 24, 2022 Jkt 256001 ACTION: Electronic Access Notice. In compliance with the Paperwork Reduction Act of 1995, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of BTS requiring certificated air carriers to preserve accounting records, consumer complaint letters, reservation reports and records, system reports of aircraft movements, etc. Also, public charter operators and overseas military personnel charter operators are required to retain certain contracts, invoices, receipts, bank records and reservation records. DATES: Written comments should be submitted by May 24, 2022. ADDRESSES: You may submit comments identified by DOT Docket ID Number DOT–OST–2014–0031 OMB Approval No. 2138–0006 by any of the following methods: Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Services: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Fax: 202–366–3383. Instructions: Identify docket number, DOT–OST–2014–0031, at the beginning of your comments, and send two copies. To receive confirmation that DOT received your comments, include a selfaddressed stamped postcard. Internet users may access all comments received by DOT at https://www.regulations.gov. All comments are posted electronically without charge or edits, including any personal information provided. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets. SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 You may access comments received for this notice at https:// www.regulations.gov, by searching docket DOT–OST–2014–0031. FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline Information, RTS–42, Room E34, OST–R, BTS, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, Telephone Number (202) 366–4406, Fax Number (202) 366–3383 or EMAIL jeff.gorham@dot.gov. SUPPLEMENTARY INFORMATION: OMB Approval No.: 2138–0006. Title: Preservation of Air Carrier Records—14 CFR part 249. Form No.: None. Type of Review: Reinstatement of an expired recordkeeping requirement. Respondents: Certificated air carriers and charter operators. Number of Respondents: 89 certificated air carriers, 280 charter operators. Estimated Time per Response: 3 hours per certificated air carrier, 1 hour per charter operator. Total Annual Burden: 547 hours. Needs and Uses: Part 249 requires the retention of records such as: General and subsidiary ledgers, journals and journal vouchers, voucher distribution registers, accounts receivable and payable journals and ledgers, subsidy records documenting underlying financial and statistical reports to DOT, funds reports, consumer records, sales reports, auditors’ and flight coupons, air waybills, etc. Depending on the nature of the document, the carrier may be required to retain the document for a period of 30 days to three years. Public charter operators and overseas military personnel charter operators must retain documents which evidence or reflect deposits made by each charter participant and commissions received by, paid to, or deducted by travel agents, and all statements, invoices, bills and receipts from suppliers or furnishers of goods and services in connection with the tour or charter. These records are retained for six months after completion of the charter program. Not only is it imperative that carriers and charter operators retain source documentation, but it is critical that DOT has access to these records. Given DOT’s established information needs for such reports, the underlying support documentation must be retained for a reasonable period of time. Absent the retention requirements, the support for such reports may or may not exist for audit/validation purposes and the relevance and usefulness of the carrier submissions would be impaired, since E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17108-17136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06350]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Notice of Funding Opportunity for the Department of 
Transportation's Multimodal Project Discretionary Grant Opportunity

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

ACTION: Notice of Funding Opportunity (NOFO).

-----------------------------------------------------------------------

    Multimodal Project Discretionary Grant Opportunity (MPDG)
SUMMARY: The purpose of this notice is to solicit applications for 
three funding opportunities: The National Infrastructure Project 
Assistance grants program (Mega), the Nationally Significant Multimodal 
Freight and Highways Projects grants program (INFRA), and the Rural 
Surface Transportation Grant program (Rural). While applicants can 
choose to apply for only one grant program, this combined solicitation 
will allow applicants to apply for two, or all three of these funding 
opportunities by submitting only one application. It also aims to 
better enable the Department to proactively assist project sponsors in 
matching projects with the most appropriate grant program(s) and 
facilitate individual projects in potentially receiving funding from 
multiple grant programs. Funds for the INFRA, Mega, and Rural funding 
opportunities will be awarded on a competitive basis for surface 
transportation infrastructure projects--including highway and bridge, 
intercity passenger rail, railway-highway grade crossing or separation, 
wildlife crossing, public transportation, marine highway, and freight 
projects, or groups of such projects--with significant national or 
regional impact, or to improve and expand the surface transportation 
infrastructure in rural areas.

DATES: Applications must be submitted by 11:59 p.m. EDT on May 23, 
2022. The Grants.gov ``Apply'' function will open by March 25, 2022.

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

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, please contact the Office of the Secretary via email at 
[email protected], or call Paul Baumer at (202) 366-1092. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, up to the application deadline, the U.S. Department 
of Transportation (Department) will post answers to common questions 
and requests for clarifications on the Department's website at https://www.transportation.gov/grants/mpdg-frequently-asked-questions.

SUPPLEMENTARY INFORMATION: The organization of this notice is based on 
an outline set forth in Appendix I to title 2 of the Code of Federal 
Regulations (CFR) part 200 to ensure consistency across Federal 
financial assistance programs. However, that format is designed for 
locating specific information, not for linear reading. For readers 
seeking to familiarize themselves with how the Multimodal Project 
Discretionary Grant (MPDG) combined application process will work, the 
Department recommends starting with Section A (Program Description), 
which describes the Department's goals for the MPDG common application 
and purpose in making awards, and Section E (Application Review 
Information), which describes how the Department will select among 
eligible applications for each of the three funding opportunities. 
Those two sections will provide appropriate context for the remainder 
of the notice: Section B (Federal Award Information) describes 
information about the size and nature of awards; Section C (Eligibility 
Information) describes eligibility requirements for applicants and 
projects; Section D (Application and Submission Information) describes 
in detail how to apply for an award; Section F (Federal Award 
Administration Information) describes legal requirements that will 
accompany awards; and Sections G (Federal

[[Page 17109]]

Awarding Agency Contacts) and H (Other Information) provide additional 
administrative information.

Table of Contents

A. Program Description
    1. Overview
    2. Changes From the FY 2021 INFRA NOFO
    3. Additional Information
B. Federal Award Information
    1. Amount Available
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
    3. Eligible Projects
    4. Eligible Project Costs
    5. Project Requirements
    6. Definition of Rural and Urban Areas
    7. Areas of Persistent Poverty and Historically Disadvantaged 
Communities
    8. Project Components
    9. Network of Projects
    10. Application Limit
D. Application and Submission Information
    1. Address
    2. Content and Form of Application
    3. Unique Entity Identifier and System for Award Management 
(SAM)
    4. Submission Dates and Timelines
    5. Funding Restrictions
    6. Other Submission Requirements
E. Application Review Information
    1. Criteria
    i. Overall Application Rating
    ii. Project Outcome Criteria
    iii. Benefit-Cost Analysis Rating
    iv. Project Readiness Rating
    v. Additional Considerations
    vi. Previous Awards
    2. Review and Selection Process
    3. Additional Information
F. Federal Award Administration Information
    1. Federal Award Notices
    2. Administrative and National Policy Requirements
    3. Reporting
G. Federal Awarding Agency Contacts
H. Other Information
    1. Protection of Confidential Business Information
    2. Publication of Application Information
    3. Department Feedback on Applications
    4. MPDG Extra, Eligibility, and Designation

A. Program Description

1. Overview

    The Multimodal Project Discretionary Grant common application 
(MPDG) provides Federal financial assistance to highway and bridge, 
intercity passenger rail, railway-highway grade and separation, 
wildlife crossing, public transportation, marine highway, and freight 
and multimodal projects, or groups of such projects, of national or 
regional significance, as well as to projects to improve and expand the 
surface transportation infrastructure in rural areas. Infrastructure 
Investment and Jobs Act (Pub. L. 117-58, November 15, 2021) (Bipartisan 
Infrastructure Law, or BIL) provided funds to the Department across 
three programs to invest in projects of national or regional 
significance--the National Infrastructure Project Assistance grants 
program, found under 49 U.S.C. 6701 (Mega), the Nationally Significant 
Multimodal Freight and Highways Projects grants program, found at 23 
U.S.C. 117 (Infrastructure for Rebuilding America or INFRA), and the 
Rural Surface Transportation Grant program, found at 23 U.S.C. 173 
(Rural). To help streamline the process for applicants, the Department 
has combined the applications for the Mega, INFRA, and Rural programs 
into the MPDG common application. Applicants may choose to apply to 
one, two, or all three of these grant programs.) The Fiscal Year (FY) 
2022 MPDG awards will be made for each of the three grant programs as 
appropriate and consistent with each grant program's statutory 
language. The FY 2022 MPDG round will be implemented, as appropriate 
and consistent with law, in alignment with the priorities in Executive 
Order 14052, Implementation of the Infrastructure Investment and Jobs 
Act (86 FR 64355),\1\ and will focus on supporting projects that 
improve safety, economic strength and global competitiveness, equity, 
and climate and sustainability consistent with the Department's 
strategic goals.
---------------------------------------------------------------------------

    \1\ The priorities of Executive Order 14052, Implementation of 
the Infrastructure Investments and Jobs Act are: To invest 
efficiently and equitably, promote the competitiveness of the U.S. 
economy, improve job opportunities by focusing on high labor 
standards and equal employment opportunity, strengthen 
infrastructure resilience to all hazards including climate change, 
and to effectively coordinate with State, local, Tribal, and 
territorial government partners.
---------------------------------------------------------------------------

    Applicants are encouraged to apply for multiple programs, to 
maximize their potential of receiving Federal support. Applicants for 
the MPDG will be considered across all three programs unless they opt 
out. To support applicants through the application process, the 
Department will provide technical assistance and resources.\2\
---------------------------------------------------------------------------

    \2\ For Technical Assistance for projects in rural areas, visit 
https://www.transportation.gov/rural.
---------------------------------------------------------------------------

    The Department seeks to fund projects under the MPDG common 
application that reduce greenhouse gas emissions and are designed with 
specific elements to address climate change impacts. Section E provides 
more information on the specific measures a project may undertake to 
support these goals.
    The Department also seeks to award projects under the MPDG common 
application that address environmental justice, particularly for 
communities (including rural communities) that may disproportionately 
experience consequences from climate change and other pollutants. 
Environmental justice, as defined by the Environmental Protection 
Agency, is the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income, with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies. As part of the Department's implementation 
of Executive Order 14008, Tackling the Climate Crisis at Home and 
Abroad (86 FR 7619), the Department seeks to fund projects that, to the 
extent possible, target at least 40 percent of resources and benefits 
towards low-income communities, disadvantaged communities, communities 
underserved by affordable transportation, or overburdened communities. 
Projects that have not sufficiently considered climate change and 
environmental justice in their planning, as determined by the 
Department, will be required to do so before receiving funds for 
construction. See Section F.2 of this Notice of Funding Opportunity 
(NOFO) for program requirements.
    The Department also seeks to award projects under the MPDG common 
application that proactively address equity and barriers to 
opportunity, including automobile dependence as a form of barrier, or 
redress prior inequities and barriers to opportunity. Section E 
describes equity considerations that an applicant can undertake and the 
Department will consider during the review of applications. Projects 
that have not sufficiently considered equity and barriers to 
opportunity in their planning, as determined by the Department, will be 
required to do so before receiving funds for construction. All projects 
must comply with Federal civil rights requirements. See Section F.2 of 
this NOFO for program requirements.
    In addition, the Department intends to use the MPDG opportunity to 
support the creation of good-paying jobs with the free and fair choice 
to join a union and the incorporation of strong labor standards and 
workforce programs, in particular registered apprenticeships, labor 
management partnerships and Local Hire agreements,\3\ in project 
planning stages and program delivery. Projects that incorporate such 
planning considerations are expected to support a strong economy and 
labor market. Section E describes job creation and labor considerations 
an applicant can

[[Page 17110]]

undertake and that the Department will consider during the review of 
applications. Projects that have not sufficiently considered job 
creation and labor considerations in their planning, as determined by 
the Department, will be required to do so to the full extent possible 
under the law before receiving funds for construction. See Section F.2 
of this NOFO for program requirements.
---------------------------------------------------------------------------

    \3\ Contracts awarded with geographic hiring preferences are 
eligible for assistance under most Department financial assistance 
programs.
---------------------------------------------------------------------------

    Section E of this NOFO describes the process for selecting projects 
that further these goals under each of the three grant programs. 
Section F.3 describes progress and performance reporting requirements 
for selected projects, including the relationship between that 
reporting and the program's selection criteria.
    Consistent with the Department's Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) initiative, the Department 
seeks to award funding to rural projects that address deteriorating 
conditions and disproportionately high fatality rates and 
transportation costs in rural communities.

2. Changes From the FY 2021 INFRA NOFO

    Of the three programs in the MPDG opportunity, INFRA is the only 
program that existed in FY2021, while the Rural and Mega are new 
programs created by the Bipartisan Infrastructure Law. Applicants who 
are planning to reapply using materials prepared for prior competitions 
should ensure that their FY 2022 application fully addresses the 
criteria and considerations described in this notice and that all 
relevant information is up to date.
    The FY 2022 INFRA program will be evaluated under common project 
outcome criteria (formally labeled in FY 2021 as ``merit criteria'') 
that apply to all three programs within the MPDG opportunity, as 
described in Section E. The FY 2022 MPDG opportunity's common project 
outcome criteria will not consider the Performance and Accountability 
criterion from INFRA 2021. Instead, the Department will utilize 
standard approaches to monitoring project performance and ensuring 
projects are delivered efficiently. Leverage of non-Federal funds 
contribution, or ``leverage,'' will now be assessed within the 
Innovation criterion and for the separate INFRA FY 2022 Leverage pilot 
set-aside. The Leverage pilot set-aside is described in further detail 
in Section B.2.ii.
    The BIL expanded INFRA eligibility to include wildlife crossing 
projects; marine highway corridor projects; highway, bridge, or freight 
projects carried out on the National Multimodal Freight Network; \4\ 
surface transportation projects located within or functionally 
connected to an international border crossing; and transportation 
facilities owned by a Federal, State, or local government entity.
---------------------------------------------------------------------------

    \4\ DOT has not yet designated an National Multimodal Freight 
Network. Any project relying on being on the National Multimodal 
Freight Network as their sole basis for eligibility may be 
considered higher risk.
---------------------------------------------------------------------------

3. Additional Information

    This common application process will result in grants being awarded 
under three funding programs. The Mega program is authorized at 49 
U.S.C. 6701. The INFRA program is authorized at 23 U.S.C. 117. The 
Rural program is authorized at 23 U.S.C. 173. They are described 
respectively in the Federal Assistance Listings under the assistance 
listing program titles ``National Infrastructure Project Assistance'' 
(assistance listing number 20.937), ``Nationally Significant Freight 
and Highway Projects'' (assistance listing number 20.934), and ``Rural 
Surface Transportation Grant Program'' (assistance listing number 
20.938).
    The Department is committed to considering project funding 
decisions holistically among the various discretionary grant programs 
available in BIL. The Department also recognizes that applicants may be 
seeking funding from multiple discretionary grant programs and 
opportunities. An applicant may seek the same award amounts from 
multiple Department discretionary opportunities or seek a combination 
of funding from multiple Department opportunities. The applicant should 
identify describe from any other Department programs and opportunities 
they intend to apply for (or utilize if the Federal funding is already 
available to the applicant), and what award amounts they will be 
seeking, in the appropriate sections including Sections D.2.i. and 
D.2.ii.IV.

B. Federal Award Information

1. Amount Available

    The BIL makes available up to $5 billion for the Mega program for 
the period of FY 2022 through 2026; up to $8 billion to the INFRA 
program for the period of FY 2022 through 2026; and up to $2 billion 
for the Rural program for the period of FY 2022 through 2026, for a 
combined total of up to $15 billion for FY 2022 through 2026. This 
notice solicits applications for up to $2.85 billion in FY 2022 MPDG 
opportunity funds. Up to $1 billion will be made available for the Mega 
program, up to $1.55 billion will be made available for the INFRA 
program, and up to $300 million will be made available for the Rural 
funding opportunities program. In addition to the FY 2022 funding, the 
Department may make award decisions in the MPDG FY 2022 round to fund 
Mega project awards in future fiscal years, based on a potential 
awarded project's schedule and availability of funding.\5\ In addition 
to the FY 2022 funds, amounts from prior year INFRA authorizations, 
presently estimated at up to $150 million, may be made available and 
awarded under this solicitation. Any award under this notice will be 
subject to the availability of funding. Mega, INFRA, and the Rural 
program each have their own specific funding restrictions, including 
award size and types of projects. Refer to Section D.5 for greater 
detail on funding restrictions for each program.
---------------------------------------------------------------------------

    \5\ 49 U.S.C. 6701(j) authorizes the Department to enter 
multiyear grant agreements for Mega projects. Those agreements may 
include a commitment, contingent on amounts to be specified in law 
in advance for such commitments, to provide future year funds.
---------------------------------------------------------------------------

C. Eligibility Information

    To be selected for a grant, an applicant must be an Eligible 
Applicant and the project must be an Eligible Project that meets the 
minimum project size requirement.

1. Eligible Applicants

    Each of the three funding opportunities has slightly different 
statutory rules for what kinds of applicants are eligible to apply. 
Applicants should review this section in determining for which of the 
three programs they are applying.

                                               Eligible Applicants
----------------------------------------------------------------------------------------------------------------
                   Mega                                      INFRA                              Rural
----------------------------------------------------------------------------------------------------------------
1. a State or a group of States;           1. a State or group of States;            1. a State;

[[Page 17111]]

 
2. a metropolitan planning organization;   2. a metropolitan planning organization   2. a regional
3. a unit of local government;              that serves an Urbanized Area (as         transportation planning
4. a political subdivision of a State;      defined by the Bureau of the Census)      organization;
5. a special purpose district or public     with a population of more than 200,000   3. a unit of local
 authority with a transportation            individuals;                              government;
 function, including a port authority;     3. a unit of local government or group    3. a unit of local
6. a Tribal government or a consortium of   of local governments;                     government;
 Tribal governments;                       4. a political subdivision of a State or  4. a tribal government or a
7. a partnership between Amtrak and 1 or    local government;                         consortium of tribal
 more entities described in (1) through    5. a special purpose district or public    governments; or
 (6); and,                                  authority with a transportation          5. a multijurisdictional
8. a group of entities described in any     function, including a port authority;     group of entities above.
 of (1) through (7).                       6. a Federal land management agency that
                                            applies jointly with a State or group
                                            of States;
                                           7. a tribal government or a consortium
                                            of tribal governments;
                                            8. a multistate corridor organization;
                                            or
                                           9. a multistate or multijurisdictional
                                            group of entities described in this
                                            paragraph.
----------------------------------------------------------------------------------------------------------------

i. Mega
    Eligible applicants for Mega grants are: (1) A State or a group of 
States; (2) a metropolitan planning organization; (3) a unit of local 
government; (4) a political subdivision of a State; (5) a special 
purpose district or public authority with a transportation function, 
including a port authority; (6) a Tribal government or a consortium of 
Tribal governments; (7) a partnership between Amtrak and 1 or more 
entities described in (1) through (6); and (8) a group of entities 
described in any of (1) through (7).
ii. INFRA
    Eligible applicants for INFRA grants are: (1) A State or group of 
States; (2) a metropolitan planning organization that serves an 
Urbanized Area (as defined by the Bureau of the Census) with a 
population of more than 200,000 individuals; (3) a unit of local 
government or group of local governments; (4) a political subdivision 
of a State or local government; (5) a special purpose district or 
public authority with a transportation function, including a port 
authority; (6) a Federal land management agency that applies jointly 
with a State or group of States; (7) a tribal government or a 
consortium of tribal governments; (8) a multistate corridor 
organization; or (9) a multistate or multijurisdictional group of 
entities described in this paragraph.
iii. Rural
    Eligible applicants for Rural grants are: (1) A State; (2) a 
regional transportation planning organization; (3) a unit of local 
government; (4) a tribal government or a consortium of tribal 
governments; or (5) a multijurisdictional group of entities above.
iv. Joint Applications for Any Program
    Multiple States or entities that submit a joint application should 
identify a lead applicant as the primary point of contact. Joint 
applications should include a description of the roles and 
responsibilities of each applicant and should be signed by each 
applicant. The applicant that will be responsible for financial 
administration of the project must be an eligible applicant.

