Regional Infrastructure Accelerator Demonstration Program, 25728-25736 [2023-08907]

Agencies

• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25728-25736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08907]


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DEPARTMENT OF TRANSPORTATION


Regional Infrastructure Accelerator Demonstration Program

AGENCY: Build America Bureau, U.S. Department of Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Build America Bureau (the Bureau) is issuing this NOFO to 
solicit applications from eligible parties for $24 million in Regional 
Infrastructure Accelerator (RIA) grants. RIA grants assist entities in 
developing improved infrastructure priorities and financing strategies 
for the accelerated development of a project that is eligible for 
funding under the Transportation Infrastructure Finance and Innovation 
Act (TIFIA) Credit Program under Chapter 6 of Title 23, United States 
Code. These grants are intended to support RIAs that: (1) serve a 
defined geographic area; (2) act as a resource to qualified entities in 
the geographic area; and (3) demonstrate the effectiveness of the RIA 
to expedite the delivery of projects eligible for the TIFIA credit 
program. Projects are not required to apply for or receive TIFIA credit 
assistance to be eligible; however, applicants who are considering the 
appropriateness of innovative financing methods to accelerate the 
delivery of eligible projects are strongly encouraged to apply.

SUPPLEMENTARY INFORMATION: Each section of this notice contains 
information and instructions relevant to the application process for 
the RIA grants. All applicants should read this notice in its entirety 
so that they have the information they need to submit eligible and 
competitive applications.

Table of Contents

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

A. Program Description

    1. Background: The Bureau is responsible for driving transportation 
infrastructure development projects in the United States through 
innovative financing programs. Its mission is to provide access to the 
Bureau's credit programs in a streamlined, expedient, and transparent 
manner. In accomplishing its mission, the Bureau also provides 
technical assistance and encourages innovative best practices in 
project planning, financing, delivery, and monitoring. The Bureau draws 
upon the full resources of DOT to best utilize the expertise of DOT's 
Operating Administrations while promoting a culture of innovation and 
customer service. Section 1441 of the FAST Act \1\ authorized the 
Program. In 2021, the Bureau selected the first five Regional 
Infrastructure Accelerators: (1) Fresno Council of Governments, (2) 
Chicago Metropolitan Agency for Planning, (3) Northeast Ohio Areawide 
Coordinating Agency (4), San Diego Association of Governments, and (5) 
Pacific Northwest Economic Region. In 2022, five additional Regional 
Infrastructure Accelerators were selected: (1) Central Ohio Transit 
Authority (COTA), (2) Dona Ana County, New Mexico, (3) Panhandle 
Regional Planning Commission, Texas, (4) Resilient SR 37 Program, 
California and, (5) Suffolk County, New York Midway Crossing Project. 
The Consolidated Appropriations Act, 2022,\2\ appropriated $12 million 
for the Program and the Consolidated Appropriations Act, 2023,\3\ 
appropriated an additional $12 million for the Program, which are 
collectively the source of funding for this NOFO.
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    \1\ Public Law 114-94, 129 Stat. 1312, 1435 (Dec. 4, 2015).
    \2\ Public Law 117-103, div. L, tit. I, 136 Stat. 49, 699 (Mar. 
15, 2022).
    \3\ Public Law 117-328, div. L, tit. I (Dec. 29, 2022).
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    The intent of this Program is to demonstrate and evaluate the 
viability and effectiveness of a small number of accelerators in 
expediting the development and delivery of specific transportation 
projects within the geographic area of each RIA designated by the 
Bureau. It is the intent of the Bureau to expand the Program coverage 
building on the earlier designation of RIAs. Therefore, the Bureau 
continues to be keenly interested in testing several RIA models to 
address needs based on common transportation infrastructure make-up and 
challenges within regions, particularly those with less capacity or 
experience in using innovative financing and project delivery methods, 
and those supporting eligible entities that are likely to be first time 
users of the Bureau's credit programs, such as the TIFIA credit 
program. The Bureau plans to select between six and ten RIAs for awards 
under this program based on proposals submitted by eligible applicants 
in response to this notice. Ideally, when considering both the first 
and the second rounds of awards under this program, there will be a 
diversity of RIAs selected for awards based on geography (e.g., rural, 
urban, disadvantaged community), organizational structure (e.g., within 
a State or Metropolitan Planning Organization), operational business 
model and focus.
    2. Regional Designation: For the purpose of this Program, the 
Bureau will consider regional designation as broadly defined in the 
following categories:
    a. State or Multi-State: An RIA that serves one State or a group of 
State entities with common interest in transportation projects being 
delivered.
    b. Urban or Metropolitan Planning Organization (MPO): An RIA that 
serves a local government or group of local jurisdictions with 
transportation functions within a metropolitan area.