2. Cost Sharing or Matching

i. Mega
    Mega grants may be used for up to 60 percent of future total 
eligible project costs. Other Federal assistance may satisfy the non-
Mega share requirement for a Mega grant, but total Federal assistance 
for a project receiving a Mega grant may not exceed 80 percent of 
future total eligible project costs.
ii. INFRA
    INFRA grants may be used for up to 60 percent of future eligible 
project costs. Other Federal assistance may satisfy the non-INFRA share 
requirement for an INFRA grant, but total Federal assistance for a 
project receiving an INFRA grant may not exceed 80 percent of future 
total eligible project costs, except that, for States with a population 
density of not more than 80 persons per square mile of land area, based 
on the 2010 census, the maximum share of the total Federal assistance 
provided for a project receiving a grant under this section shall be 
the applicable share under section 120(b) of title 23, U.S.C. The 
following chart identifies the maximum total Federal cost share for 
INFRA projects, under such section 120(b), for projects for FY 2022.

------------------------------------------------------------------------
                                                                Maximum
                                                                Federal
                                                               share for
                            State                                INFRA
                                                               projects
                                                                  (%)
------------------------------------------------------------------------
Alaska......................................................       90.97
Arizona.....................................................       90.94
California..................................................       83.57
Colorado....................................................       82.79
Hawaii......................................................       81.30
Idaho.......................................................       84.97
Montana.....................................................       82.75
Nevada......................................................       94.89
New Mexico..................................................       85.44
Oregon......................................................       84.63
South Dakota................................................       81.95
Utah........................................................       89.52
Washington..................................................       81.42
Wyoming.....................................................       86.77
------------------------------------------------------------------------

    If a Federal land management agency applies jointly with a State or 
group of States, and that agency carries out the project, then Federal 
funds that were not made available under titles 23 or 49 of the U.S.C. 
may be used for the non-Federal share.
iii. Rural
    Rural grants may be used for up to 80 percent of future eligible 
project costs, except eligible projects that further the completion of 
a designated segment of the Appalachian Development Highway System 
under section 14501 of title 40 of the U.S.C., or address a surface 
transportation infrastructure need identified for the Denali access 
system program under section 309 of the Denali Commission Act of 1998 
may apply for up to 100 percent of the project costs. Other Federal 
assistance may satisfy the non-Rural share requirement for a Rural 
grant up to 100 percent of project costs.

[[Page 17112]]

    Please note that the Rural Program has a higher statutory maximum 
Federal share than Mega and INFRA. Applications which seek funding 
above the statutory maximum share for MEGA and INFRA will only be 
eligible for an award from the Rural program.
iv. Universal Cost Sharing or Matching Guidance
    Unless otherwise authorized by statute, non-Federal cost-share may 
not be counted as non-Federal share for both the programs under MPDG 
and another Federal program. For any project under MPDG, the Department 
cannot consider previously incurred costs or previously expended or 
encumbered funds towards the matching requirement. Matching funds are 
subject to the same Federal requirements described in Section F.2.iii 
as awarded funds. See Section D.2 for information about documenting 
cost sharing in the application.
    Non-Federal sources include State funds originating from programs 
funded by State revenue, local funds originating from State or local 
revenue-funded programs, private funds, or other funding sources of 
non-Federal origin.
    For the purpose of evaluating eligibility under the statutory limit 
on total Federal assistance in the Mega and INFRA programs, funds from 
TIFIA and RRIF credit assistance programs are considered Federal 
assistance and, combined with other Federal assistance, may not exceed 
80 percent of the future eligible project costs, except as indicated 
for the INFRA program (see Section C.2.ii).

3. Eligible Projects

    Each of the three funding opportunities has different statutory 
rules for what kinds of projects are eligible for funding. Applicants 
should review this section in determining for which of the three 
programs they are applying, given the type of project being proposed. 
Projects may be eligible for funding under multiple MPDG programs and 
applicants may apply for any program for which their project is 
eligible.

                                             Eligible Project Types
----------------------------------------------------------------------------------------------------------------
                   Mega                                      INFRA                              Rural
----------------------------------------------------------------------------------------------------------------
1. A highway or bridge project on the      1. A highway freight project on the       1. A highway, bridge, or
 National Multimodal Freight Network.       National Highway Freight Network.         tunnel project eligible
2. A highway or bridge project on the      2. A highway or bridge project on the      under National Highway
 National Highway Freight Network.          National Highway System.                  Performance Program.
3. A highway or bridge project on the      3. A freight intermodal, freight rail,    2. A highway, bridge, or
 National Highway System.                   or freight project within the             tunnel project eligible
4. A freight intermodal (including public   boundaries of a public or private         under Surface
 ports) or freight rail project that        freight rail, water (including ports),    Transportation Block
 provides public benefit.                   or intermodal facility and that is a      Grant.
5. A railway highway grade separation or    surface transportation infrastructure    3. A highway, bridge, or
 elimination project.                       project necessary to facilitate direct    tunnel project eligible
6. An intercity passenger rail project.     intermodal interchange, transfer, or      under Tribal
7. A public transportation project that     access into or out of the facility.*      Transportation Program.
 is eligible under assistance under        4. A highway-railway grade crossing or    4. A highway freight
 Chapter 53 of title 49 or is a part of     grade separation project.                 project eligible under
 any of the project types described        5. A wildlife crossing project.            National Highway Freight
 above.                                    6. A surface transportation project        Program.
                                            within the boundaries or functionally    5. A highway safety
                                            connected to an international border      improvement project,
                                            crossing that improves a facility owned   including a project to
                                            by Fed/State/local government and         improve a high risk rural
                                            increases throughput efficiency.          road as defined by the
                                           7. A project for a marine highway          Highway Safety Improvement
                                            corridor that is functionally connected   Program.
                                            to the NHFN and is likely to reduce      6. A project on a publicly-
                                            road mobile source emissions.             owned highway or bridge
                                                                                      that provides or increases
                                                                                      access to an agricultural,
                                                                                      commercial, energy, or
                                                                                      intermodal facility that
                                                                                      supports the economy of a
                                                                                      rural area.
                                                                                     7. A project to develop,
                                                                                      establish, or maintain an
                                                                                      integrated mobility
                                                                                      management system, a
                                                                                      transportation demand
                                                                                      management system, or on-
                                                                                      demand mobility services.
                                           8. A highway, bridge, or freight project
                                            on the National Multimodal Freight
                                            Network.
----------------------------------------------------------------------------------------------------------------

i. Mega
    Eligible projects for Mega grants are: A highway or bridge project 
on the National Multimodal Freight Network; a highway or bridge project 
on the National Highway Freight Network; a highway or bridge project on 
the National Highway System; a freight intermodal (including public 
ports) or freight rail project that provides public benefit; a railway-
highway grade separation or elimination project; an intercity passenger 
rail project; a public transportation project that is eligible under 
assistance under Chapter 53 of title 49 U.S.C. and is a part of any of 
the project types described above; or a grouping, combination, or 
program of interrelated, connected, or dependent projects of any of the 
projects described above.
ii. INFRA
    Eligible projects for INFRA grants are: Highway freight projects 
carried out on the National Highway Freight Network (NHFN) (23 U.S.C. 
167); highway or bridge projects carried out on the National Highway 
System (NHS), including projects that add capacity on the Interstate 
System to improve mobility or projects in a national scenic area; 
railway-highway grade crossing or grade separation projects; or a 
freight project that is (1) an intermodal or rail project, or (2) 
within the boundaries of a public or private freight rail, water 
(including ports), or intermodal facility; a wildlife crossing project; 
a surface transportation project within the boundaries of, or 
functionally connected to, an international border crossing that 
improves a facility owned by a Federal, State, or local government and 
increases throughput efficiency; a project for a marine highway 
corridor that is functionally connected to NHFN and is likely to reduce 
on-road mobile source emissions; or a highway, bridge, or freight 
project on the National Multimodal Freight Network under section 70103 
of title 49 of the United States Code. To be eligible under INFRA, a 
project within the boundaries of a freight rail, water (including 
ports), or intermodal facility must be a surface transportation 
infrastructure project

[[Page 17113]]

necessary to facilitate direct intermodal interchange, transfer, or 
access into or out of the facility and must significantly improve 
freight movement on the NHFN. In this context, improving freight 
movement on the NHFN may include shifting freight transportation to 
other modes, thereby reducing congestion and bottlenecks on the NHFN. 
For a freight project within the boundaries of a freight rail, water 
(including ports), or intermodal facility, Federal funds can only 
support project elements that provide public benefits.
iii. Rural
    Eligible projects for Rural grants are: A highway, bridge, or 
tunnel project eligible under National Highway Performance Program (23 
U.S.C. 119); a highway, bridge, or tunnel project eligible under 
Surface Transportation Block Grant (23 U.S.C. 133); a highway, bridge, 
or tunnel project eligible under Tribal Transportation Program (23 
U.S.C. 202); a highway freight project eligible under National Highway 
Freight Program (23 U.S.C. 167); a highway safety improvement project, 
including a project to improve a high risk rural road as defined by the 
Highway Safety Improvement Program (23 U.S.C. 148); a project on a 
publicly-owned highway or bridge that provides or increases access to 
an agricultural, commercial, energy, or intermodal facility that 
supports the economy of a rural area; or a project to develop, 
establish, or maintain an integrated mobility management system, a 
transportation demand management system, or on-demand mobility 
services.
    An eligible entity may bundle two or more similar eligible projects 
under the Rural program if projects are included as a bundled project 
in a statewide transportation improvement program under 23 U.S.C. 135 
and will be awarded to a single contractor or consultant pursuant to a 
contract for engineering and design or construction between the 
contractor and the eligible entity.

4. Eligible Project Costs

    The table below defines eligible project costs for each program per 
the program statutes:

                                             Eligible Project Costs
----------------------------------------------------------------------------------------------------------------
                   Mega                                      INFRA                              Rural
----------------------------------------------------------------------------------------------------------------
Development-phase activities and costs,    Development phase activities, including   Development phase
 including planning, feasibility            planning, feasibility analysis, revenue   activities, including
 analysis, revenue forecasting,             forecasting, environmental review,        planning, feasibility
 alternatives analysis, data collection     preliminary engineering, design, and      analysis, revenue
 and analysis, environmental review and     other preconstruction activities,         forecasting, environmental
 activities to support environmental        provided the project meets statutory      review, preliminary
 review, preliminary engineering and        requirements.                             engineering and design
 design work, and other preconstruction    Construction, reconstruction,              work, and other
 activities, including the preparation of   rehabilitation, or acquisition of         preconstruction
 a data collection and post-construction    property (including land related to the   activities; and,
 analysis plan; and,                        project and improvements to the land),   Construction,
Construction, reconstruction,               environmental mitigation (including a     reconstruction,
 rehabilitation, acquisition of real        project to replace or rehabilitate a      rehabilitation,
 property (including land relating to the   culvert, or to reduce stormwater runoff   acquisition of real
 project and improvements to that land),    for the purpose of improving habitat      property (including land
 environmental mitigation (including        for aquatic species), construction        related to the project and
 projects to replace or rehabilitate        contingencies, equipment acquisition,     improvements to the land),
 culverts or reduce stormwater runoff for   and operational improvements directly     environmental mitigation,
 the purpose of improving habitat for       related to system performance.            construction
 aquatic species), construction            INFRA grant recipients may use INFRA       contingencies, acquisition
 contingencies, acquisition of equipment,   funds to pay for the subsidy and          of equipment, and
 protection, and operational improvements   administrative costs necessary to         operational improvements.
 directly relating to the project.          receive TIFIA credit assistance.
----------------------------------------------------------------------------------------------------------------

v. Mega
    Mega grants may be used for development-phase activities and costs, 
including planning, feasibility analysis, revenue forecasting, 
alternatives analysis, data collection and analysis, environmental 
review and activities to support environmental review, preliminary 
engineering and design work, and other preconstruction activities, 
including the preparation of a data collection and post-construction 
analysis plan; and construction, reconstruction, rehabilitation, 
acquisition of real property (including land relating to the project 
and improvements to that land), environmental mitigation (including 
projects to replace or rehabilitate culverts or reduce stormwater 
runoff for the purpose of improving habitat for aquatic species), 
construction contingencies, acquisition of equipment, protection, and 
operational improvements directly relating to the project.
vi. INFRA
    INFRA grants may be used for the construction, reconstruction, 
rehabilitation, or acquisition of property (including land related to 
the project and improvements to the land), environmental mitigation 
(including a project to replace or rehabilitate a culvert, or to reduce 
stormwater runoff for the purpose of improving habitat for aquatic 
species), construction contingencies, equipment acquisition, and 
operational improvements directly related to system performance. 
Statutorily, INFRA grants may also fund development phase activities, 
including planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering, design, and other 
preconstruction activities, provided the project meets statutory 
requirements. However, the Department is seeking to prioritize INFRA 
funding for projects that result in construction; as a result, 
development phase activities may be less competitive under INFRA by 
nature of the evaluation structure described in Section E. Public-
private partnership assessments for projects in the development phase 
are also eligible costs.
    INFRA grant recipients may use INFRA funds to pay for the subsidy 
and administrative costs necessary to receive TIFIA credit assistance.
vii. Rural
    Rural grants may be used for development phase activities, 
including planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and design

[[Page 17114]]

work, and other preconstruction activities; and construction, 
reconstruction, rehabilitation, acquisition of real property (including 
land related to the project and improvements to the land), 
environmental mitigation, construction contingencies, acquisition of 
equipment, and operational improvements.

5. Project Requirements for Each Funding Opportunity

    Applicants only need to address the requirements for the program or 
programs from which they are requesting funding in in their 
application.
i. Mega
    For the purposes of determining whether a project meets the minimum 
project size requirement, the Department will count all future eligible 
project costs under the award and some related costs incurred before 
selection for a Mega grant. Previously incurred costs will be counted 
toward the minimum project size requirement only if they were eligible 
project costs under Section C.4.i and were expended as part of the 
project for which the applicant seeks funds. Although those previously 
incurred costs may be used for meeting the minimum project size 
thresholds described in this Section, they cannot be reimbursed with 
Mega grant funds, nor will they count toward the project's required 
non-Federal share.
(a) Mega Project Sizes
    The Department will make awards under the Mega program both to 
projects greater than $500 million in cost, and to projects greater 
than $100 million but less than $500 million in cost. For each fiscal 
year of Mega funds, 50 percent of available funds are reserved for 
projects greater than $500 million in cost, and 50 percent to projects 
between $100 million and $500 million in cost.
(b) Mega Project Requirements
    For a Mega project to be selected, the Department must determine 
that the project meets all five requirements described in 49 U.S.C. 
6701(f)(1) and below and further described in Section E.1.b.v and 
Section D.2.b.vii. If your project consists of multiple components with 
independent utility, the Department must determine that each component 
meets each requirement to select it for an award. See Section 
D.2.ii.VIII.
    Mega Project Requirement #1: The project is likely to generate 
national or regional economic, mobility, or safety benefits.
    Mega Project Requirement #2: The project is in significant need of 
Federal funding.
    Mega Project Requirement #3: The project will be cost-effective.
    Mega Project Requirement #4: With respect to related non-Federal 
financial commitments, one or more stable and dependable funding or 
financing sources are available to construct, maintain, and operate the 
project, and to cover cost increases.
    Mega Project Requirement #5: The applicant has, or will have, 
sufficient legal, financial, and technical capacity to carry out the 
project.
(c) Mega Data Collection Requirements
    In accordance with 49 U.S.C. 6701(g), an applicant wishing to 
submit a project to be considered for a Mega grant award will be 
required to submit, as an attachment to their application, a plan for 
the collection and analysis of data to identify the impacts of the 
project and the accuracy of any forecast prepared during the 
development phase of the project and included in the grant application. 
The contents of the plan shall include an approach to measuring 
proposed project outcome criteria as described in Section E and an 
approach for analyzing the consistency of predicted project 
characteristics with actual outcomes.
    Each applicant selected for Mega grant funding must collect and 
report to the Department information on the project's performance based 
on performance indicators related to program goals (e.g., travel time 
savings, greenhouse gas emissions, passenger counts, or level of 
service) among other information. Performance indicators should include 
measurable goals or targets that Department will use internally to 
determine whether the project meets program goals and grant funds 
achieve the intended long-term outcomes of the Mega Grant Program. To 
the extent possible, performance indicators used in the reporting 
should align with the measures included in the application and should 
relate to at least one of the selection criteria defined in Section 
E.\6\ Before the start of construction of the Mega project, the project 
sponsor must submit a report providing baseline data for the purpose of 
analyzing the long-term impact of the project. Not later than six (6) 
years after the date of substantial completion of a project, the 
eligible entity carrying out the project shall submit a project 
outcomes report that compares the baseline data to quarterly project 
data for the duration of the fifth year of the project after 
substantial completion.
---------------------------------------------------------------------------

    \6\ The Department may in the future publish a more detailed 
framework for performance measure data collection that will: 
Indicate standardized measurement approaches; data storage system 
requirements; and any other requirements the Secretary determines to 
be necessary.
---------------------------------------------------------------------------

ii. INFRA
    For the purposes of determining whether a project meets the minimum 
project size requirement, the Department will count all future eligible 
project costs under the award and some related costs incurred before 
selection for an INFRA grant. Previously incurred costs will be counted 
toward the minimum project size requirement only if they were eligible 
project costs under Section C.3.ii. and were expended as part of the 
project for which the applicant seeks funds. Although those previously 
incurred costs may be used for meeting the minimum project size 
thresholds described in this Section, they cannot be reimbursed with 
INFRA grant funds, nor will they count toward the project's required 
non-Federal share.
    For the INFRA Leverage Pilot, at least 50 percent of the project's 
future eligible project costs must be funded by non-Federal 
contributions.
(a) Large Projects
    The minimum project size for large projects is the lesser of (1) 
$100 million; (2) 30 percent of a State's FY 2021 Federal-aid 
apportionment if the project is located in one State; or (3) 50 percent 
of the larger participating State's FY 2021 apportionment for projects 
located in more than one State. The following chart identifies the 
minimum total project cost, rounded up to the nearest million, for 
projects for FY 2022 for both single and multi-State projects.

------------------------------------------------------------------------
                                            FY 22 INFRA     FY 22 INFRA
                                           (30% of FY 21   (50% of FY 21
                                          apportionment)  apportionment)
                  State                      one-state      multi-state
                                              minimum        minimum *
                                            (millions)      (millions)
------------------------------------------------------------------------
Alabama.................................            $100            $100
Alaska..................................             100             100
Arizona.................................             100             100
Arkansas................................             100             100
California..............................             100             100
Colorado................................             100             100
Connecticut.............................             100             100
Delaware................................              56              93
Dist. Of Col............................              52              87
Florida.................................             100             100
Georgia.................................             100             100
Hawaii..................................              56              93
Idaho...................................              94             100
Illinois................................             100             100
Indiana.................................             100             100
Iowa....................................             100             100
Kansas..................................             100             100
Kentucky................................             100             100
Louisiana...............................             100             100
Maine...................................              61             100
Maryland................................             100             100
Massachusetts...........................             100             100
Michigan................................             100             100
Minnesota...............................             100             100

[[Page 17115]]

 
Mississippi.............................             100             100
Missouri................................             100             100
Montana.................................             100             100
Nebraska................................              95             100
Nevada..................................             100             100
New Hampshire...........................              54              90
New Jersey..............................             100             100
New Mexico..............................             100             100
New York................................             100             100
North Carolina..........................             100             100
North Dakota............................              82             100
Ohio....................................             100             100
Oklahoma................................             100             100
Oregon..................................             100             100
Pennsylvania............................             100             100
Rhode Island............................              72             100
South Carolina..........................             100             100
South Dakota............................              93             100
Tennessee...............................             100             100
Texas...................................             100             100
Utah....................................             100             100
Vermont.................................              67             100
Virginia................................             100             100
Washington..............................             100             100
West Virginia...........................             100             100
Wisconsin...............................             100             100
Wyoming.................................              84             100
------------------------------------------------------------------------
* For multi-State projects, the minimum project size is the largest of
  the multi-State minimums from the participating States.

(b) Small Projects
    A small project is an eligible project that does not meet the 
minimum project size described in Section C.5.ii.
(c) Large/Small Project Requirements
    For a large project to be selected, the Department must determine 
that the project meets seven requirements described in 23 U.S.C. 117(g) 
and below and further described in Section E.1.v.b. and Section 
D.2.b.vii. If your project consists of multiple components with 
independent utility, the Department must determine that each component 
meets each requirement to select it for an award. See Section E.1.v.b.:
    Large Project Requirement #1: The project will generate national or 
regional economic, mobility, or safety benefits.
    Large Project Requirement #2: The project will be cost-effective.
    Large Project Requirement #3: The project will contribute to the 
accomplishment of one or more of the goals described in 23 U.S.C. 150.
    Large Project Requirement #4: The project is based on the results 
of preliminary engineering.
    Large Project Requirement #5: With respect to related non-Federal 
financial commitments, one or more stable and dependable funding or 
financing sources are available to construct, maintain, and operate the 
project, and contingency amounts are available to cover unanticipated 
cost increases.
    Large Project Requirement #6: The project cannot be easily and 
efficiently completed without other Federal funding or financial 
assistance available to the project sponsor.
    Large Project Requirement #7: The project is reasonably expected to 
begin construction no later than 18 months after the date of obligation 
of funds for the project.
    For a small project to be selected, the Department must consider 
the cost-effectiveness of the proposed project, the effect of the 
proposed project on mobility in the State and region in which the 
project is carried out, and the effect of the proposed project on 
safety on freight corridors with significant hazards, such as high 
winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, 
wildlife crossing onto the roadway, or steep grades.
iii. Rural
    For a Rural project to be selected, the Department must determine 
that the project meets five requirements described in 23 U.S.C. 173(g) 
and below and further described in Section E.1.v.b and Section 
D.2.b.vii. If your project consists of multiple components with 
independent utility, the Department must determine that each component 
meets each requirement, to select it for an award. See Section 
D.2.VIII.
    Rural Project Requirement #1: Will generate regional economic, 
mobility, or safety benefits.
    Rural Project Requirement #2: The project will be cost-effective.
    Rural Project Requirement #3: The project will contribute to the 
accomplishment of 1 or more of the national goals under 23 U.S.C. 150.
    Rural Project Requirement #4: The project is based on the results 
of preliminary engineering.
    Rural Project Requirement #5: The project is reasonably expected to 
begin construction not later than 18 months after the date of 
obligation of funds for the project.

6. Definition of Rural and Urban Areas

    This section describes the definition of urban and rural areas and 
the minimum statutory requirements for projects that meet those 
definitions. The INFRA and Rural program statutes define a rural area 
as an area outside an Urbanized Area \7\ with a population of over 
200,000. In this notice, urban area is defined as inside an Urbanized 
Area, as designated by the U.S. Census Bureau, with a population of 
200,000 or more.\8\ Rural and urban definitions differ in some other 
Department programs, including TIFIA. Cost share requirements and 
minimum grant awards are the same for projects located in rural and 
urban areas. The Department will consider a project to be in a rural 
area if the majority of the project (determined by geographic 
location(s) where the majority of the money is to be spent) is located 
in a rural area. However, if a project consists of multiple components, 
as described under section C.8 or C.9, then for each separate component 
the Department will determine whether that component is rural or urban. 
In some circumstances, including networks of projects under section C.9 
that cover wide geographic regions, this component-by-component 
determination may result in awards that include urban and rural funds.
---------------------------------------------------------------------------

    \7\ For Census 2010, the Census Bureau defined an Urbanized Area 
(UA) as an area that consists of densely settled territory that 
contains 50,000 or more people. Updated lists of UAs are available 
on the Census Bureau website at https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the INFRA program, 
Urbanized Areas with populations fewer than 200,000 will be 
considered rural.
    \8\ See www.transportation.gov/buildamerica/INFRAgrants for a 
list of Urbanized Areas with a population of 200,000 or more.
---------------------------------------------------------------------------

7. Areas of Persistent Poverty and Historically Disadvantaged 
Communities

    BIL specifies that the Secretary consider, as an additional 
consideration for the Mega program, whether a project may benefit an 
Area of Persistent Poverty or a Historically Disadvantaged Community.
    In this context, an Area of Persistent Poverty means: (1) Any 
county that has consistently had greater than or equal to 20 percent of 
the population living in poverty during the 30-year period preceding 
November 15, 2021, as measured by the 1990 and 2000 decennial census 
and the most recent annual Small Area Income Poverty Estimates as 
estimated by the Bureau of the Census; (2) any census tract with a 
poverty rate of at least 20 percent as measured by the 2014-2018 5-year 
data series available from the American Community Survey of the Bureau 
of the Census; or (3) any territory or possession of the United States. 
A county satisfies this definition only if 20 percent of its population 
was living in poverty in all three of the listed datasets: (1) The 1990 
decennial census; (2) the 2000 decennial census; and (3) the 2020 Small 
Area Income Poverty Estimates. The Department lists all counties and 
census tracts that meet this definition for Areas of Persistent Poverty 
at https://datahub.transportation.gov/stories/s/tsyd-k6ij.
    Historically Disadvantaged Communities--The Department has

[[Page 17116]]

been developing a definition of Historically Disadvantaged Communities 
as part of its implementation of the Justice40 Initiative and will use 
that definition for the purpose of this NOFO. Consistent with the 
Office of Management and Budget's (OMB) Interim Guidance for the 
Justice40 Initiative, Historically Disadvantaged Communities include 
(1) certain qualifying census tracts, (2) any Tribal land, or (3) any 
territory or possession of the United States. The Department is 
providing a list of census tracts that meet the definition of 
Historically Disadvantaged Communities, as well as a mapping tool to 
assist applicants in identifying whether a project is located in a 
Historically Disadvantaged Community, available at https://datahub.transportation.gov/stories/s/tsyd-k6ij.

8. Project Components

    An application may describe a project that contains more than one 
component. The Department may award funds for a component, instead of 
the larger project, if that component (1) independently meets minimum 
award amounts described in Section B and all eligibility requirements 
described in Section C, including the project requirements of the 
program(s) being applied for described in Sections C and D.2; (2) 
independently aligns well with the selection criteria specified in 
Section E; and (3) meets National Environmental Policy Act (NEPA) 
requirements with respect to independent utility. In this context, 
independent utility means that the component will represent a 
transportation improvement that is usable and represents a reasonable 
expenditure of the Department funds even if no other improvements are 
made in the area, and will be ready for intended use upon completion of 
that component's construction. If an application describes multiple 
components, the application should demonstrate how the components 
collectively advance the purposes of the funding program or programs 
for which the applicant is applying. An applicant should not add 
multiple components to a single application merely to aggregate costs 
or to avoid submitting multiple applications.
    Applicants should be aware that, depending upon applicable Federal 
law and the relationship among project components, an award funding 
only some project components may make other project components subject 
to Federal requirements as described in Section F.2.ii. For example, 
under 40 CFR 1509(e), the NEPA review for the funded project component 
may need to include evaluation of all project components as connected, 
similar, or cumulative actions.
    The Department strongly encourages applicants to identify in their 
applications the project components that meet the independent utility 
definition above and separately detail the costs and program funding 
(Mega, INFRA, and/or Rural) requested for each component. If the 
application identifies one or more independent project components, the 
application should clearly identify how each independent component 
addresses selection criteria and produces benefits on its own, in 
addition to describing how the full proposal of which the independent 
component is a part addresses selection criteria.

9. Network of Projects

    An application may describe and request funding for a network of 
projects. A network of projects is a single grant award that funds 
multiple projects addressing the same transportation problem. For 
example, if an applicant seeks to improve efficiency along a rail 
corridor, then their application might propose one award for four grade 
separation projects at four different railway-highway crossings. Each 
of the four projects would independently increase rail safety and 
reduce roadway congestion but the overall benefits would be greater if 
the projects were completed together under a single award.
    The Department will evaluate applications that describe networks of 
projects similar to how it evaluates projects with multiple components. 
Because of their similarities, the guidance in Section C.8. is 
applicable to networks of projects, and applicants should follow that 
guidance on how to present information in their application. As with 
project components, depending upon applicable Federal law and the 
relationship among projects within a network of projects, an award that 
funds only some projects in a network may make other projects subject 
to Federal requirements as described in Section F.2.

10. Application Limit

    To encourage applicants to prioritize their MPDG opportunity 
submissions, each eligible applicant may submit three unique 
applications per grant program (Mega, INFRA, and Rural), for a total 
application limit of nine. The three-unique-applications-per-grant 
program applies only to applications where the applicant is the lead 
applicant. There is no limit on applications for which an applicant can 
be listed as a partnering agency. If a lead applicant submits more than 
three unique applications to a particular grant program as the lead 
applicant, only the first three received will be considered.

D. Application and Submission Information

1. Address

    Applications must be submitted through www.Grants.gov. Instructions 
for submitting applications can be found at https://www.transportation.gov/grants/mpdg-how-apply.

2. Content and Form of Application

    The application must include the Standard Form 424 (Application for 
Federal Assistance), Standard Form 424C (Budget Information for 
Construction Programs), cover page, and the Project Narrative. More 
detailed information about the cover pages and Project Narrative 
follows.
i. Cover Page
    Each application should contain a cover page with the following 
chart:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Basic Project Information:     .........................................
    What is the Project Name?
    Who is the Project
     Sponsor?
    Was an application for     (If Yes, please include project title and
     USDOT discretionary        applicable grant programs).
     grant funding for this
     project submitted
     previously?
    A project will be          _Opt-out of Mega?
     evaluated for             _Opt-out of INFRA?
     eligibility for           _Opt-out of Rural?
     consideration for all
     three programs, unless
     the applicant wishes to
     opt-out of being
     evaluated for one or
     more of the grant
     programs.
Project Costs:
    MPDG Request Amount......  Exact Amount in year-of-expenditure
                                dollars: $__

[[Page 17117]]

 
    Estimated Other Federal    Estimate in year-of-expenditure dollars:
     funding (excl. MPDG).      $__
    Estimated Other Federal    Other Federal funding from Federal
     funding (excl. MPDG)       Formula dollars: $__
     further detail.           Other Federal funding being requested
                                from other USDOT grant opportunities?:
                                $__From What Program(s)?: __
    Estimated non-Federal      Estimate in year-of-expenditure dollars:
     funding.                   $__
    Future Eligible Project    Estimate in year-of-expenditure dollars:
     Cost (Sum of previous      $__
     three rows).
    Previously incurred        Estimate in year-of-expenditure dollars:
     project costs (if          $__
     applicable).
    Total Project Cost (Sum    Estimate in year-of-expenditure dollars:
     of `previous incurred'     $__
     and `future eligible').
    INFRA: Amount of Future    (1) A highway freight project on the
     Eligible Costs by          National Highway Freight Network: $__
     Project Type.             (2) A highway or bridge project on the
                                National Highway System: $__
                               (3) A freight intermodal, freight rail,
                                or freight project within the boundaries
                                of a public or private freight rail,
                                water (including ports), or intermodal
                                facility and that is a surface
                                transportation infrastructure project
                                necessary to facilitate direct
                                intermodal interchange, transfer, or
                                access into or out of the facility: $__
                               (4) A highway-railway grade crossing or
                                grade separation project: $__
                               (5) A wildlife crossing project: $__
                               (6) A surface transportation project
                                within the boundaries or functionally
                                connected to an international border
                                crossing that improves a facility owned
                                by fed/state/local government and
                                increases throughput efficiency: $__
                               (7) A project for a marine highway
                                corridor that is functionally connected
                                to the NHFN and is likely to reduce road
                                mobile source emissions: $__
                               (8) A highway, bridge, or freight project
                                on the National Multimodal Freight
                                Network: $__
    Mega: Amount of Future     (1) A highway or bridge project on the
     Eligible Costs by          National Multimodal Freight Network: $__
     Project Type.             (2) A highway or bridge project on the
                                National Highway Freight Network: $__
                               (3) A highway or bridge project on the
                                National Highway System: $__
                               (4) A freight intermodal (including
                                public ports) or freight rail project
                                that provides public benefit: $__
                               (5) A railway highway grade separation or
                                elimination project: $__
                               (6) An intercity passenger rail project:
                                $__
                               (7) A public transportation project that
                                is eligible under assistance under
                                Chapter 53 of title 49 and is a part of
                                any of the project types described
                                above: $__
                               (8) A grouping, combination, or program
                                of interrelated, connected, or dependent
                                projects of any of the projects
                                described above.
    Rural: Amount of Future    (1) A highway, bridge, or tunnel project
     Eligible Costs by          eligible under National Highway
     Project Type.              Performance Program: $__
                               (2) A highway, bridge, or tunnel project
                                eligible under Surface Transportation
                                Block Grant: $__
                               (3) A highway, bridge, or tunnel project
                                eligible under Tribal Transportation
                                Program: $__
                               (4) A highway freight project eligible
                                under National Highway Freight Program:
                                $__
                               (5) A highway safety improvement project,
                                including a project to improve a high
                                risk rural road as defined by the
                                Highway Safety Improvement Program: $__
                               (6) A project on a publicly-owned highway
                                or bridge that provides or increases
                                access to an agricultural, commercial,
                                energy, or intermodal facility that
                                supports the economy of a rural area:
                                $__
                               (7) A project to develop, establish, or
                                maintain an integrated mobility
                                management system, a transportation
                                demand management system, or on-demand
                                mobility services: $__
Project Location:
    State(s) in which project
     is located.
    INFRA: Small or Large      Small/Large.
     project.
    Urbanized Area in which    .........................................
     project is located, if
     applicable.
    Population of Urbanized    .........................................
     Area (According to 2010
     Census).
    Is the project located     List census tracts that qualify as within
     (entirely or partially)    these areas. (https://
     in Area of Persistent      datahub.transportation.gov/stories/s/
     Poverty or Historically    tsyd-k6ij).
     Disadvantaged Community?
    Is the project located     Yes/No. If yes, please describe which of
     (entirely or partially)    the four Federally designated community
     in Federal or USDOT        development zones in which your project
     designated areas?          is located.
                               Opportunity Zones: (https://opportunityzones.hud.gov/).
                               Empowerment Zones: (https://www.hud.gov/hudprograms/empowerment_zones) Promise
                                Zones: (https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz fieldpolicymgtpz).
                               Choice Neighborhoods: (https://www.hud.gov/program_offices/public_indian_housing/program s/ph/cn).
    Is the project currently   Yes/No.
     programmed in the:.       (Please specify in which plans the
     TIP.............   project is currently programmed, and
     STIP............   provide the identifying number if
     MPO Long Range     applicable).
     Transportation Plan..
     State Long Range
     Transportation Plan..
     State Freight
     Plan..
------------------------------------------------------------------------


[[Page 17118]]

ii. Project Narrative
    The Department recommends that the project narrative follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. Project Description.....................  See D.ii.I.
II. Project Location.......................  See D.2.ii.II.
III. Project Parties.......................  See D.2.ii.III.
IV. Grant Funds, Sources and Uses of all     See D.2.ii.IV.
 Project Funding.
V. Project Outcome Criteria................  See D.2.ii.V.
VI. Benefit-Cost Analysis.
VII. Project Readiness and Environmental     See D.2.ii.VII and
 Risk.                                        E.1.c.ii.
VIII. Project Requirements.................  See D.2.ii.VIII and C.5.
------------------------------------------------------------------------

    The project narrative should include the information necessary for 
the Department to determine that the project satisfies project 
requirements described in Sections B and C for each of the grant 
programs from which the applicant is seeking funding and to assess the 
selection criteria specified in Section E.1 that are applicable to the 
grant programs from which the applicant is seeking funding. To the 
extent practicable, applicants should provide supporting data and 
documentation in a form that is directly verifiable by the Department. 
The Department may ask any applicant to supplement data in its 
application, but it expects applications to be complete upon 
submission.
    In addition to a detailed statement of work, detailed project 
schedule, and detailed project budget, the project narrative should 
include a table of contents, maps, and graphics, as appropriate, to 
make the information easier to review. The Department recommends that 
the project narrative be prepared with standard formatting preferences 
(i.e., a single-spaced document, using a standard 12-point font such as 
Times New Roman, with 1-inch margins). The project narrative may not 
exceed 25 pages in length, excluding cover pages and table of contents. 
Appendices may include documents supporting assertions or conclusions 
made in the 25-page project narrative and do not count towards the 25-
page limit. If possible, website links to supporting documentation 
should be provided rather than copies of these supporting materials. If 
supporting documents are submitted, applicants should clearly identify 
within the project narrative the relevant portion of the project 
narrative that each supporting document supports. At the applicant's 
discretion, relevant materials provided previously to a modal 
administration in support of a different USDOT financial assistance 
program may be referenced and described as unchanged. The Department 
recommends using appropriately descriptive final names (e.g., ``Project 
Narrative,'' ``Maps,'' ``Memoranda of Understanding and Letters of 
Support,'' etc.) for all attachments. The USDOT recommends applications 
include the following sections:
I. Project Description
    The first section of the application should provide a concise 
description of the project, the transportation challenges that it is 
intended to address, and how it will address those challenges. This 
section should discuss the project's history, including a description 
of any previously incurred costs. The applicant may use this section to 
place the project into a broader context of other infrastructure 
investments being pursued by the project sponsor.
II. Project Location
    This section of the application should describe the project 
location, including a detailed geographical description of the proposed 
project, a map of the project's location and connections to existing 
transportation infrastructure, and geospatial data describing the 
project location. The application should also identify:
    (a) Whether the project is located in an Area of Persistent 
Poverty, including the relevant County and/or census tract(s);
    (b) whether the project is located in a Historically Disadvantaged 
Community, including the relevant census tract(s);
    (c) If the project is located within the boundary of a 2010 Census-
designated Urbanized Area, the application should identify the 
Urbanized Area; \9\ and
---------------------------------------------------------------------------

    \9\ Lists of Urbanized Areas are available on the Census Bureau 
website at https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ 
and maps are available at https://tigerweb.geo.census.gov/tigerweb/. 
For the purposes of the INFRA program, Urbanized Areas with 
populations fewer than 200,000 will be considered rural.
---------------------------------------------------------------------------