[[Page 25729]]

For this Program, if the RIA serves MPOs sharing State boundaries, it 
would be considered under this category.
    c. Rural: An RIA that serves a region of rural communities as 
defined in this notice. An RIA serving multiple rural communities 
across state lines would be considered under this category. To be 
considered a rural RIA, most of the projects listed in the proposal 
must meet the definition of rural in Section C.5 of this notice.
    d. Other: Any proposal that includes multiple jurisdictions with 
shared priorities and interest, such as a river basin, transportation 
corridor, etc.
    3. Program Goals: The primary intent for the Program is to 
establish regional infrastructure accelerators to assist entities in 
accelerating TIFIA-eligible projects through innovative financing 
strategies. This assistance can be in the form of any of the following, 
based on the needs of the project(s) that the applicant proposes to 
assist:
    a. Project planning;
    b. Studies and analysis, including feasibility, market analysis, 
project costs, cost-benefit analysis, value for money, public benefit, 
economic assessments, and environmental reviews;
    c. Revenue forecasting, funding and financing options analyses, 
application of best practices, innovative financing/procurement, and 
public-private partnerships, where appropriate;
    d. Preliminary engineering and design work;
    e. Statutory and regulatory compliance analyses;
    f. Evaluation of opportunities for private financing, project 
bundling and/or phasing;
    g. Enhancement of rural project sponsors' capacity to use the TIFIA 
credit program and to the extent applicable, the RRIF credit program, 
PABs, and other innovative financing methods, helping to bundle 
projects across multiple smaller jurisdictions to create a project at a 
scale that is more appropriate for the Bureau's credit assistance, and 
pool the jurisdictions' resources to apply for TIFIA credit assistance 
and, to the extent applicable, RRIF credit assistance and PABs, as well 
as leveraging DOT's Rural Opportunities to Use Transportation for 
Economic Success (ROUTES) Initiatives' \4\ products and offerings; and
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    \4\ https://www.transportation.gov/rural.
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    h. Other direct, project-specific support as appropriate.
    Funding, in the form of and pursuant to a cooperative agreement, 
will be provided for a period of two years, with an option for a third 
year for an RIA that meets or exceeds agreed-upon performance targets 
and subject to the availability of funding. Competitive proposals that 
demonstrate long-term self-sustainability will be given greater 
consideration. The Bureau intends to work closely with grant recipients 
in developing and, as applicable, financing projects within the RIA's 
geographic area.
    4. Changes from the FY 2022 NOFO: This FY 2023 Regional 
Infrastructure Accelerator Demonstration Program NOFO updates the FY 
2022 NOFO to further reflect this Administration's priorities for 
creating good-paying jobs, improving safety, applying transformative 
technology, and explicitly addressing climate change and advancing 
racial equity. Therefore, the Bureau added transit-oriented development 
(TOD) as an additional point of consideration under the Transformative 
Projects criterion to clarify how the long-term project outcomes should 
align with the Administration's priorities in a competitive 
application. While the Program is not exclusive to TOD projects, 
proposals to aid projects that incorporate (1) economic development and 
related infrastructure activities and (2) public infrastructure/joint 
development opportunities will be more competitive than those that do 
not. Applicants should refer to Section E of this NOFO for descriptions 
of the selection criteria, including the new Transformative Projects 
criterion. Additionally, this NOFO clarifies what would be required of 
the Applicant to receive a STRONG rating for evaluation Criteria, where 
applicable, as further described in Section E.1.