    (d) whether the project is located in one of four Federally 
designated community development zones (Opportunity Zones, Empowerment 
Zones, Promise Zones, or Choice Neighborhoods).
    Information under (d) may be used for the Department's internal 
data tracking.
III. Project Parties
    This section of the application should provide details about the 
lead applicant, including the lead applicant's experience with receipt 
and expenditure of Federal transportation funds. This section of the 
application should also list and briefly describe all of the other 
public and private parties who are involved in delivering the project, 
such as port authorities, terminal operators, freight railroads, 
shippers, carriers, freight-related associations, third-party logistics 
providers, and freight industry workforce organizations.
IV. Grant Funds, Sources, and Uses of Project Funds
    This section of the application should describe the project's 
budget and the plans for covering the full cost of the project from all 
sources. At a minimum, it should include:
    Previously incurred expenses, as defined in Section C.
     Future eligible costs, as defined in Section C.5.
     For all funds to be used for future eligible project 
costs, the source and amount of those funds.
     For non-Federal funds to be used for future eligible 
project costs, documentation of funding commitments should be 
referenced here and included as an appendix to the application.
     All Federal funds to be used for future eligible project 
costs, including grant programs covered by this MPDG application (Mega, 
INFRA, and/or Rural), other Federal grants that have been awarded to 
the project or for which the project intends to apply in the future 
(e.g., Bridge Investment Program, FTA Capital Investment Grant, etc.) 
and any Federal formula funds that have already been programmed for the 
project or are planned to be programmed for the project.
     For each category of Federal funds to be used for future 
eligible project

[[Page 17119]]

costs, the amount, nature, and source of any required non-Federal match 
for those funds.
    The Department is committed to considering project funding 
decisions holistically among the various discretionary grant programs 
available in BIL. The Department also recognizes that applicants may be 
seeking discretionary grant funding from multiple discretionary grant 
programs and opportunities. An applicant may seek the same award 
amounts from multiple Department discretionary opportunities or seek a 
combination of funding from multiple Department opportunities. The 
applicant should indicate, within the Federal funding description, 
details as to what other potential Department programs and 
opportunities they intend to solicit funds, and what award amounts they 
will be seeking.
    (A) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each major 
construction activity and present those data in dollars and 
percentages. Funding sources should be grouped into three categories: 
Non-Federal; MPDG; and other Federal. If the project contains 
components, the budget should separate the costs of each project 
component. If the project will be completed in phases, the budget 
should separate the costs of each phase. The budget should be detailed 
enough to demonstrate that the project satisfies the statutory cost-
sharing requirements described in Section C.2 and those associated with 
each category of Federal funding.
    (B) Information showing that the applicant has budgeted sufficient 
contingency amounts to cover unanticipated cost increases.
    (C) The amount of the requested MPDG funds that would be subject to 
the limit on freight rail, port, and intermodal infrastructure 
described in Section B.2.ii., if being considered for INFRA funding.
    In addition to the information enumerated above, this section 
should provide complete information on how all project funds may be 
used. For example, if a source of funds is available only after a 
condition is satisfied, the application should identify that condition 
and describe the applicant's control over whether it is satisfied. 
Similarly, if a source of funds is available for expenditure only 
during a fixed period, the application should describe that 
restriction. Complete information about project funds will ensure that 
the Department's expectations for award execution align with any 
funding restrictions unrelated to the Department, even if an award 
differs from the applicant's request.
V. Project Outcome Criteria
    This section of the application should demonstrate how the project 
aligns with the Project Outcome Criteria described in Section E.2 of 
this notice. The Department encourages applicants to address each 
criterion as it applies to the funding programs to which they are 
applying or else to expressly state that the project does not address 
the criterion. Insufficient information to assess any criterion will 
negatively impact the project rating. Applicants are not required to 
follow a specific format, but the following organization, which 
addresses each criterion separately, promotes a clear discussion that 
assists project evaluators. To minimize redundant information in the 
application, the Department encourages applicants to cross-reference 
from this section of their application to relevant substantive 
information in other sections of the application.
    The guidance here is about how the applicant should organize their 
application. Guidance describing how the Department will evaluate 
projects against the Project Outcome Criteria is in Section E.2 of this 
notice. Applicants also should review that section before considering 
how to organize their application.
Criterion #1: Safety
    This section of the application should describe the anticipated 
outcomes of the project that support the Safety criterion (described in 
Section E.2 of this notice). The applicant should include information 
on, and to the extent possible, quantify, how the project will target 
known, documented safety problems within the project area or wider 
transportation network, and demonstrate how the project will protect 
all users of the transportation system and/or communities from health 
and safety risks. The application should provide evidence to support 
the claimed level of effectiveness of the project in protecting all 
travelers, including vulnerable users, from health and safety risks, 
such as the number and rate of reduced crashes, serious injuries, and/
or fatalities. If the project is providing increased access to 
commercial motor vehicle parking, the application should provide 
information demonstrating the lack of parking in the area and evidence 
estimating the number of vehicles that will use the new parking.
Criterion #2: State of Good Repair
    This section of the application should describe how the project 
will contribute to a state of good repair by restoring and modernizing 
core infrastructure assets and/or addressing current or projected 
system vulnerabilities (described in Section E.2 of this notice). The 
application should include information on the current condition of all 
assets that will be affected by the project, how the proposed project 
will improve asset condition, plans to ensure the ongoing state of good 
repair of new assets constructed as part of the project, and any 
estimates of impacts on long-term cost structures or overall life-cycle 
costs.
Criterion #3: Economic Impacts, Freight Movement, and Job Creation
    This section of the application should describe how the project 
will contribute to at least one of the following outcomes: (1) Improve 
system operations to increase travel time reliability and manage travel 
demand for goods movement, especially for supply chain bottlenecks, 
thereby reducing the cost of doing business and improving local and 
regional freight connectivity to the national and global economy; (2) 
improve multimodal transportation systems that incorporate affordable 
transportation options such as public transit to improve mobility of 
people and goods; (3) decrease transportation costs and provide 
reliable and timely access to employment centers and job opportunities; 
(4) significantly improve the economic strength of regions and cities 
by increasing the economic productivity of land, capital, or labor, and 
linkages between distinct rural areas and rural and urban areas; (5) 
enhance recreational and tourism opportunities by providing access to 
Federal lands (including national parks, national forests, national 
recreation areas, national wildlife refuges, and wilderness areas) or 
State parks; (6) result in high-quality job creation by supporting 
good-paying jobs with a free and fair choice to join a union in project 
construction and in on-going operations and maintenance, and 
incorporate strong labor standards, such as through the use of project 
labor agreements, registered apprenticeship programs, and other joint 
labor-management training programs; \10\ (7) result in workforce 
opportunities for historically underrepresented groups, such as through 
the use of local hire provisions or other workforce strategies targeted 
at or jointly developed with historically underrepresented groups, to 
support project development; (8) foster economic growth and development

[[Page 17120]]

while creating long-term high-quality jobs, while addressing acute 
challenges, such as energy sector job losses in energy communities as 
identified in the report released in April 2021 by the interagency 
working group established by section 218 of Executive Order 14008; \11\ 
(9) support integrated land use, economic development and 
transportation planning to improve the movement of people and goods and 
local fiscal health, facilitate greater public and private investments 
and strategies in land-use productivity, including rural main street 
revitalization or increase in the production or preservation of 
location-efficient housing; or (10) help the United States compete in a 
global economy by encouraging the location of important industries and 
future innovations and technology in the U.S., and facilitating 
efficient and reliable freight movement.
---------------------------------------------------------------------------

    \10\ https://www.apprenticeship.gov/https://www.apprenticeship.gov.
    \11\ https://netl.doe.gov/sites/default/files/2021-04/Initial%20Report%20on%20Energy%20Communities_Apr2021.pdf.
---------------------------------------------------------------------------

Criterion #4: Climate Change, Resiliency, and the Environment
    This section of the application should describe how the project 
will incorporate considerations of climate change and environmental 
justice in the planning stage and in project delivery, such as through 
incorporation of specific design elements that address climate change 
impacts. The application should describe the degree to which the 
project is expected to reduce transportation-related pollution such as 
air pollution and greenhouse gas emissions, increase use of lower-
carbon travel modes such as transit and active transportation, improve 
the resiliency of at-risk \12\ infrastructure, incorporate lower-carbon 
pavement and construction materials, or address the disproportionate 
negative environmental impacts of transportation on disadvantaged 
communities. The application should explain to what extent the project 
will prevent stormwater runoff that would be a detriment to aquatic 
species. The application should describe whether the project will 
promote energy efficiencies, support fiscally responsible land use and 
transportation efficient design that reduces greenhouse gas emissions, 
improve public health and increase use of lower-carbon travel modes 
such as transit, active transportation and multimodal freight, 
incorporate electrification or zero emission vehicle infrastructure, 
increase resilience to all hazards, and recycle or redevelop brownfield 
sites, particularly in communities that disproportionally experience 
climate-change-related consequences. The application should describe if 
projects in floodplains are upgraded consistent with the Federal Flood 
Risk Management Standard in Executive Order 14030, Climate-Related 
Financial Risk (86 FR 27967) and 13690, Establishing a Federal Flood 
Risk Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input (80 FR 6425.)
---------------------------------------------------------------------------

    \12\ For the MPDG opportunity, at-risk infrastructure is defined 
as infrastructure that is subject to, or faces increased long-term 
future risks of, a weather event, a natural disaster, or changing 
conditions, such as coastal flooding, coastal erosion, wave action, 
storm surge, or sea level rise, in order to improve transportation 
and public safety and to reduce costs by avoiding larger future 
maintenance or rebuilding costs.
---------------------------------------------------------------------------

Criterion #5: Equity, Multimodal Options, and Quality of Life
    This section of the application should describe how the project 
will proactively address equity and barriers to opportunity, improve 
quality of life in rural areas or urbanized areas, and benefit 
Historically Disadvantaged Communities or populations, or Areas of 
Persistent Poverty. This may include increasing affordable 
transportation choices, especially for transportation disadvantaged 
communities. It should also describe how the project has or will 
meaningfully engage communities affected by the project, with effective 
public participation that is accessible to all persons regardless of 
race, color, national origin, disability, age, and sex. Equity 
considerations should be integrated into planning, development, and 
implementation of transportation investments, including utilization of 
Disadvantaged Business Enterprises (DBEs). The application should 
describe any public involvement plan or targeted outreach, 
demonstrating engagement of diverse input such as community-based 
organizations during project planning and consideration of such input 
in the decision-making. The project application should describe 
planning and engagement in the project design phase to mitigate and, to 
the greatest extent possible, prevent, physical and economic 
displacement.
Criterion #6: Innovation Areas: Technology, Project Delivery, and 
Financing
    This section of the application should contain sufficient 
information to evaluate how the project can be transformative in 
achieving program goals, and includes or enables innovation in: (1) The 
accelerated deployment of innovative and secure-by-design technology, 
including expanded access to broadband; (2) use of innovative 
permitting, contracting, and other project delivery practices; and (3) 
innovative financing. If the project does not address a particular 
innovation area, the application should state this fact. Please see 
Section E.1.a for additional information.
VI. Benefit-Cost Analysis
    This section describes the recommended approach for the completion 
and submission of a benefit-cost analysis (BCA) as an appendix to the 
Project Narrative. The purpose of the BCA is to enable Department to 
evaluate the project's cost effectiveness by comparing its expected 
benefits to its expected costs. The results of the analysis should be 
summarized in the Project Narrative directly, as described in Section 
D.2. Applicants should also provide all relevant files used for their 
BCA, including any spreadsheet files and technical memos describing the 
analysis (whether created in-house or by a contractor). The 
spreadsheets and technical memos should present the calculations in 
sufficient detail and transparency to allow the analysis to be 
reproduced by Department evaluators.
    The BCA should carefully document the assumptions and methodology 
used to produce the analysis, including a description of the baseline, 
the sources of data used to project the outcomes of the project, and 
the values of key input parameters. The analysis should provide present 
value estimates of a project's benefits and costs relative to a no-
build baseline. To calculate present values, applicants should apply a 
real discount rate of 7 percent per year to the project's streams of 
benefits and costs, which should be stated in constant-dollar terms. 
The costs and benefits that are compared in the BCA must cover the same 
project scope.
    Any benefits claimed for the project, both quantified and 
unquantified, should be clearly tied to the expected outcomes of the 
project. Projected benefits may accrue to both users of the facility 
and those who are affected by its use (such as through changes in 
emissions of greenhouse gases and other pollutants, or availability of 
affordable housing or more affordable transportation choices). Usage 
forecasts applied in estimating future benefits should account for any 
additional demand induced by the improvements to the facility. While 
benefits should be quantified wherever possible, applicants may also 
describe other categories of benefits in the BCA that are more 
difficult to quantify and/or value in economic terms.
    The BCA should include the full costs of developing, constructing, 
operating,

[[Page 17121]]

and maintaining the proposed project, as well as the expected timing or 
schedule for costs in each of these categories. The BCA may also 
include the present discounted value of any remaining service life of 
the asset at the end of the analysis period.
    Detailed guidance from the Department on estimating benefits and 
costs, together with recommended economic values for converting them to 
dollar terms and discounting to their present values, is available on 
the program website (see www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance-discretionary-grant-programs-0).
VII. Project Readiness and Environmental Risk
    This section of the application should include information that, 
when considered with the project budget information presented elsewhere 
in the application, is sufficient for the Department to evaluate 
whether the project is reasonably expected to begin construction in a 
timely manner. To assist the Department's project readiness assessment, 
the applicant should provide the information requested on technical 
feasibility, project schedule, project approvals, and project risks, 
each of which is described in greater detail in the following sections.
    Applicants are not required to follow the specific format described 
here, but this organization, which addresses each relevant aspect of 
project readiness, promotes a clear discussion that assists project 
evaluators. To minimize redundant information in the application, the 
Department encourages applicants to cross-reference from this section 
of their application to relevant substantive information in other 
sections of the application.
    The guidance here is about what information applicants should 
provide and how the applicant should organize their application. 
Guidance describing how the Department will evaluate a project's 
readiness is described in section E.4 of this notice. Applicants also 
should review that section before considering how to organize their 
application.
    (a) Technical Feasibility. The applicant should demonstrate the 
technical feasibility of the project with engineering and design 
studies and activities; the development of design criteria and/or a 
basis of design; the basis for the cost estimate presented in the 
application, including the identification of contingency levels 
appropriate to its level of design; and any scope, schedule, and budget 
risk-mitigation measures. Applicants should include a detailed 
statement of work that focuses on the technical and engineering aspects 
of the project and describes in detail the project to be constructed. 
The applicant must demonstrate compliance with Title VI/Civil Rights 
requirements, to ensure that no person is excluded from participation, 
denied benefits, or otherwise subjected to discrimination under any 
program or activity, on the basis of race, color, national origin, sex, 
age, or disability.
    (b) Project Schedule. The applicant should include a detailed 
project schedule that identifies all major project milestones. Examples 
of such milestones include State and local planning approvals 
(programming on the Statewide Transportation Improvement Program); 
start and completion of NEPA and other Federal environmental reviews 
and approvals including permitting, design completion, right-of-way 
acquisition, approval of plans, specifications and estimates (PS&E); 
procurement; State and local approvals; project partnership and 
implementation agreements including agreements with railroads; and 
construction. The project schedule should be sufficiently detailed to 
demonstrate that:
     All necessary activities will be complete to allow MPDG 
funds to be obligated \13\ sufficiently in advance of the statutory 
deadline for applicable programs (For INFRA and Rural, the statutory 
obligation deadline is September 30, 2025 for FY 2022 funds. For Mega, 
there is no statutory obligation deadline; however, the Department 
seeks projects that will begin construction before September 30, 2025) 
and that any unexpected delays will not put the funds at risk of 
expiring before they are obligated;
---------------------------------------------------------------------------

    \13\ Obligation occurs when a selected applicant enters a 
written, project-specific agreement with the Department and is 
generally after the applicant has satisfied applicable 
administrative requirements, including transportation planning and 
environmental review requirements.
---------------------------------------------------------------------------

     the project can begin construction quickly upon obligation 
of grant funds, and that the grant funds will be spent expeditiously 
once construction starts; and
     all real property and right-of-way acquisition will be 
completed in a timely manner in accordance with 49 CFR part 24, 23 CFR 
part 710, and other applicable legal requirements or a statement that 
no acquisition is necessary. A plan for securing any required Right-of-
Way agreements should be included. If applicable, this section should 
describe a right-of-way acquisition plan that minimally disrupts 
communities and maintains community cohesion.
    (c) Required Approvals.
    i. Environmental Permits and Reviews. The application should 
demonstrate receipt (or the schedule for anticipated receipt) of all 
environmental approvals and permits necessary for the project to 
proceed to construction on the timeline specified in the project 
schedule and necessary to meet the statutory obligation deadline, 
including satisfaction of all Federal, State, and local requirements 
and completion of the NEPA process. Specifically, the application 
should include:
     Information about the NEPA status of the project, 
including whether the project may qualify for a Categorical Exclusion 
under current regulations. If the NEPA process is complete, an 
applicant should indicate the date of completion, and provide a website 
link or other reference to the final Categorical Exclusion, Finding of 
No Significant Impact, Record of Decision, and any other NEPA documents 
prepared. If the NEPA process is underway, but not complete, the 
application should detail the NEPA class of action, where the project 
is in the NEPA process, and indicate the anticipated date of completion 
of all milestones and of the final NEPA determination. If the final 
agency action with respect to NEPA occurred more than three years 
before the application date, the applicant should describe a proposed 
approach for updating this material in accordance with applicable NEPA 
reconsideration requirements.
     Information on reviews, approvals, and permits by other 
Federal and State agencies. An application should indicate whether the 
proposed project requires reviews or approval actions by other 
agencies,\14\ indicate the status of such actions, and provide detailed 
information about the status of those reviews or approvals and should 
demonstrate compliance with any other applicable Federal, State, or 
local requirements, and when such approvals are expected. Applicants 
should provide a website link or other reference to copies of any 
reviews, approvals, and permits prepared.
---------------------------------------------------------------------------

    \14\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
---------------------------------------------------------------------------

     Environmental studies or other documents--preferably 
through a website link--that describe in detail known project impacts, 
and possible mitigation for those impacts.

[[Page 17122]]

     A description of discussions with the appropriate 
Department modal administration field or headquarters office regarding 
the project's compliance with NEPA and other applicable Federal 
environmental reviews and approvals.
     A description of public engagement about the project that 
has occurred, including details on the degree to which public comments 
and commitments have been integrated into project development and 
design.
    ii. State and Local Approvals. The applicant should demonstrate 
receipt (or the schedule for anticipated receipt) of State and local 
approvals on which the project depends, such as State and local 
environmental and planning approvals, and statewide transportation 
improvement program (STIP) or transportation improvement program (TIP) 
funding. Additional support from relevant State and local officials is 
not required; however, an applicant should demonstrate that the project 
has broad public support.
    iii. Federal Transportation Requirements Affecting State and Local 
Planning. The planning requirements applicable to the Federal-aid 
highway program apply to all projects, but for port, freight, and rail 
projects, planning requirements of the operating administration that 
will administer the project will also apply,\15\ including intermodal 
projects located at airport facilities.\16\ Applicants should 
demonstrate that a project that is required to be included in the 
relevant State, metropolitan, and local planning documents has been or 
will be included in such documents. If the project is not included in a 
relevant planning document at the time the application is submitted, 
the applicant should submit a statement from the appropriate planning 
agency that actions are underway to include the project in the relevant 
planning document. To the extent possible, freight projects should be 
included in a State Freight Plan and supported by a State Freight 
Advisory Committee (49 U.S.C. 70201, 70202). Applicants should provide 
links or other documentation supporting this consideration.
---------------------------------------------------------------------------

    \15\ In accordance with 23 U.S.C. 134 and Sec.  135, all 
projects requiring an action by the Federal Highway Administration 
(FHWA) must be in the applicable plan and programming documents 
(e.g., metropolitan transportation plan, transportation improvement 
program (TIP), and statewide transportation improvement program 
(STIP)).). Further, in air quality non-attainment and maintenance 
areas, all regionally significant projects, regardless of the 
funding source, must be included in the conforming metropolitan 
transportation plan and TIP. Inclusion in the STIP is required under 
certain circumstances. To the extent a project is required to be on 
a metropolitan transportation plan, TIP, and/or STIP, it will not 
receive a grant until it is included in such plans. Projects not 
currently included in these plans can be amended by the State and 
metropolitan planning organization (MPO). Projects that are not 
required to be in long range transportation plans, STIPs, and TIPs 
will not need to be included in such plans to receive a grant. Port, 
freight rail, and intermodal projects are not required to be on the 
State Rail Plans called for in the Passenger Rail Investment and 
Improvement Act of 2008. However, applicants seeking funding for 
freight projects are encouraged to demonstrate that they have done 
sufficient planning to ensure that projects fit into a prioritized 
list of capital needs and are consistent with long-range goals. 
Means of demonstrating this consistency would include whether the 
project is in a TIP or a State Freight Plan that conforms to the 
requirements of Section 70202 of Title70202Title 49 U.S.C. prior to 
the start of construction. Port planning guidelines are available at 
StrongPorts.gov.
    \16\ Projects at grant obligated airports must be compatible 
with the Federal Aviation Administration (FAA---)--)--approved 
Airport Layout Plan (ALP), as well as aeronautical surfaces 
associated with the landing and takeoff of aircraft at the airport. 
Additionally, projects at an airport: Must comply with established 
Sponsor Grant Assurances, including (but not limited to) 
requirements for non-exclusive use facilities, consultation with 
users, consistency with local plans including development of the 
area surrounding the airport, and consideration of the interest of 
nearby communities, among others; and must not adversely affect the 
continued and unhindered access of passengers to the terminal.
---------------------------------------------------------------------------

    Because projects have different schedules, the construction start 
date for each grant will be specified in the project-specific 
agreements signed by relevant modal administration and the grant 
recipients, will be based on critical path items that applicants 
identify in the application, and will be consistent with relevant State 
and local plans.
    iv. Assessment of Project Risks and Mitigation Strategies. Project 
risks, such as procurement delays, environmental uncertainties, 
increases in real estate acquisition costs, uncommitted local match, 
pushback from stakeholders or impacted communities, or lack of 
legislative approval, affect the likelihood of successful project start 
and completion. The applicant should identify all material risks to the 
project and the strategies that the lead applicant and any project 
partners have undertaken or will undertake to mitigate those risks. The 
applicant should assess the greatest risks to the project and identify 
how the project parties will mitigate those risks.
    To the extent it is unfamiliar with the Federal program, the 
applicant should contact the Department modal field or headquarters 
offices as found at https://www.transportation.gov/grants/mega-additional-guidance for information on what steps are prerequisite to 
the obligation of Federal funds to ensure that their project schedule 
is reasonable and that there are no risks of delays in satisfying 
Federal requirements.
VIII. Statutory Project Requirements
    To select a project for award, the Department must determine that 
the project--as a whole, as well as each independent component of the 
project--satisfies statutory requirements relevant to the program from 
which it will receive an award. The application should include 
sufficient information for the Department to make these determinations 
for both the project as a whole and for each independent component of 
the project. Applicants should use this section of the application to 
summarize how their project meets applicable statutory requirements 
and, if present, how each independent project component meets each of 
the following requirements. Applicants are not required to reproduce 
the table below in their application, but following this format will 
help evaluators identify the relevant information that supports each 
large project determination. Supporting information provided in 
appendices may be referenced.

                                        Statutory Selection Requirements
----------------------------------------------------------------------------------------------------------------
        23 U.S.C. 117 INFRA            49 U.S.C. 6701 Mega     23 U.S.C. 173 Rural             Guidance
----------------------------------------------------------------------------------------------------------------
(1) The project will generate        (1) The project is      (1) The project will    Summarize the economic,
 national, or regional economic,      likely to generate      generate regional       mobility, and safety
 mobility, or safety benefits.        national or regional    economic, mobility,     benefits of the project
                                      economic, mobility,     or safety benefits.     and independent project
                                      safety benefits.                                components, and describe
                                                                                      the scale of their impact
                                                                                      in national or regional
                                                                                      terms. The Department will
                                                                                      base its determination on
                                                                                      the assessment of this
                                                                                      information by Project
                                                                                      Outcome evaluators.
(2) The project will be cost         (3) The project will    (2) The project will    Highlight the results of
 effective.                           be cost effective.      be cost effective.      the Benefit-Cost analysis,
                                                                                      as well as the analyses of
                                                                                      independent project
                                                                                      components if applicable.
                                                                                      The Department will base
                                                                                      its determination on the
                                                                                      ratio of project benefits
                                                                                      to project costs as
                                                                                      assessed by the Economic
                                                                                      Analysis Team.

[[Page 17123]]

 
(3) The project will contribute to   No statutory            (3) The project will    Specify the Goal(s) and
 1 or more of the national goals      requirement.            contribute to 1 or      summarize how the project
 described under Section 150.                                 more of the national    and independent project
                                                              goals described under   components contribute to
                                                              Section 150.            that goal(s).
                                                                                     The Department will base
                                                                                      its determination on the
                                                                                      assessment of this
                                                                                      information by Project
                                                                                      Outcome evaluators.
(4) The project is based on the      No statutory            (4) The project is      For a project or
 results of preliminary engineering.  requirement.            based on the results    independent project
                                                              of preliminary          component to be based on
                                                              engineering.            the results of preliminary
                                                                                      engineering, please
                                                                                      indicate which of the
                                                                                      following activities have
                                                                                      been completed as of the
                                                                                      date of application
                                                                                      submission:
                                                                                         Environmental
                                                                                         Assessments.
                                                                                         Topographic
                                                                                         Surveys.
                                                                                         Metes and
                                                                                         Bounds Surveys.
                                                                                         Geotechnical
                                                                                         Investigations.
                                                                                         Hydrologic
                                                                                         Analysis.
                                                                                         Utility
                                                                                         Engineering.
                                                                                         Traffic
                                                                                         Studies.
                                                                                         Financial
                                                                                         Plans.
                                                                                         Revenue
                                                                                         Estimates.
                                                                                         Hazardous
                                                                                         Materials Assessments.
                                                                                         General
                                                                                         estimates of the types
                                                                                         and quantities of
                                                                                         materials.
                                                                                         Other work
                                                                                         needed to establish
                                                                                         parameters for the
                                                                                         final design.
                                                                                     If one or more of these
                                                                                      studies was included in a
                                                                                      larger plan or document
                                                                                      not described above,
                                                                                      please explicitly state
                                                                                      that and reference the
                                                                                      document. The Department
                                                                                      will base its
                                                                                      determination on the
                                                                                      assessment by technical
                                                                                      capacity evaluators.
(5) With respect to related non-     (4) With respect to     No statutory            Please indicate funding
 federal financial commitments, 1     non-federal financial   requirement.            source(s) and amounts that
 or more stable and dependable        commitments, 1 or                               will account for all
 sources of funding and financing     more stable and                                 project costs, broken down
 are available to construct,          dependable sources                              by independent project
 maintain, and operate the project,   are available to                                component, if applicable.
 and contingency amounts are          construct, operate,                             Demonstrate that the
 available to cover unanticipated     and maintain the                                funding is stable,
 cost increases.                      project, and to cover                           dependable, and dedicated
                                      cost increases.                                 to this specific project
                                                                                      by referencing the STIP/
                                                                                      TIP, a letter of
                                                                                      commitment, a local
                                                                                      government resolution,
                                                                                      memorandum of
                                                                                      understanding, or similar
                                                                                      documentation. Please
                                                                                      state the contingency
                                                                                      amount available for the
                                                                                      project. The Department
                                                                                      will base its
                                                                                      determination on an
                                                                                      assessment of this
                                                                                      information by financial
                                                                                      completeness evaluators.
                                                                                      The Department will base
                                                                                      its determination on an
                                                                                      assessment of this
                                                                                      information by financial
                                                                                      completeness evaluators.
(6) The project cannot be easily     (2) The project is in   No statutory            Describe the potential
 and efficiently completed without    significant need of     requirement.            negative impacts on the
 other Federal funding or financing   Federal funding.                                proposed project if the
 available to the project sponsor.                                                    MPDG grant (or other
                                                                                      Federal funding) was not
                                                                                      awarded. Respond to the
                                                                                      following:
                                                                                     1. How would the project
                                                                                      scope be affected if MPDG
                                                                                      (or other Federal funds)
                                                                                      were not received?
                                                                                     2. How would the project
                                                                                      schedule be affected if
                                                                                      MPDG (or other Federal
                                                                                      funds) were not received?
                                                                                     3. How would the project
                                                                                      cost be affected if MPDG
                                                                                      (or other Federal funds)
                                                                                      were not received?
                                                                                     If there are no negative
                                                                                      impacts to the project
                                                                                      scope, schedule, or budget
                                                                                      if MPDG funds are not
                                                                                      received, state that
                                                                                      explicitly. Impacts to a
                                                                                      portfolio of projects will
                                                                                      not satisfy this
                                                                                      requirement; please
                                                                                      describe only project-
                                                                                      specific impacts. Re-
                                                                                      stating the project's
                                                                                      importance for national or
                                                                                      regional economic,
                                                                                      mobility, or safety will
                                                                                      not satisfy this
                                                                                      requirement. The
                                                                                      Department will base its
                                                                                      determination on an
                                                                                      assessment of this
                                                                                      information by program
                                                                                      evaluators.
(7) The project is reasonably        (5) The applicant       (5) The project is      Please provide expected
 expected to begin not later than     have, or will have,     reasonably expected     obligation date and
 18 months after the date of          sufficient legal,       to begin not later      construction start date,
 obligation of funds for the          financial, and          than 18 months after    referencing project budget
 project.                             technical capacity to   the date of             and schedule as needed. If
                                      carry out the project.  obligation of funds     the project has multiple
                                                              for the project.        independent components, or
                                                                                      will be obligated and
                                                                                      constructed in multiple
                                                                                      phases, please provide
                                                                                      sufficient information to
                                                                                      show that each component
                                                                                      meets this requirement.
                                                                                      The Department will base
                                                                                      its determination on the
                                                                                      project risk rating as
                                                                                      assessed according to the
                                                                                      Project Readiness
                                                                                      consideration. The
                                                                                      Department will base its
                                                                                      determination on the
                                                                                      project risk as assessed
                                                                                      by the Environmental Risk,
                                                                                      Financial Completeness,
                                                                                      and Technical Capacity
                                                                                      evaluators.
----------------------------------------------------------------------------------------------------------------

    For an INFRA small project to be selected, the Department must 
consider the cost effectiveness of the proposed project, the effect of 
the proposed project on mobility in the State and region in which the 
project is carried out, and the effect of the proposed project on 
safety on freight corridors with significant hazards such as high 
winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, 
wildlife crossing onto the roadway, or steep grades. If an applicant 
seeks an award for an INFRA small project, it should use this section 
to provide information on the project's cost effectiveness, including 
by summarizing the results of the benefit-cost analysis for the 
project, and the project's effect on the mobility in its State and 
region, and the effect of the proposed project on safety of freight 
corridors with significant hazards, or refer to where else the 
information can be found in the application.

[[Page 17124]]

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

    Each applicant must: (1) Be registered in SAM before submitting its 
application; (2) provide a valid unique entity identifier in its 
application; and (3) continue to maintain an active SAM registration 
with current information at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency. The Department may not make an MPDG grant to 
an applicant until the applicant has complied with all applicable 
unique entity identifier and SAM requirements and, if an applicant has 
not fully complied with the requirements by the time the Department is 
ready to make an MPDG grant, the Department may determine that the 
applicant is not qualified to receive an MPDG grant and use that 
determination as a basis for making an MPDG grant to another applicant.

4. Submission Dates and Times

    Applications must be submitted by 11:59 p.m. EDT May 23, 2022. The 
Grants.gov ``Apply'' function will open by March 25, 2022. To submit an 
application through Grants.gov, applicants must:

    (1) Obtain a Unique Entity Identifier (UEI) number; \17\
---------------------------------------------------------------------------

    \17\ On April 4, 2022 the Federal government will stop using the 
Data Universal Numbering System (DUNS) number to uniquely identify 
entities. At that point, entities doing business with the Federal 
government will use a Unique Entity Identifier (UEI) created in 
SAM.gov. If your entity is currently registered in SAM.gov, your UEI 
has already been assigned and is viewable in SAM.gov. This includes 
inactive registrations.
---------------------------------------------------------------------------

    (2) Register with the System for Award Management (SAM) at 
www.sam.gov;
    (3) Create a Grants.gov username and password; and
    (4) The E-business Point of Contact (POC) at the applicant's 
organization must also respond to the registration email from 
Grants.gov and login at Grants.gov to authorize the POC as an 
Authorized Organization Representative (AOR). Please note that there 
can only be one AOR per organization.

    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and that the Department will not consider late 
applications that are the result of failure to register or comply with 
Grants.gov applicant requirements in a timely manner. For information 
and instruction on each of these processes, please see instructions at 
https://www.grants.gov/web/grants/applicants/applicant-faqs.html. If 
applicants experience difficulties at any point during the registration 
or application process, please call the Grants.gov Customer Service 
Support Hotline at 1(800) 518-4726.

5. Funding Restrictions

i. Mega
    BIL specifies that 50 percent of available Mega funds are set aside 
for projects between $100 million and $500 million in cost. The 
remaining available Mega funds, less 2 percent for program 
administration, are for projects greater than $500 million in cost.
ii. INFRA
    The Department will make awards under the INFRA program to both 
large and small projects (refer to section C.5.ii for a definition of 
large and small projects). For a large project, BIL specifies that an 
INFRA grant must be at least $25 million. For a small project, 
including both construction awards and project development awards, the 
grant must be at least $5 million. For each fiscal year of INFRA funds, 
a minimum of 15 percent of available funds are reserved for small 
projects, and a maximum of 85 percent of funds are reserved for large 
projects.
    The program statute specifies that not more than 30 percent of 
INFRA grants for each of the fiscal years 2022 to 2026 may be used for 
grants to freight rail, water (including ports and marine highway 
corridors), other freight intermodal projects that make significant 
improvements to freight movement on the National Highway Freight 
Network or National Multimodal Freight Network, wildlife crossing 
projects, projects located within or functionally connected to an 
international border crossing area in the United States, improves a 
transportation facility owned by a Federal, State, or local government 
entity, and projects that increase the throughput efficiency of border 
crossings. As much as $482 million may be available within this 
provision. Only the nonhighway portion(s) of multimodal projects count 
toward this limit.
    Grade crossing and grade separation projects do not count toward 
the limit for freight rail, port, and intermodal projects. The 
Department may award less than the full amount available under this 
provision.
    The program statute requires that at least 25 percent of the funds 
provided for INFRA large project grants must be used for projects 
located in rural areas, as defined in Section C.6 The program statute 
requires that at least 30 percent of the funds provided for INFRA small 
project grants must be used for projects located in rural areas, as 
defined in Section C.6. The Department may elect to go above that 
threshold. The USDOT must consider geographic diversity among grant 
recipients, including the need for a balance in addressing the needs of 
urban and rural areas.
    BIL specifies that $150 million in available INFRA funding for each 
of the fiscal years 2022 to 2026 be set aside for an INFRA Leverage 
Pilot program. The INFRA Leverage Pilot program will fund projects with 
a Federal share of less than 50 percent. Not less than 10 percent of 
the INFRA Leverage Pilot funds will be awarded to small INFRA projects, 
as defined in Section C.5.ii.(b), and not less than 25 percent of the 
INFRA Leverage Pilot funds will be awarded to rural projects, as 
defined in Section C.6.
iii. Rural
    The Department will make awards under the Rural program. All 
funding under this program will be awarded to projects defined as rural 
projects, as defined in Section C.6. BIL specifies that at least 90 
percent of Rural grant amounts must be at least $25 million, and up to 
10 percent of Rural grants may be for grant amounts of less than $25 
million. BIL specifies that 15 percent of the Rural program funds shall 
be reserved for eligible projects located in States that have rural 
roadway fatalities as a result of lane departures that are greater than 
the average of rural roadway fatalities as a result of lane departures 
in the United States.\18\ This is defined based on five-year rolling 
average of rural roadway departure fatality rate per 100 million VMT. 
BIL specifies that 25 percent of the Rural program funds shall be 
reserved for eligible projects that further the completion of 
designated routes of the Appalachian Development Highway System under 
section 14501 of title 40 U.S.C.
---------------------------------------------------------------------------

    \18\ States with above average rural roadway departure 
fatalities (based on five-year rolling average of rural roadway 
departure fatality rate per 100 million VMT) include: Alabama; 
Alaska; Arkansas; Idaho; Iowa; Kansas; Kentucky; Louisiana; Maine; 
Mississippi; Missouri; Montana; Nebraska; New Mexico; North 
Carolina; North Dakota; Oklahoma; Oregon; South Carolina; South 
Dakota; Tennessee; Vermont; West Virginia; Wyoming.
---------------------------------------------------------------------------

6. Other Submission Requirements

a. Consideration of Application
    Only applicants who comply with all submission deadlines described 
in this notice and submit applications through Grants.gov will be 
eligible for award. Applicants are strongly encouraged to make 
submissions in advance of the deadline.

[[Page 17125]]

b. Late Applications
    Applications received after the deadline will not be considered 
except in the case of unforeseen technical difficulties outlined below.
c. Late Application Policy
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact [email protected] prior to 
the application deadline with the user name of the registrant and 
details of the technical issue experienced. The applicant must provide:

    1. Details of the technical issue experienced;
    2. Screen capture(s) of the technical issues experienced along 
with corresponding Grants.gov ``Grant tracking number'';
    3. The ``Legal Business Name'' for the applicant that was 
provided in the SF-424;
    4. The AOR name submitted in the SF-424;
    5. The UEI number associated with the application; and
    6. The Grants.gov Help Desk Tracking Number.

    To ensure a fair competition of limited competitive funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its website; (3) failure to follow all the 
instructions in this notice of funding opportunity; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment. After the Department reviews all information 
submitted and contacts the Grants.gov Help Desk to validate reported 
technical issues, the Department staff will contact late applicants to 
approve or deny a request to submit a late application through 
Grants.gov. If the reported technical issues cannot be validated, late 
applications will be rejected as untimely.