B. Federal Award Information

    The Bureau hereby requests applications from all interested parties 
to result in the award of between six and ten cooperative agreement(s), 
each containing substantial involvement on the part of the Federal 
government in accordance with 31 U.S.C. 6305. The Bureau anticipates 
substantial involvement between it and the recipient during this 
Program, which will include:
     Technical assistance and guidance to the recipients;
     Close monitoring of performance;
     Involvement in technical decisions; and
     Participation in status meetings including kick off 
meeting and annual technical and budget reviews.
    1. Program Funding and Awards:
    a. Number of Awards: The Bureau intends to select between six and 
ten RIAs, based on the number and viability of applications.
    b. Size of Award: A total of $24 million is available for this 
Program. The size of individual awards will be determined by the number 
of RIAs selected and the funding needed for each to meet the Program 
objectives. Depending on the strength of applications and total amount 
requested, the Bureau anticipates providing grants in the range of $2 
million to $4 million to establish between six and ten new RIAs. 
However, the Bureau may make smaller or larger awards depending on the 
applications received.
    2. Funding Period: The Bureau intends to award funds on a yearly 
basis for a base period of two years under a cooperative agreement. A 
third option year of funding may be provided subject to RIA performance 
and the availability of funds.

C. Eligibility Information

    1. Eligible Applicants: To be selected as an RIA, an applicant must 
be an eligible applicant. An eligible applicant is: A U.S. public 
entity, including a state, multi-state or multi-jurisdictional group, 
municipality, county, a special purpose district or public authority 
with a transportation function including a port authority, a tribal 
government or consortium of tribal governments, MPO, regional 
transportation planning organization (RTPO), Regional Transportation 
Commission, or a political subdivision of a State or local government, 
or combination of two or more of the foregoing.
    If more than one public entity is applying in a single proposal, 
one of the entities must be designated as the lead applicant. Such 
applicant will be authorized to negotiate and enter into a cooperative 
agreement with the Government on behalf of the entities, will be 
responsible for performance, and will be accountable for Federal funds. 
Applications will be accepted from a partnership between one or more 
eligible applicants and another U.S. party, such as a private entity, 
consulting or engineering firms, etc., as long as one of the eligible 
public entities is designated as the lead applicant and that entity 
will enter into the cooperative agreement, with the shared goal of 
establishing and operating the RIA. The location of all RIA application 
parties, their entire jurisdictions and all proposed projects must be 
located solely in the United States and its territories. Proposed 
projects and project sponsors must meet the eligibility requirements 
for TIFIA credit assistance as further defined in Chapter 3 of the 
Bureau's

[[Page 25730]]

Credit Program Guide (https://www.transportation.gov/sites/buildamerica.dot.gov/files/2019-08/Bureau%20Credit%20Programs%20Guide_March_2017.pdf#page=29). In 
addition, the Bureau will consider the extent to which an applicant 
demonstrates the capacity to accelerate projects eligible for the TIFIA 
credit program using innovative financing strategies, including but not 
limited to the TIFIA and RRIF credit programs, PABs, project bundling, 
and private investment. Further, the Bureau will consider applications 
from any RIA that was designated pursuant to the prior NOFO to the 
extent that funding is available, and only after giving primary 
consideration to applicants who have not received any funding under 
this Program.
    2. Cost sharing or Matching: There is no requirement for cost 
sharing or matching the grant funds.
    3. Other: For the purposes of this Program, the following terms 
apply:
    a. Rural Infrastructure Project: Consistent with the definition of 
``rural infrastructure project'' for the TIFIA credit program, 
``rural'' for the purposes of this notice is defined as a surface 
transportation infrastructure project located outside of an urban area 
with a population greater than 150,000 individuals, as determined by 
the Bureau of the Census in the 2020 decennial Census (https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural.html).
    b. A proposed region whose geographic authority is in both an urban 
and a rural area will be designated as urban if the majority of the 
projects listed in the proposal are in urban areas. Conversely, a 
proposed region located in both an urban area and a rural area will be 
designated as rural if the majority of the projects listed in the 
proposal are in rural areas.
    c. Urban/Rural Project determination: A project located in both an 
urban and a rural area will be designated as urban if less than \1/2\ 
of the project's costs are spent in a rural area. If \2/3\ or more of a 
project's costs are spent in a rural area, the project will be 
designated as rural. For projects where between \1/2\ and \2/3\ of 
their costs are in a rural area, the project will be designated as 
rural if the applicant demonstrates that \2/3\ or more of the project's 
benefits accrue to users in rural areas; if the applicant does not make 
such demonstration, the project will be designated as urban.