E. Application Review Information

1. Criteria

i. Overall Application Rating
    The Department will assign each eligible project a rating of highly 
recommended, recommended, or not recommended for each of the grant 
programs for which the applicant is applying. The rating will be 
assigned by the Department on the following basis:
    A rating of ``Not Recommended'' will be assigned to projects that:
     The Department determines do not meet one or more 
statutory requirements for award, or additional information is required 
for one or more statutory requirements; or
     Receive a low rating in one or more of project outcome, 
economic analysis, or project readiness; or
     Are otherwise identified by the Senior Review Team to not 
be suitable for a grant award based on its weakness within a Project 
Outcome Area.
    A rating of ``Highly Recommended'' will be assigned to projects 
that:
     The Department determines meet all statutory requirements 
for award and receive high ratings in all of project outcomes, economic 
analysis, and project readiness; or
     Meet all statutory requirements for award and are 
otherwise determined by the Senior Review Team to be an exemplary 
project of national or regional significance that generates significant 
benefits in one of the project outcome areas.
    A rating of ``Recommended'' will be assigned to projects that:
     The Department determines meet all statutory requirements 
for award; and
     Are not otherwise assigned a ``Highly Recommended or ``Not 
Recommended'' rating.
ii. Project Outcome Criteria
    The Department will consider the extent to which the project 
addresses the following project outcome criteria, which are explained 
in greater detail below and reflect the key program objectives 
described in Section D.V: (1) Safety; (2) state of good repair; (3) 
economic impacts, freight movement, and job creation; (4) climate 
change, resiliency, and the environment; (5) equity, multimodal 
options, and quality of life; and (6) innovation areas: technology, 
project delivery, and financing. For each project outcome area, the 
Project Outcome Analysis team will assign a 0, 1, 2, or 3 according to 
the guidelines below.

----------------------------------------------------------------------------------------------------------------
                                     0                     1                     2                    3
----------------------------------------------------------------------------------------------------------------
Rating Scale.............  The project           The project's         The project has       The project has
                            negatively affects    claimed benefits in   clear and direct      clear and direct,
                            this outcome area     this outcome area     benefits in this      data-driven, and
                            OR the application    are plausible but     outcome area          significant
                            contains              minimal OR the        stemming from         benefits in this
                            insufficient          project's claimed     adopting common       outcome area, that
                            information to        benefits in this      practices for         are well supported
                            assess this outcome   area are not          planning, designing   by the evidence in
                            area.                 plausible.            or building           the application
                                                                        infrastructure.
----------------------------------------------------------------------------------------------------------------

    The Department is neither weighting these criteria nor is a project 
required to score highly in each criterion, but project sponsors are 
encouraged to propose projects that score highly in as many areas as 
possible. The Department will assign a high, medium-high, medium, 
medium-low, and low project outcome rating on the following basis:

------------------------------------------------------------------------
                   Score                               Rating
------------------------------------------------------------------------
At least three 3's, no 0's................  High.
At least one 3, no 0's....................  Medium-High.
No 3's, no 0's............................  Medium.
No more than one 0........................  Medium-Low.
Two or more 0's...........................  Low.
------------------------------------------------------------------------

Criterion #1: Safety
    The Department will assess how the project targets a known safety 
problem and seeks to protect motorized and non-motorized travelers and 
communities, including vulnerable users, from health and safety risks. 
The Department will consider the project's estimated impacts on the 
number, rate, and consequences of crashes, fatalities and serious 
injuries among transportation users; the degree to which the project 
addresses vulnerable roadway users; and the degree to which the project 
addresses inequities in crash victims; the project's incorporation of 
roadway design and technology that is proven to improve safety. 
Applicants are encouraged to support actions and activities identified 
in the National Roadway Safety Strategy (National Roadway Safety 
Strategy [verbar] US Department of Transportation).\19\
---------------------------------------------------------------------------

    \19\ https://www.transportation.gov/NRSS https://www.transportation.gov/NRSS.
---------------------------------------------------------------------------

    The Department is also focused on the national priority of 
addressing the shortage of long-term parking for commercial motor 
vehicles on the

[[Page 17126]]

National Highway System. Projects which increase access to truck 
parking generate safety benefits for motorized and non-motorized users 
as well as commercial vehicle operators.

------------------------------------------------------------------------
          Score              Safety criterion             Example
------------------------------------------------------------------------
0.......................  The project negatively  ......................
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example: The project
                           benefits in this        will result in
                           outcome area are        minimal improvements
                           plausible but minimal   to safety, with
                           OR the project's        little impact on the
                           claimed benefits in     number of crashes,
                           this area are not       fatalities, or
                           plausible.              serious injuries to
                                                   the traveling public.
2.......................  The project produces    Example: The project
                           nontrivial, positive    results in measurable
                           benefits in this        reductions in
                           outcome area that are   crashes, fatalities,
                           well supported by the   or serious injuries
                           evidence in the         to the traveling
                           application.            public, including
                                                   vulnerable roadway
                                                   users, by adopting
                                                   actions and
                                                   activities identified
                                                   in the National
                                                   Roadway Safety
                                                   Strategy.
3.......................  The project produces    Example: The project
                           significant,            targets a well-known
                           transformative          safety problem;
                           benefits in this        results in a
                           outcome area, that      significant reduction
                           are well supported by   in fatalities or
                           the evidence in the     serious injuries to
                           application.            motorized and
                                                   nonmotorized users.
                                                   The project
                                                   incorporates
                                                   innovative roadway
                                                   design or technology
                                                   aimed at protecting
                                                   the health and safety
                                                   of vulnerable roadway
                                                   users.
------------------------------------------------------------------------

    Criterion #2: State of Good Repair
    DOT will assess whether and to what extent the project: (1) Is 
consistent with relevant plans to maintain transportation facilities or 
systems in a state of good repair, including Department-required asset 
management plans; and (2) addresses current and projected 
vulnerabilities that, if left unimproved, will threaten future 
transportation network efficiency, mobility of goods or accessibility 
and mobility of people, or economic growth. The Department will also 
consider whether the project includes a plan to maintain the 
transportation infrastructure built with grant funds in a state of good 
repair. The Department will prioritize projects that ensure the good 
condition of transportation infrastructure, including rural 
transportation infrastructure, and support commerce and economic 
growth. Projects that represent routine or deferred maintenance will be 
less competitive in this criterion. Per FHWA's published Policy on 
Using Bipartisan Infrastructure Law Resources to Build a Better 
America,\20\ the Department encourages applicants to improve the 
condition and safety of existing State and locally-owned transportation 
infrastructure within the right-of-way.
---------------------------------------------------------------------------

    \20\ https://www.fhwa.dot.gov/bipartisan-infrastructure-law/docs/building_a_better_america-policy_framework.pdf.

------------------------------------------------------------------------
                           State of good repair
          Score                  criterion                Example
------------------------------------------------------------------------
0.......................  The project negatively  ......................
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example: The project
                           benefits in this        is identified in the
                           outcome area are        sponsor's Asset
                           plausible but minimal   Management Plan, but
                           OR the project's        it is difficult to
                           claimed benefits in     verify that the
                           this area are not       infrastructure asset
                           plausible.              will operate at a
                                                   full level of
                                                   performance after the
                                                   project improvements.
2.......................  The project produces    Example: The project
                           nontrivial, positive    is identified in the
                           benefits in this        sponsor's Asset
                           outcome area that are   Management Plan and
                           well supported by the   will repair or
                           evidence in the         rebuild an
                           application.            infrastructure asset
                                                   so that will operate
                                                   at a full level of
                                                   performance.
3.......................  The project produces    Example: The project
                           significant,            is identified in the
                           transformative          sponsor's Asset
                           benefits in this        Management Plan, will
                           outcome area, that      repair or rebuild an
                           are well supported by   infrastructure asset
                           the evidence in the     so that will operate
                           application.            at a full level of
                                                   performance, and is
                                                   designed to
                                                   significantly reduce
                                                   future operation and
                                                   maintenance costs
                                                   throughout the asset
                                                   life, beyond the
                                                   costs saved from the
                                                   initial project
                                                   expenditure, and/or
                                                   that will
                                                   significantly
                                                   lengthen the standard
                                                   useful life of the
                                                   asset.
------------------------------------------------------------------------

    Criterion #3: Economic Impacts, Freight Movement, and Job Creation
    The Department will assess the degree to which the project 
contributes to one or more of the following outcomes (1) improve system 
operations to increase travel time reliability and manage travel demand 
for goods movement, especially strengthening the resilience and 
expanding the capacity of critical supply chain bottlenecks, to promote 
economic security and improve local and regional freight connectivity 
to the national and global economy; (2) improve multimodal 
transportation systems that incorporate affordable transportation 
options such as public transit to improve mobility of people and goods; 
(3) decrease transportation costs and improve access, through reliable 
and timely access, to employment centers and job opportunities; (4) 
offer significant regional and national improvements in economic 
strength by increasing the economic productivity of land, capital, or 
labor, and improving the economic strength of regions and cities; (5) 
enhance recreational and tourism opportunities by providing access to 
Federal land, national parks, national forests, national recreation 
areas, national wildlife refuges, wilderness areas, or State parks; 
(6)) result in high quality job creation by supporting good-paying jobs 
with a free and fair choice to join a union, in project construction 
and in on-going operations and maintenance, and incorporate strong

[[Page 17127]]

labor standards, such as through the use of project labor agreements, 
registered apprenticeship programs, and other joint labor-management 
training programs; \21\ (7) result in workforce opportunities for 
historically underrepresented groups, such as through the use of local 
hire provisions or other workforce strategies targeted at or jointly 
developed with historically underrepresented groups, to support project 
development; (8) foster economic growth and development while creating 
long-term high quality jobs, while addressing acute challenges, such as 
energy sector job losses in energy communities as identified in the 
report released in April 2021 by the interagency working group 
established by section 218 of Executive Order 14008; (9) Support 
integrated land use, economic development, and transportation planning 
to improve the movement of people and goods and local fiscal health, 
and facilitate greater public and private investments and strategies in 
land-use productivity, including rural main street revitalization or 
increase in the production or preservation of location-efficient 
housing or (10) help the United States compete in a global economy by 
encouraging the location of important industries and future innovations 
and technology in the U.S. and facilitating efficient and reliable 
freight movement.
---------------------------------------------------------------------------

    \21\ https://www.apprenticeship.gov/.

------------------------------------------------------------------------
                             Economic impacts,
          Score            freight movement, and          Example
                          job creation criterion
------------------------------------------------------------------------
0.......................  The project negatively  ......................
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example 1: The project
                           benefits in this        sponsor provides some
                           outcome area are        justification, but
                           plausible but minimal   with minimal
                           OR the project's        evidence, that the
                           claimed benefits in     project will help to
                           this area are not       positively impact
                           plausible.              regional economic
                                                   development in the
                                                   area or help to
                                                   offset job losses in
                                                   the area.
                                                  Example 2: The project
                                                   sponsor provides
                                                   minimal evidence that
                                                   the project will
                                                   create high quality
                                                   jobs with a free
                                                   choice to join a
                                                   union or the
                                                   incorporation of
                                                   strong labor standard
                                                   and practice, such as
                                                   project labor
                                                   agreements, use of
                                                   registered
                                                   apprenticeships or
                                                   other joint labor-
                                                   management training
                                                   programs, and the use
                                                   of an appropriately
                                                   credentialed
                                                   workforce.
2.......................  The project produces    Example 1: The project
                           nontrivial, positive    sponsor demonstrates
                           benefits in this        some or limited new
                           outcome area that are   short-term or long-
                           well supported by the   term job creation as
                           evidence in the         a result of the
                           application.            project and it is
                                                   documented by a
                                                   signed letter from a
                                                   business(es) stating
                                                   the amount of new
                                                   jobs to be created,
                                                   and how the project
                                                   is vital to the
                                                   creation of those
                                                   jobs.
                                                  Example 2: The project
                                                   opens additional new
                                                   tourism or
                                                   recreational access
                                                   and is aligned with a
                                                   plan that
                                                   demonstrates that
                                                   intention.
                                                  Example: 3: The
                                                   project sponsor
                                                   demonstrates some
                                                   evidence that the
                                                   project will create
                                                   high quality jobs
                                                   with a free choice to
                                                   join a union or the
                                                   incorporation of
                                                   strong labor standard
                                                   and practice, such as
                                                   project labor
                                                   agreements, use of
                                                   registered
                                                   apprenticeships or
                                                   other joint labor-
                                                   management training
                                                   programs, and the use
                                                   of an appropriately
                                                   credentialed
                                                   workforce.
3.......................  The project produces    Example 1: The project
                           significant,            sponsor demonstrates
                           transformative          that the project
                           benefits in this        addresses a national
                           outcome area, that      supply chain
                           are well supported by   bottleneck, the main
                           the evidence in the     goal of the project
                           application.            is to positively
                                                   impact that
                                                   bottleneck, and ample
                                                   evidence is provided
                                                   that shows
                                                   significant national
                                                   supply chain benefits
                                                   from the project.
                                                  Example 2: The project
                                                   sponsor demonstrates
                                                   significant creation
                                                   of good-paying jobs
                                                   with a free and fair
                                                   choice to join a
                                                   union and the
                                                   incorporation of
                                                   strong labor
                                                   standards and
                                                   practices, such as
                                                   project labor
                                                   agreements, use of
                                                   registered
                                                   apprenticeships or
                                                   other joint labor-
                                                   management training
                                                   programs, and the use
                                                   of an appropriately
                                                   credentialed
                                                   workforce. This can
                                                   be documented by a
                                                   signed letter for a
                                                   labor union, or
                                                   worker organization
                                                   that describes the
                                                   number and
                                                   characteristics of
                                                   high-quality jobs on
                                                   the project.
------------------------------------------------------------------------

Criterion #4: Climate Change, Resiliency, and the Environment
    The Department will consider the extent to which the project 
incorporates considerations of climate change and environmental justice 
in the planning stage and in project delivery, such as through 
incorporation of specific design elements that address climate change 
impacts. The Department will evaluate the degree to which the project 
is expected to reduce transportation-related pollution such as air 
pollution and greenhouse gas emissions, increase use of lower-carbon 
travel modes such as transit and active transportation, improve the 
resilience of at-risk infrastructure to climate change and other 
natural hazards, incorporate lower-carbon pavement and construction 
materials, or address the disproportionate negative environmental 
impacts of transportation on disadvantaged communities. DOT will 
evaluate the extent which the project prevents stormwater runoff that 
would be a detriment to aquatic species. The Department will also 
consider whether the project will promote energy efficiency, support 
fiscally responsible land use and transportation efficient design, 
facilitate the production or preservation of location-efficient

[[Page 17128]]

affordable housing, incorporate electrification or zero emission 
vehicle infrastructure, increase resiliency and recycle or redevelop 
brownfield sites, particularly in communities that disproportionally 
experience climate-change-related consequences. The Department will 
consider whether projects in floodplains are upgraded consistent with 
the Federal Flood Risk Management Standard, to the extent consistent 
with current law, in Executive Order 14030 Climate-Related Financial 
Risk (86 FR 27967,) and Executive Order 13690, Establishing a Federal 
Flood Risk Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input (80 FR 6425.)
    The Department will assess whether the project has addressed 
environmental sustainability, including but not limited to 
consideration of the following examples:

    (1) The project results in greenhouse gas emissions reductions 
relative to a no-action baseline;
    (2) A Local/Regional/State Climate Action Plan that results in 
lower greenhouse gas emissions has been prepared and the project 
directly supports that Climate Action Plan;
    (3) The regional transportation improvement program (TIP) or 
statewide transportation improvement program (STIP) is based on 
integrated land use and transportation planning and design that 
increases low-carbon mode travel, reduction of greenhouse gases and 
vehicle miles traveled or multimodal transportation choices and/or 
incorporates electrification or zero emission vehicle 
infrastructure.
    (4) The project sponsor has used environmental justice tools 
such as the EJSCREEN to minimize adverse impacts to environmental 
justice communities (https://ejscreen.epa.gov/mapper/);
    (5) A Local/Regional/State Energy Baseline Study has been 
prepared and the project directly supports that study;
    (6) The project supports a modal shift in freight (e.g., from 
highway to rail) or passenger movement (e.g., from driving to 
transit, walking, and/or cycling) to reduce emissions. The project 
utilizes demand management strategies to reduce congestion, induced 
travel demand, and greenhouse gas emissions;
    (7) The project incorporates electrification infrastructure 
(e.g., installation of electric vehicle charging stations, zero-
emission vehicle infrastructure, or both);
    (8) The project promotes energy efficiency;
    (9) The project serves the renewable energy supply chains;
    (10) The project improves disaster preparedness and resilience 
to all hazards;
    (11) The project avoids adverse environmental impacts to air or 
water quality, wetlands, and endangered species, such as through 
reduction in Clean Air Act criteria pollutants and greenhouse gases, 
improved stormwater management, or improved habitat connectivity;
    (12) The project repairs existing dilapidated or idle 
infrastructure that is currently causing environmental harm (e.g., 
brownfield redevelopment);
    (13) The project supports or incorporates the construction of 
energy- and location-efficient buildings, including residential or 
mixed-use development; or
    (14) The project proposes recycling of materials, use of 
materials known to reduce or reverse carbon emissions, or both.


------------------------------------------------------------------------
                              Climate change,
          Score             resiliency, and the           Example
                           environment criterion
------------------------------------------------------------------------
0.......................  The project negatively
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example: A Local/
                           benefits in this        Regional/State
                           outcome area are        Climate Action Plan
                           plausible but minimal   has been prepared but
                           OR the project's        it is difficult to
                           claimed benefits in     verify with the
                           this area are not       information provided
                           plausible.              how the actual
                                                   project would
                                                   directly positively
                                                   impact climate or
                                                   resiliency.
2.......................  The project produces    Example 1: The project
                           nontrivial, positive    demonstrates some
                           benefits in this        greenhouse gas
                           outcome area that are   emission reduction.
                           well supported by the  Example 2: The project
                           evidence in the         sponsor demonstrates
                           application.            that one of the goals
                                                   of the project is to
                                                   improve or enhance
                                                   resiliency of at-risk
                                                   infrastructure.
3.......................  The project produces    Example 1: The project
                           significant,            significantly reduces
                           transformative          transportation-
                           benefits in this        related air pollution
                           outcome area, that      and greenhouse gas
                           are well supported by   emissions from
                           the evidence in the     uncoordinated land-
                           application.            use decisions.
                                                  Example 2: The project
                                                   sponsor demonstrates
                                                   that the main goal of
                                                   the project is to
                                                   improve or enhance
                                                   resiliency of at-risk
                                                   infrastructure and
                                                   the sponsor has
                                                   provided ample
                                                   evidence of increased
                                                   climate impacts to
                                                   the project area.
                                                  Example 3: The project
                                                   incorporates
                                                   electrification or
                                                   zero emission vehicle
                                                   infrastructure.
------------------------------------------------------------------------

Criterion #5: Equity, Multimodal Options, and Quality of Life
    The Department will consider the extent to which the project 
improves quality of life in rural areas or urbanized areas. This may 
include projects that:

    (1) Increase affordable and accessible transportation choices 
and equity for individuals, including disadvantaged communities;
    (2) improve access to emergency care, essential services, 
healthcare providers, or drug and alcohol treatment and 
rehabilitation centers;
    (3) reduce transportation and housing cost burdens, including 
through public and private investments to support greater commercial 
and mixed-income residential development near public transportation, 
along rural main streets or in walkable neighborhoods;
    (4) increase the walkability and accessibility for pedestrians 
and encourage thriving communities for individuals to work, live, 
and play by creating transportation choices for individuals to move 
freely with or without a car;
    (5) enhance the unique characteristics of the community;
    (6) proactively address equity \22\ or other disparities and 
barriers to opportunity, through the planning process or through 
incorporation of design elements;
---------------------------------------------------------------------------

    \22\ Definitions for ``equity'' and ``underserved communities'' 
are found in Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government, 
Sections 2(a) and (b).
---------------------------------------------------------------------------

    (7) have engaged, or will engage, diverse people and communities 
and demonstrate that equity considerations and community input and 
ownership, particularly among disadvantaged communities, are 
meaningfully integrated into planning, development, and 
implementation of transportation investments. Competitive 
applications should demonstrate strong collaboration and support 
among a broad range of stakeholders, including community-based 
organizations, other public or private entities, and labor unions; 
or
    (8) support a Local/Regional/State Equitable Development Plan.
    The Department will consider the extent to which the project 
benefits a historically disadvantaged community or population, or 
areas of persistent poverty.
    (a) In this context, Areas of Persistent Poverty means: (1) Any 
county that has consistently had greater than or equal to 20 percent 
of the population living in poverty

[[Page 17129]]

during the 30-year period preceding November 15, 2021, as measured 
by the 1990 and 2000 \23\ decennial census and the most recent 
annual Small Area Income Poverty Estimates as estimated by the 
Bureau of the census; \24\ (2) any census tract with a poverty rate 
of at least 20 percent as measured by the 2014-2018 5-year data 
series available from the American Community Survey of the Bureau of 
the Census; \25\ or (3) any territory or possession of the United 
States. A county satisfies this definition only if 20 percent of its 
population was living in poverty in all three of the listed 
datasets: (a) The 1990 decennial census; (b) the 2000 decennial 
census; and (c) the 2020 Small Area Income Poverty Estimates. This 
definition is the same as the definition used for the RAISE program. 
The Department lists all counties and census tracts that meet this 
definition for Areas of Persistent Poverty at https://datahub.transportation.gov/stories/s/tsyd-k6ij.
---------------------------------------------------------------------------

    \23\ See https://www.census.gov/data/tables/time-series/dec/census-poverty.html for county dataset.
    \24\ See https://www.census.gov/data/datasets/2020/demo/saipe/2020-state-and-county.html for December 2020 Small Area Income 
Poverty Dataset.
    \25\ See https://data.census.gov/cedsci/table?q=ACSST1Y2018.S1701&tid=ACSST5Y2018.S1701&hidePreview=false 
for 2014-2018 five year data series from the American Community 
Survey.
---------------------------------------------------------------------------

    (b) Historically Disadvantaged Communities--The Department has 
developed a definition of Historically Disadvantaged Communities as 
part of its implementation of the Justice40 Initiative and will use 
that definition for the purpose of this Notice of Funding 
Opportunity. Consistent with OMB's Interim Guidance for the 
Justice40 Initiative,\26\ Historically Disadvantaged Communities 
include (a) certain qualifying census tracts, (b) any Tribal land, 
or (c) any territory or possession of the United States. This 
definition is the same as the definition used for the RAISE program. 
The Department is providing a list of census tracts that meet the 
definition of Historically Disadvantaged Communities, as well as a 
mapping tool to assist applicants in identifying whether a project 
is located in a Historically Disadvantaged Community, available at 
https://datahub.transportation.gov/stories/s/tsyd-k6ij.
---------------------------------------------------------------------------

    \26\ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
---------------------------------------------------------------------------

    The Department will assess whether the project proactively 
addresses equity and barriers to opportunity, including but not limited 
to the following examples:

    (1) An equity impact analysis has been completed for the 
project;
    (2) The project sponsor has adopted an equity and inclusion 
program/plan or has otherwise instituted equity-focused policies 
related to project procurement, material sourcing, construction, 
inspection, hiring, or other activities designed to ensure equity in 
the overall project delivery and implementation;
    (3) The project includes comprehensive planning and policies to 
promote hiring of underrepresented populations including local and 
economic hiring preferences and investments in high-quality 
workforce development programs with supportive services, including 
labor-management programs, to help train, place, and retain people 
in good-paying jobs or registered apprenticeship.
    (4) The project includes physical-barrier-mitigating land 
bridges, caps, lids, linear parks, and multimodal mobility 
investments that either redress past barriers to opportunity or that 
proactively create new connections and opportunities for underserved 
communities that are underserved by transportation;
    (5) The project includes new or improved walking and bicycling 
infrastructure, reduces automobile dependence, and improves access 
for people with disabilities and proactively incorporates Universal 
Design; \27\
---------------------------------------------------------------------------

    \27\ ``Universal design'' is a concept in which products and 
environments are designed to be usable by all people, to the 
greatest extent possible, without the need for adaptation or 
specialized design. For more information: https://www.section508.gov/develop/universal-design/.
---------------------------------------------------------------------------

    (6) The project includes new or improved freight access to 
underserved communities to increase access to goods and job 
opportunities for those underserved communities; or
    (7) The project addresses automobile dependence as a form of 
barrier to opportunity.

    The Department will also consider the extent to which the project 
benefits a Historically Disadvantaged Community or population, or Areas 
of Persistent Poverty, as defined in Section C of this Notice.

------------------------------------------------------------------------
                            Equity, multimodal
          Score            options, and quality           Example
                             of life criterion
------------------------------------------------------------------------
0.......................  The project negatively
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example 1: The project
                           benefits in this        sponsor has developed
                           outcome area are        and published a
                           plausible but minimal   general equity policy
                           OR the project's        statement for their
                           claimed benefits in     agency but have not
                           this area are not       demonstrated any
                           plausible.              other equity
                                                   considerations for
                                                   the actual project.
                                                  Example 2: The project
                                                   sponsor has created
                                                   additional multimodal
                                                   access in conjunction
                                                   with the project, but
                                                   only as a minimum
                                                   project requirement,
                                                   and not as a result
                                                   of intentional
                                                   planning efforts.
2.......................  The project produces    Example: The project
                           nontrivial, positive    sponsor is supporting
                           benefits in this        workforce development
                           outcome area that are   programs, including
                           well supported by the   labor-management
                           evidence in the         programs, local hire
                           application.            provisions and
                                                   incorporating
                                                   workforce strategy
                                                   into project
                                                   development in a
                                                   manner that produces
                                                   non-trivial benefits.
3.......................  The project produces    Example: The project
                           significant,            sponsor includes new
                           transformative          and/or greatly
                           benefits in this        improved multimodal
                           outcome area, that      and transit access
                           are well supported by   across previously
                           the evidence in the     bifurcated
                           application.            disadvantaged
                                                   neighborhoods, and
                                                   demonstrates how
                                                   specifically the
                                                   disadvantaged
                                                   neighborhoods will be
                                                   positively impacted,
                                                   and how those
                                                   improvements were as
                                                   a result of
                                                   intentional planning
                                                   and public input.
------------------------------------------------------------------------

Criterion #6: Innovation Areas: Technology, Project Delivery, and 
Financing
    Consistent with the Department's Innovation Principles \28\ to 
support workers, to allow for experimentation and learn from failure, 
to provide opportunities to collaborate, and to be flexible and adapt 
as technology changes, the Department will assess the extent to which 
the applicant uses innovative and secure-by-design strategies, 
including: (1) Innovative technologies, (2) innovative project 
delivery, or (3) innovative financing.
---------------------------------------------------------------------------

    \28\ https://www.transportation.gov/priorities/innovation/us-dot-innovation-principles.
---------------------------------------------------------------------------

    Innovative Technology: Consistent with the Department's Innovation 
Principles, the Department will assess innovative and secure-by-design 
technological approaches to transportation, particularly in relation to 
automated, connected, and electric vehicles and the detection, 
mitigation, and documentation of safety risks. When making grant award 
decisions, the Department will consider any

[[Page 17130]]

innovative technological approaches proposed by the applicant, 
particularly projects that incorporate innovative technological design 
solutions, enhance the environment for connected, electric, and 
automated vehicles, or use technology to improve the detection, 
mitigation, and documentation of safety risks.
    Innovative technological approaches may include, but are not 
limited to:
     Conflict detection and mitigation technologies (e.g., 
intersection alerts and signal prioritization);
     Dynamic signaling, smart traffic signals, or pricing 
systems to reduce congestion;
     Traveler information systems, to include work zone data 
exchanges;
     Signage and design features that facilitate autonomous or 
semi-autonomous vehicle technologies;
     Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents);
     Vehicle-to-Everything (V2X) Technologies (e.g., technology 
that facilitates passing of information between a vehicle and any 
entity that may affect the vehicle);
     Vehicle-to-Infrastructure (V2I) Technologies (e.g., 
digital, physical, coordination, and other infrastructure technologies 
and systems that allow vehicles to interact with transportation 
infrastructure in ways that improve their mutual performance);
     Vehicle-to-Grid Technologies (e.g., technologies and 
infrastructure that encourage electric vehicle charging, and broader 
sustainability of the power grid);
     Cybersecurity elements to protect safety-critical systems;
     Broadband deployment and the installation of high-speed 
networks concurrent with the transportation project construction;
     Technology at land and seaports of entry that reduces 
congestion, wait times, and delays, while maintaining or enhancing the 
integrity of our border;
     Work Zone data exchanges or related data exchanges; or
     Other Intelligent Transportation Systems (ITS) that 
directly benefit the project's users or workers, such as a project to 
develop, establish, or maintain an integrated mobility management 
system, a transportation demand management system, or on-demand 
mobility services.
    For innovative safety proposals, the Department will evaluate 
safety benefits that those approaches could produce and the broader 
applicability of the potential results. The Department will also assess 
the extent to which the project uses innovative technology that 
supports surface transportation to significantly enhance the 
operational performance of the transportation system. Please note that 
all innovative technology must be in compliance with 2 CFR 200.216.\29\
---------------------------------------------------------------------------

    \29\ https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216.
---------------------------------------------------------------------------

    Innovative Project Delivery: The Department will consider the 
extent to which the project utilizes innovative practices in 
contracting (such as public-private partnerships and single contractor 
design-build arrangements), congestion management, asset management, or 
long-term operations and maintenance.
    The Department also seeks projects that employ innovative 
approaches to improve the efficiency and effectiveness of the 
environmental permitting and review to accelerate project delivery and 
achieve improved outcomes for communities and the environment. The 
Department's objective is to achieve timely and consistent 
environmental review and permit decisions. Participation in innovative 
project delivery approaches will not remove any statutory requirements 
affecting project delivery.
    Innovative Financing: The Department will assess the extent to 
which the project incorporates innovations in transportation funding 
and finance through both traditional and innovative means, including by 
using private sector funding or financing or using congestion pricing 
or other demand management strategies to address congestion. This 
includes the use of non-traditional sources of transportation funding 
to leverage traditional federal sources of funding to expand the 
overall investment in transportation infrastructure.

------------------------------------------------------------------------
       Score           Innovation criterion             Example
------------------------------------------------------------------------
0.................  The project negatively
                     impacts this project
                     outcome area.
1.................  The project's claimed      Example: The project
                     benefits in this outcome   references the
                     area are plausible but     incorporation of
                     minimal OR the project's   innovative technologies
                     claimed benefits in this   but does not elaborate
                     area are not plausible.    on the benefits of those
                                                technologies or
                                                demonstrate how those
                                                technologies align with
                                                USDOT's innovation
                                                principles.
2.................  The project produces       Example 1: The project
                     nontrivial, positive       incorporates some or
                     benefits in this outcome   limited amount of
                     area that are well         materials or
                     supported by the           construction processes
                     evidence in the            that reduce greenhouse
                     application.               gas emissions.
                                               Example 2: The project
                                                incorporates innovative
                                                technology that advances
                                                USDOT innovation goals
                                                and employs innovative
                                                project delivery methods
                                                that will accelerate
                                                delivery and achieved
                                                improved outcomes.
3.................  The project produces       Example 1: The project
                     significant,               incorporates a
                     transformative benefits    significant amount of
                     in this outcome area,      materials or
                     that are well supported    construction processes
                     by the evidence in the     that reduce greenhouse
                     application.               gas emissions.
                                               Example 2: The project
                                                will generate
                                                significant benefits as
                                                a direct result of
                                                innovative technology,
                                                project delivery
                                                approaches, or
                                                innovative financing.
------------------------------------------------------------------------

iii. Economic Analysis Rating
    The Department will consider a project's benefits as compared to 
its costs to determine whether a project is cost effective and assign 
an economic analysis rating. To the extent possible, the Department 
will rely on quantitative, evidence-based and data-supported analysis, 
in this assessment. Based on the Department's assessment, the 
Department will assign an economic analysis rating of high, medium-
high, medium, medium-low, or low according to the following table:

[[Page 17131]]



------------------------------------------------------------------------
                 Rating                            Description
------------------------------------------------------------------------
High...................................  The project's benefits will
                                          exceed its costs, with a
                                          benefit-cost ratio of at least
                                          1.5.
Medium-High............................  The project's benefits will
                                          exceed its costs.
Medium.................................  The project's benefits are
                                          likely to exceed its costs.
Medium-Low.............................  The project's costs are likely
                                          to exceed its benefits.
Low....................................  The project's costs will exceed
                                          its benefits.
------------------------------------------------------------------------

iv. Project Readiness Rating
    The Department will consider project readiness to assess the 
likelihood of a successful project. In that project readiness analysis, 
the Department will consider three evaluation ratings: Environmental 
Risk, Technical Assessment, and Financial Completeness Assessment. The 
application should contain a section that explicitly addresses 
Environmental Risk, but the Technical Assessment and Financial 
Completeness Assessment will be based on information contained 
throughout the application.
    Environmental Risk assessment analyzes the project's environmental 
approvals and likelihood of the necessary approval affecting project 
obligation, and results in a rating of ``high risk,'' ``moderate 
risk,'' or ``low risk.''
    The Technical Assessment will be reviewed for all eligible 
applications and will assess the applicant's capacity to successfully 
deliver the project in compliance with applicable Federal requirements 
based on factors including the recipient's experience working with 
Federal agencies, civil rights compliance (including compliance with 
Title VI of the Civil Rights Act of 1964 and accompanying DOT 
regulations, the Americans with Disability Act, and Section 504 of the 
Rehabilitation Act), previous experience with Department discretionary 
grant awards and the technical experience and resources dedicated to 
the project. Technical Assessment ratings will be one of the following: 
``certain,'' ``somewhat certain,'' ``uncertain,'' or ``unknown.'' Lack 
of previous project delivery according to Federal requirements is not 
sufficient justification for a rating of ``uncertain,'' but may result 
in a rating of ``unknown.''
    The Financial Completeness Assessment reviews the availability of 
matching funds and whether the applicant presented a complete funding 
package, and will receive a rating of ``complete, ``partially 
complete,'' or ``incomplete.'' For projects that receive a rating of 
``complete'' and include funding estimates that are based on early 
stages of design (e.g., less than 30 percent design) or outdated cost 
estimates, without specified contingency, evaluators may add a comment 
to note the potential for uncertainty in the estimated project costs. 
All applicants should describe a plan to address potential cost 
overruns.
    The Project Readiness Ratings described above will be translated to 
a high, medium-high, medium, medium-low, or low rating, using the table 
below:

----------------------------------------------------------------------------------------------------------------
              Rating                           1                          2                         3
----------------------------------------------------------------------------------------------------------------
Technical Assessment.............  Uncertain: The team is     Somewhat Certain/         Certain: The team is
                                    not confident in the       Unknown: The team is      confident in the
                                    applicant's capacity to    moderately confident in   applicant's capacity to
                                    deliver this project in    the applicant's           deliver the project in
                                    a manner that satisfies    capacity to deliver the   a manner that satisfies
                                    Federal requirements.      project in a manner       Federal requirements.
                                                               that satisfies Federal
                                                               requirements.
Financial Completeness...........  Incomplete Funding: The    Partially Complete/       Complete, Stable and
                                    project lacks full         Appear Stable and         Committed: The
                                    funding, or one or more    Highly Likely to be       Project's Federal and
                                    Federal or non-Federal     Available: Project        non-Federal sources are
                                    match sources are still    funding is not fully      fully committed--and
                                    uncertain as to whether    committed but appears     there is demonstrated
                                    they will be secured in    highly likely to be       funding available to
                                    time to meet the           secured in time to meet   cover contingency/cost
                                    project's construction     the project's             increases.
                                    schedule.                  construction schedule.
Environmental Review and           High Risk: The project     Moderate Risk: The        Low Risk: The Project
 Permitting Risk.                   has not completed or       project has not           has completed NEPA or
                                    begun NEPA and there are   completed NEPA or         it is highly likely
                                    known environmental or     secured necessary         that they will be able
                                    litigation concerns        Federal permits, and it   to complete NEPA and
                                    associated with the        is uncertain whether      other environmental
                                    project.                   they will be able to      reviews in the time
                                                               complete NEPA or secure   necessary to meet their
                                                               necessary Federal         project schedule.
                                                               permits in the time
                                                               necessary to meet their
                                                               project schedule.
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                  Score                                Rating
------------------------------------------------------------------------
All 3's..................................  High.
Two 3's, one 2...........................  Medium-High.
One 3, two 2's...........................  Medium.
All 2's..................................  Medium-Low.
Any 1's..................................  Low.
------------------------------------------------------------------------

v. Additional Considerations
a. Geographic Diversity
    By statute, when selecting MPDG projects, the Department must 
consider contributions to geographic diversity among recipients, 
including the need for a balance between the needs of rural and urban 
communities. The Department will consider whether the project is 
located in an Area of Persistent Poverty or a Historically 
Disadvantaged Community, as defined in Section C of this Notice.
    The Department will also consider whether the project is located in 
the Department or Federally designated area such as a qualified 
opportunity zone, Empowerment Zone, Promise Zone, or Choice 
Neighborhood. Applicants can find additional information about each of 
the designated zones at the sites below:

 Opportunity Zones: (https://opportunityzones.hud.gov/)
 Empowerment Zones: (https://www.hud.gov/hudprograms/empowerment_zones)
 Promise Zones: (https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz)
 Choice Neighborhoods: (https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn)

    A project located in a Federally designated community development 
zone is more competitive than a similar project that is not located in 
a Federally designated community development zone. The Department will 
rely on applicant-supplied information to make

[[Page 17132]]

this determination and will only consider this if the applicant 
expressly identifies the designation in their application.
b. Evaluation of Project Requirements
    The following describes how the Department will evaluate the 
statutory Project requirements for the MPDG opportunity.
    1. The project will generate (or for Mega, ``is likely to 
generate'') national or regional economic, mobility, or safety benefits 
(applicable for Mega, INFRA, and Rural).
    A project meets this determination if the Project Outcome Analysis 
documents national or regional economic, mobility, or safety benefits.
    2. The project will be cost effective (applicable for Mega, INFRA, 
and Rural).
    The Department's determination will be based on its estimate of the 
project's benefits and costs: A project is determined to be cost 
effective if the Department estimates that the project's benefits will 
or are likely to exceed its costs.
    3. The project will contribute to the accomplishment of one or more 
of the goals described in 23 U.S.C. 150 (applicable for INFRA and 
Rural).
    A project meets this requirement if the Project Outcome Analysis 
documents benefits related to one of the following:

    National Goals.--It is in the interest of the United States to 
focus the Federal-aid highway program on the following national 
goals:
    (1) Safety.--To achieve a significant reduction in traffic 
fatalities and serious injuries on all public roads.
    (2) Infrastructure condition.--To maintain the highway 
infrastructure asset system in a state of good repair.
    (3) Congestion reduction.--To achieve a significant reduction in 
congestion on the National Highway System.
    (4) System reliability.--To improve the efficiency of the 
surface transportation system.
    (5) Freight movement and economic vitality.--To improve the 
national freight network, strengthen the ability of rural 
communities to access national and international trade markets, and 
support regional economic development.
    (6) Environmental sustainability.--To enhance the performance of 
the transportation system while protecting and enhancing the natural 
environment.
    (7) Reduced project delivery delays.--To reduce project costs, 
promote jobs and the economy, and expedite the movement of people 
and goods by accelerating project completion through eliminating 
delays in the project development and delivery process, including 
reducing regulatory burdens and improving agencies' work practices.