D. Application and Submission Information

    1. Address to Request Application Package: Applicants must submit 
all applications through www.Grants.gov. Instructions for submitting 
applications can be found at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program.
    2. Content and Form of Application Submission: The application must 
include the Standard Form 424 (Application for Federal Assistance), 
cover page, and the application narrative.
    a. Cover Page: Each application should include a cover page that 
contains, at minimum, name of the applicant and sponsor, if applicable, 
the location; the region of designation; category of designation for 
which the applicant is to be considered; and RIA budget amount.
    b. Application Narrative: The application narrative should follow 
the basic outline below to address the Program requirements and assist 
evaluators in locating relevant information.

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                 Section                         Section explained
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(1) Applicant............................  See D.2.c(1).
(2) Description of Proposed Geographic/    See D.2.c(2).
 Jurisdictional Region.
(3) Accelerator Proposal.................  See D.2.c(3).
(4) Budget, Sources and Uses for Full      See D.2.c(4).
 Accelerator Funds.
(5) Selection Criteria...................  See D.2.c(5).
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    The application narrative should include the information necessary 
for the Bureau to determine that the applicant(s) proposed regional 
focus, the overall accelerator proposal, list of intended projects, 
budget, and other information satisfy the eligibility requirements set 
forth in this notice as described in Section C and to assess the 
selection criteria specified in Section E.1. To the extent practicable, 
applicants should provide supporting data and documentation in a form 
that is directly verifiable by the Bureau. The Bureau may ask any 
applicant to supplement data in its application but expects 
applications to be complete upon submission.
    c. Additional Application Requirements: In addition to the 
information requested elsewhere in this notice, the proposal should 
include a table of contents, maps, and graphics, as appropriate, to 
make the information easier to review. The Bureau recommends that the 
proposal be prepared with standard formatting preferences (a single-
spaced document, using a standard 12-point font such as Times New 
Roman, with 1-inch margins). The proposal narrative should not exceed 
30 pages in length, excluding cover pages and table of contents. The 
only substantive portions that may exceed the 30-page limit are 
documents supporting assertions or conclusions made in the 30-page 
project narrative. If possible, applicants should provide website links 
to supporting documentation 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. The 
Bureau recommends using appropriately descriptive file names (e.g., 
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding'' and 
``Letters of Support,'' etc.) for all attachments.
    (1) Applicant: This section of the narrative should include 
information describing the organizational structure and formal/informal 
relationships between parties associated with the RIA application. It 
should directly address the eligibility requirements discussed in 
section C.1 of this notice. The applicant should use this section to 
explain the organization's history, qualifications, and experience of 
key individuals who will be working in the proposed RIA. This section 
should also include descriptions of previous projects relevant to the 
RIA's activities envisioned in this notice that the organization or its 
individuals completed. The narrative should place the projects into a 
broader context of transportation infrastructure investments being 
pursued by the proposed RIA and its sponsors, and how it will benefit 
communities within the region.
    (2) Description of Proposed Geographic/Jurisdictional Region: This 
portion of the narrative should precisely identify the geographic 
region, the jurisdictions, and the agencies the RIA would serve and 
identify which of the four categories of RIA identified in Section A.2 
that this proposal falls under and explain why. The narrative should 
explain the commonalities and shared interests of parties in the 
proposed region as the rationale for establishing a region of this 
construct, along with the affiliations within the proposed region. 
Consistent with the Department's ROUTES Initiative (https://www.transportation.gov/rural), the Department encourages applicants to 
describe how activities proposed in their application would address the 
unique challenges facing rural transportation networks, regardless of