    4. The project is based on the results of preliminary engineering 
(applicable for INFRA and Rural).
    A project meets this requirement if the application provides 
evidence that at least one of the following activities has been 
completed at the time of application submission: Environmental 
assessments, topographic surveys, metes and bounds surveys, 
geotechnical investigations, hydrologic analysis, hydraulic analysis, 
utility engineering, traffic studies, financial plans, revenue 
estimates, hazardous materials assessments, general estimates of the 
types and quantities of materials, or other work needed to establish 
parameters for the final design.
    5. With respect to related non-Federal financial commitments, one 
or more stable and dependable funding or financing sources are 
available to construct, maintain, and operate the project, and 
contingency amounts are available to cover unanticipated cost increases 
(applicable for Mega and INFRA).
    A project meets this requirement if the application demonstrates 
that financing sources are dedicated to the proposed project and are 
highly likely to be available within the proposed project schedule, and 
if it provides evidence of contingency funding in the project budget.
    6. The project cannot be easily and efficiently completed without 
other Federal funding or financial assistance available to the project 
sponsor (applicable to INFRA) --or-- The project is in significant need 
of Federal funding (applicable to Mega).
    A project meets this requirement if the application demonstrates 
one or more of the following:

    (1) The project scope would be negatively affected if MPDG or 
other Federal funds were not received.
    (2) The project schedule would be negatively affected if MPDG or 
other Federal funds were not received.
    (3) The project cost would materially increase if MPDG or other 
Federal funds were not received.

    7. The project is reasonably expected to begin construction no 
later than 18 months after the date of obligation of funds for the 
project (applicable to INFRA and Rural).
    A project meets this requirement if the proposed project schedule 
and the evaluation of the project readiness evaluation team indicate 
that it is reasonably expected to begin construction not later than 18 
months after obligation.
    8. The applicant has, or will have, sufficient legal, financial, 
and technical capacity to carry out the project (applicable to Mega).
    A project meets this requirement if the EMO team determines, based 
on the assessment of project readiness evaluation teams, that the 
applicant has sufficient legal, financial, and technical capacity to 
carry out the project, as described in Section E.
    9. Small INFRA Projects (applicable to Small INFRA projects).
    For Small INFRA projects to be selected, the Department must 
consider the cost effectiveness of the proposed project, the effect of 
the proposed project on mobility in the State and region in which the 
project is carried out, and the effect of the proposed project on 
safety on freight corridors with significant hazards, such as high 
winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, 
wildlife crossing onto the roadway, or steep grades. The Department 
will consider a small INFRA project's cost effectiveness based on the 
results of the benefit-cost analysis submitted with the application. 
The Department will consider the effect of the proposed project on 
mobility as part of the Economic Impacts and Equity Project Outcome 
Areas. The Department will consider the effect on safety on freight 
corridors with significant hazards as part of the Climate, Safety, and 
Economic Impact Project Outcome areas.
vi. Previous Awards
    The Department may consider whether the project has previously 
received an award from the RAISE, INFRA, or other departmental 
discretionary grant programs.

2. Review and Selection Process

    Section E addresses the statutory requirement that the Department 
describe the methodology that will be used to determine if projects 
satisfy statutory project requirements, how they will be rated 
according to selection criteria and considerations, and how those 
criteria and considerations will be used to assign an overall rating.
    The MPDG evaluation process consists of a Analysis Phase and Senior 
Review Phase. In the Analysis Phase, teams will, for each project, 
determine whether the project satisfies statutory requirements and rate 
how well it addresses the selection criteria using the rating system 
described in section E.1. If an applicant opts out of a specific 
program, then the Department will not consider whether the proposed 
project meets that program's requirements.
    The Senior Review Team will consider the applications and the 
technical evaluations, assign an overall

[[Page 17133]]

rating according to the methodology described above. Once every project 
has been assigned an overall rating for each program, The SRT will 
review if the list of Highly Recommended projects under each program is 
sufficient to satisfy program set-asides and geographic diversity 
requirements. If not, `Recommended' projects may be added to each 
program's proposed list of Projects for Consideration until each 
program's list can satisfy necessary program set asides and geographic 
diversity requirements. The SRT can add a Recommended project only if 
that project directly addresses an identified insufficiency related to 
the program set-asides, geographic diversity requirements, or to ensure 
there are sufficient projects to distribute all available funds, and 
the SRT treats all similarly situated Recommended projects the same.
    For each program, the SRT will present the list of Projects for 
Consideration to the Secretary, either collectively or through a 
representative. The SRT may advise the Secretary on any project on the 
list of Projects for Consideration, including options for reduced 
awards, but the Secretary makes final project selections. The Secretary 
must prioritize selections from among the projects assigned a ``Highly 
Recommended'' Rating. The Secretary's selections identify the 
applications that best address program requirements and are most worthy 
of funding.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment as required by 2 CFR 200.206. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
An applicant may review information in FAPIIS and comment on any 
information about itself that a Federal awarding agency previously 
entered. The Department will consider comments by the applicant, in 
addition to the other information in FAPIIS, in making a judgment about 
the applicant's integrity, business ethics, and record of performance 
under Federal awards when completing the review of risk posed by 
applicants.

F. Federal Award Administration Information

1. Federal Award Notices

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

2. Administrative and National Policy Requirements

i. Safety Requirements
    The Department will require MPDG projects to meet two general 
requirements related to safety. First, MPDG projects must be part of a 
thoughtful, data-driven approach to safety. Each State maintains a 
strategic highway safety plan.\30\ MPDG projects will be required to 
incorporate appropriate elements that respond to priority areas 
identified in that plan and are likely to yield safety benefits. 
Second, MPDG projects will incorporate appropriate safety-related 
activities that the Federal Highway Administration (FHWA) has 
identified as ``proven safety countermeasures'' due to their history of 
demonstrated effectiveness.\31\
---------------------------------------------------------------------------

    \30\ Information on State-specific strategic highway safety 
plans is available at https://safety.fhwa.dot.gov/shsp/other_resources.cfm.
    \31\ Information on FHWA proven safety countermeasures is 
available at: https://safety.fhwa.dot.gov/provencountermeasures/.
---------------------------------------------------------------------------

    After selecting MPDG recipients, the Department will work with 
those recipients on a project-by-project basis to determine the 
specific safety requirements that are appropriate for each award.
ii. Program Requirements
(a) Climate Change and Environmental Justice Impact Consideration
    Each applicant selected for MPDG grant funding must demonstrate 
effort to consider climate change and environmental justice impacts as 
described in Section A. Projects that have not sufficiently considered 
climate change and environmental justice in their planning, as 
determined by the Department, will be required to do so before 
receiving funds for construction, consistent with Executive Order 
14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).\32\
---------------------------------------------------------------------------

    \32\ An illustrative example of how these requirements are 
applied to recipients can be found here: https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions.
---------------------------------------------------------------------------

(b) Equity and Barriers to Opportunity
    Each applicant selected for MPDG grant funding must demonstrate 
effort to improve equity and reduce barriers to opportunity as 
described in Section A. Projects that have not sufficiently considered 
equity and barriers to opportunity in their planning, as determined by 
the Department, will be required to do so before receiving funds for 
construction, consistent with Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government (86 FR 7009).\33\
---------------------------------------------------------------------------

    \33\ An illustrative example of how these requirements are 
applied to recipients can be found here: https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions.
---------------------------------------------------------------------------

(c) Labor and Work
    Each applicant selected for MPDG grant funding must demonstrate, to 
the full extent possible consistent with the law, an effort to create 
good-paying jobs with the free and fair choice to join a union and 
incorporation of high labor standards as described in Section A. To the 
extent that applicants have not sufficiently considered job quality and 
labor rights in their planning, as determined by the Department of 
Labor, the applicants will be required to do so before receiving funds 
for construction, consistent with Executive Order 14025, Worker 
Organizing and Empowerment (86 FR 22829), and Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64335).
    As expressed in section A, equal employment opportunity is an 
important priority. The Department wants to ensure that project 
sponsors have the support they need to meet requirements under E.O. 
11246, Equal Employment Opportunity (30 FR 12319, and as amended). All 
federally assisted contractors are required to make good faith efforts 
to meet the goals of 6.9% of construction project hours being performed 
by women and goals that vary based on geography for construction work 
hours and for work being performed by people of color.\34\ The U.S. 
Department of Labor's Office of Federal Contract Compliance Programs 
(OFCCP) has a Mega Construction Project Program through which it 
engages with project sponsors as early as the design phase to help 
promote compliance with non-discrimination and affirmative action 
obligations. Through the program, OFCCP offers contractors and 
subcontractors extensive compliance assistance, conducts compliance 
evaluations, and helps to build partnerships between the project 
sponsor, prime contractor, subcontractors, and relevant stakeholders. 
OFCCP will identify

[[Page 17134]]

projects that receive an award under this notice and are required to 
participate in OFCCP's Mega Construction Project Program from a wide 
range of federally assisted projects over which OFCCP has jurisdiction 
and that have a project cost above $35 million. DOT will require 
project sponsors with costs above $35 million that receive awards under 
this funding opportunity to partner with OFCCP, if selected by OFCCP, 
as a condition of their DOT award. Under that partnership, OFCCP will 
ask these project sponsors to make clear to prime contractors in the 
pre-bid phase that project sponsor's award terms will require their 
participation in the Mega Construction Project Program. Additional 
information on how OFCCP makes their selections for participation in 
the Mega Construction Project Program is outlined under ``Scheduling'' 
on the Department of Labor website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
---------------------------------------------------------------------------

    \34\ https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf.
---------------------------------------------------------------------------

(d) Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. Each applicant selected for MPDG grant funding must 
demonstrate, prior to the signing of the grant agreement, effort to 
consider and address physical and cyber security risks relevant to the 
transportation mode and type and scale of the project. Projects that 
have not appropriately considered and addressed physical and cyber 
security and resilience in their planning, design, and project 
oversight, as determined by the Department and the Department of 
Homeland Security, will be required to do so before receiving funds for 
construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems.
iii. Other Administrative and Policy Requirements
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by the Department at 
2 CFR part 1201. INFRA and Rural grant funds are made available under 
title 23 of the United States Code and generally subject to the 
requirements of that title. Consistent with 23 U.S.C. 117(l) and 
173(o), for freight projects awarded INFRA grant funds and all projects 
award Rural grant funds, the project will be treated as if it is 
located on a Federal-aid highway. The Department will also treat non-
Freight projects eligible for INFRA funding under 23 U.S.C. 
117(c)(l)(A)(iv-vii) as though they are federal-aid highway projects 
for the purposes of applying federal requirements. For projects awarded 
Mega grant funds, the project will be treated in relation to project's 
modal nature: The requirements of title 23 shall apply to a highway, 
road or bridge project; the requirements of chapter 53 of title 49 of 
the United States Code shall apply to a transit project; the 
requirements of 49 U.S.C. 22905 shall apply to a rail project or 
component; and, the requirements of 49 U.S.C. 5333 shall apply to any 
public transportation component of a project. Additionally, as 
permitted under the requirements described above, applicable Federal 
laws, rules, and regulations of the relevant operating administration 
administering the project will apply to the projects that receive MPDG 
grants, including planning requirements, Stakeholder Agreements, and 
other requirements under the Department's other highway, transit, rail, 
and port grant programs.
    As expressed in Executive Order 14005, Ensuring the Future Is Made 
in All of America by All of America's Workers (86 FR 7475), it is the 
policy of the executive branch to maximize, consistent with law, the 
use of goods, products, and materials produced in, and services offered 
in, the United States. The Mega, INFRA, and Rural programs are 
infrastructure programs subject to the Build America, Buy America Act 
(Pub. L. No 117-58, div. G Sec. Sec.  70901-70927). All INFRA and Rural 
projects are subject to the Buy America requirement at 23 U.S.C. 313, 
as are Mega projects administered by the Federal Highway 
Administration. Mega projects administered by other OAs will be subject 
to the Buy America regime applicable to that OA. The Department expects 
all recipients to be able to complete their project without needing a 
waiver. However, to obtain a waiver, a recipient must be prepared to 
demonstrate how they will maximize the use of domestic goods, products, 
and materials in constructing their project.
    The applicability of Federal requirements to a project may be 
affected by the scope of the NEPA reviews for that project. For 
example, under 23 U.S.C. 313(g), Buy America requirements apply to all 
contracts that are eligible for assistance under title 23, United 
States Code, and are carried out within the scope of the NEPA finding, 
determination, or decision regardless of the funding source of such 
contracts if at least one contract is funded with Title 23 funds. As 
another example, Americans with Disabilities Act (ADA) regulations 
apply to all projects funded under this Notice.
    Recipients of Federal transportation funding will be required to 
comply fully with the ADA, Title VI of the Civil Rights Act of 1964, 
and all other civil rights requirements. The Department's and the 
applicable Operating Administrations' Office of Civil Rights may work 
with awarded projects to ensure full compliance with Federal civil 
rights requirements.
    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying with these requirements, 
recipients, in particular, must ensure that no concession agreements 
are denied or other contracting decisions made on the basis of speech 
or other activities protected by the First Amendment. If the Department 
determines that a recipient has failed to comply with applicable 
Federal requirements, the Department may terminate the award of funds 
and disallow previously incurred costs, requiring the recipient to 
reimburse any expended award funds.
    MPDG projects involving vehicle acquisition must involve only 
vehicles that comply with applicable Federal Motor Vehicle Safety 
Standards and Federal Motor Vehicle Safety Regulations, or vehicles 
that are exempt from Federal Motor Carrier Safety Standards or Federal 
Motor Carrier Safety Regulations in a manner that allows for the legal 
acquisition and deployment of the vehicle or vehicles.

3. Reporting

i. Progress Reporting on Grant Activity
    Each applicant selected for an MPDG opportunity grant must submit 
the Federal Financial Report (SF-425) on the financial condition of the 
project and the project's progress, as well as an Annual Budget Review 
and Program Plan to monitor the use of Federal funds and ensure 
accountability and financial

[[Page 17135]]

transparency in the MPDG opportunity. In addition, Mega grant 
recipients will be required to submit a data collection baseline and a 
Project Outcomes report, as described in Section C.5.i.(c).
ii. Reporting of Matters Related to Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported SAM that is made available in the designated 
integrity and performance system (currently the Federal Awardee 
Performance and Integrity Information System (FAPIIS)) about civil, 
criminal, or administrative proceedings described in paragraph 2 of 
this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.
iii. Program Evaluation
    As a condition of grant award, grant recipients may be required to 
participate in an evaluation undertaken by DOT or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. We may require applicants to collect data elements to aid 
the evaluation. As a part of the evaluation, as a condition of award, 
grant recipients must agree to: (1) Make records available to the 
evaluation contractor; (2) provide access to program records, and any 
other relevant documents to calculate costs and benefits; (3) in the 
case of an impact analysis, facilitate the access to relevant 
information as requested; and (4) follow evaluation procedures as 
specified by the evaluation contractor or DOT staff.
    Recipients and subrecipients are also encouraged to incorporate 
program evaluation including associated data collection activities from 
the outset of their program design and implementation to meaningfully 
document and measure their progress towards meeting an agency priority 
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act 
of 2018 (Evidence Act), Public Law 115-435 (2019) urges federal 
awarding agencies and federal assistance recipients and subrecipients 
to use program evaluation as a critical tool to learn, to improve 
equitable delivery, and to elevate program service and delivery across 
the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency.'' Evidence Act Sec.  101 (codified at 5 U.S.C. 311). 
Credible program evaluation activities are implemented with relevance 
and utility, rigor, independence and objectivity, transparency, and 
ethics (OMB Circular A-11, Part 6 Section 290).
    For grant recipients receiving an award, evaluation costs are 
allowable costs (either as direct or indirect), unless prohibited by 
statute or regulation, and such costs may include the personnel and 
equipment needed for data infrastructure and expertise in data 
analysis, performance, and evaluation. (2 CFR part 200).

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Office of the Secretary via email at [email protected]. In addition, up 
to the application deadline, the Department will post answers to common 
questions and requests for clarifications on the Department's website 
at https://www.transportation.gov/grants/mpdg-frequently-asked-questions. To ensure applicants receive accurate information about 
eligibility or the program, the applicant is encouraged to contact the 
Department directly, rather than through intermediaries or third 
parties, with questions. Department staff may also conduct briefings on 
the MPDG Transportation grant selection and award process upon request.

H. Other Information

1. Protection of Confidential Business Information

    All information submitted as part of, or in support of, any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    The Department protects such information from disclosure to the 
extent allowed under applicable law. In the event the Department 
receives a Freedom of Information Act (FOIA) request for the 
information, the Department will follow the procedures described in its 
FOIA regulations at 49 CFR 7.17. Only information that is ultimately 
determined to be confidential under that procedure will be exempt from 
disclosure under FOIA.

2. Publication of Application Information

    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations and 
funding amounts. Except for the information properly marked as 
described in Section H, the Department may make application narratives 
publicly available or share application information within the 
Department or with other Federal agencies if the Department determines 
that sharing is relevant to the respective program's objectives.
    As required by statute the Department will also publish the overall 
rating for each project seeking Mega Project funds.

3. Department Feedback on Applications

    The Department strives to provide as much information as possible 
to assist applicants with the application process. The Department will 
not review applications in advance, but Department staff are available 
for technical questions and assistance. To efficiently use Department 
resources, the Department will prioritize interactions with applicants 
who have not already received a debrief on their FY 2021 INFRA 
application. Program staff will address questions to [email protected] 
throughout the application period.

4. Prohibition on Use of Funds To Support or Oppose Union Organizing

    MPDG funds may not be used to support or oppose union organizing, 
whether directly or as an offset for other funds.

5. MPDG Extra, Eligibility and Designation

    The MPDG Extra initiative is aimed at encouraging sponsors with 
competitive projects that do not receive an MPDG

[[Page 17136]]

award to consider applying for TIFIA credit assistance.
    Projects for which a MPDG application receives a Highly Recommended 
rating, as described in Section E, but that are not awarded, are 
automatically designated MPDG Extra Projects, unless the Department 
determines that they are not reasonably likely to satisfy the TIFIA 
project type (23 U.S.C. 601(a)(12)) and project size (23 U.S.C. 
602(a)(5)) eligibilities. This designation provides the sponsors of 
these projects the opportunity to apply for TIFIA credit assistance for 
up to 49% of eligible project costs. Under current policy, TIFIA credit 
assistance is limited to 33% of eligible project costs unless the 
applicant provides strong rationale for requiring additional 
assistance.
    Projects designated as MPDG Extra Projects will be announced by the 
Secretary after MPDG award announcements are made.
    For further information about the TIFIA program in general, 
including details about the types of credit assistance available, 
eligibility requirements and the creditworthiness review process, 
please refer to the Build America Bureau Credit Programs Guide, 
available on the Build America Bureau website: https://www.transportation.gov/buildamerica/financing/program-guide.
    Disclaimer: A MPDG Extra Project designation does not guarantee 
that an applicant will receive TIFIA credit assistance, nor does it 
guarantee that any award of TIFIA credit assistance will be equal to 
49% of eligible project costs. Receipt of TIFIA credit assistance is 
contingent on the applicant's ability to satisfy applicable 
creditworthiness standards and other Federal requirements.

    Issued in Washington, DC, on March 22, 2022.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2022-06350 Filed 3-24-22; 8:45 am]
BILLING CODE 4910-9X-P

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