[[Page 25731]]

the geographic location of those activities.
    (3) Accelerator Proposal: This section of the narrative should 
explain how the applicant(s) propose to establish the RIA and the 
concept of how it would operate and provide the project-specific 
services identified in Section A of this notice, along with a proposed 
timeline for establishing the RIA, with key milestones and suggested 
performance targets during its operational phase. The applicant should 
describe, in sufficient detail, the applicant's approach to identifying 
and building the pipeline of projects to be undertaken and how they 
will develop such projects utilizing their experience and expertise and 
identify an initial pipeline of projects that are eligible for TIFIA 
credit assistance and, to the extent applicable, RRIF credit 
assistance, PABs, and other innovative financing methods. The narrative 
should also contain a list of projects that the applicant(s) propose to 
assist under the RIA. This list, to the extent possible, should 
include, at a minimum:
     Project name and location;
     Project sponsor;
     Description;
     Bureau program most likely to apply (TIFIA, RRIF, PABs);
     Support activities the applicant envisions the RIA would 
provide
     Project costs; and
     Project timeline.
    (4) Budget, Sources, and Uses for Full Accelerator Funds: The 
applicant should include a proposed financial plan and budget including 
the Federal grant amount requested, non-Federal matching funds, in-kind 
contributions, and other sources. The proposed plan should also include 
a list of activities and projects as well as all associated costs of 
the proposed RIA. For non-Federal matching funds, the application 
should identify the sources as well as supporting documentation 
indicating the degree to which those funds are committed and dates of 
their availability. If the applicant proposes that the RIA will reach a 
point of long-term self-sustainability, the narrative should include a 
description of how this would happen, and where the long-term funds 
would be generated.
    (5) Selection Criteria: This section of the application should 
demonstrate how the application aligns with the criteria described in 
Section E.1 of this notice. The Bureau intends to select and designate 
RIA that demonstrate in their proposal the ability to effectively 
assist entities in developing improved infrastructure priorities and 
financing strategies for the accelerated development of one or more 
projects eligible for funding under the TIFIA program. DOT will 
consider the extent to which an RIA is likely to effectively promote 
investment in eligible projects, develop a pipeline of regional 
transportation projects, and result in the implementation of projects 
with innovative financing methods.
    The Bureau encourages applicants to either address each criterion 
or expressly state that the project does not address the criterion. 
Applicants are not required to follow a specific format, but the 
outline suggested addresses each criterion separately and promotes a 
clear discussion that assists project evaluators. To minimize redundant 
information in the application, the Bureau encourages applicants to 
cross-reference from this section of their application to relevant 
substantive information in other sections of the application. The 
guidance in this section is about how the applicant should organize 
their application. Guidance describing how the Bureau will evaluate 
projects against the Selection Criteria is in Section E.1 of this 
notice. Applicants also should review that section before considering 
how to organize their application.
    Executive Order 13858 directs the Executive Branch Departments and 
agencies to maximize the use of goods, products, and materials produced 
in the United States through the terms and conditions of Federal 
financial assistance awards. If selected for an award, grant recipients 
must be prepared to demonstrate how they will maximize the use of 
domestic goods, products, and materials, as applicable, in establishing 
and operating the RIA. Additionally, recipients should be prepared to 
demonstrate in their application how the RIA addresses the goals and 
priorities of the Department's strategic plan (https://www.transportation.gov/dot-strategic-plan). These include: (1) Safety, 
(2) Economic Strength and Global Competitiveness, (3) Climate and 
Sustainability, (4) Transformation, and (5) Organizational Excellence. 
These can include projects that: (1) Are consistent with the National 
Roadway Safety Strategy, (2) Improves access or provides economic 
growth opportunities for underserved, overburdened, or rural 
communities, (3) Considers climate change and sustainability impacts in 
its planning and construction, (4) Have innovative approaches or 
delivery methods, and (5) Support Organizational Excellence.
    3. Unique Entity Identifier (UEI) and System for Award Management 
(SAM): Each applicant must: (1) be registered in SAM before submitting 
its application; (2) provide a valid UEI in its application; and (3) 
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 RIA grant to an applicant until the applicant has 
complied with all applicable UEI and SAM requirements and, if an 
applicant has not fully complied with the requirements by the time the 
Department is ready to make a grant, the Department may determine that 
the applicant is not qualified to receive a grant and use that 
determination as a basis for making a grant to another applicant.
    4. Submission Dates and Timelines:
    a. Deadline: Applications in response to this NOFO must be 
submitted through Grants.gov by 11:59 p.m. EST 30 days after 
publication. The Grants.gov ``Apply'' function will open on the date of 
publication. The Bureau may hold NOFO information session(s) before the 
due date.
    To apply through Grants.gov, applicants must:
    (1) Obtain a Unique Entity Identifier (UEI);
    (2) Register with SAM at www.sam.gov; and
    (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 
4-6 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 a 
https://www.grants.gov/web/grants/applicants/applicant-faqs.html. If 
interested parties experience difficulties at any point during the 
registration or application process, please call the Grants.gov 
Customer Service Support Hotline at 1(800) 518-4726, Monday-Friday from 
7:00 a.m. to 9:00 p.m. EST.
    5. Intergovernmental Review: Applications under this NOFO are not 
subject to the State review under E.O. 12372.
    6. Funding Restrictions: The DOT will not reimburse any pre-award 
costs or application preparation costs under this

[[Page 25732]]

proposed agreement. Construction of any project being contemplated or 
aided by the proposed RIA is not an allowable activity under this 
grant. All non-domestic travel must be approved in writing by the DOT 
designated agreement officer prior to incurring costs. Travel 
requirements under the cooperative agreement will be met using the most 
economical form of transportation available. If economy class 
transportation is not available, the request for payment vouchers must 
be submitted with justification for use of higher-class travel 
indicating dates, times, and flight numbers.
    7. Other Submission Requirements:
    a. Submission Location: Application must be submitted to 
Grants.gov.
    b. 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.
    c. Civil Rights: Applications should demonstrate that the recipient 
has a plan for compliance with civil rights obligations and 
nondiscrimination laws, including Title VI of the Civil Rights Act of 
1964 and implementing regulations (49 CFR 21), the Americans with 
Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation 
Act, and accompanying regulations. This may include, as applicable, 
providing a Title VI plan, community participation plan, and other 
information about the communities that will be benefited and impacted 
by the project. The Department's and DOT Offices of Civil Rights may 
provide resources and technical assistance to recipients to ensure full 
and sustainable compliance with Federal civil rights requirements.
    d. Late Applications: 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 username of the 
registrant and details of the technical issue experienced. The 
applicant must provide:
     Details of the technical issue experienced;
     Screen capture(s) of the technical issues experienced 
along with corresponding
     Grants.gov ``Grant tracking number'';
     The ``Legal Business Name'' for the applicant that was 
provided in the SF-424;
     The AOR name submitted in the SF-424;
     The UEI number associated with the application; and
     The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its 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, USDOT staff will contact late applicants to approve 
or deny a request to submit a late application through Grants.gov. If 
the reported technical issues cannot be validated, late applications 
will be rejected as untimely.

E. Application Review Information

    1. Criteria: This section specifies the criteria that the Bureau 
will use to evaluate and award applications for Program grants. The 
criteria incorporate statutory eligibility requirements. For each 
proposed RIA, the Bureau will review the application for the criteria 
described in this section. The Bureau does not consider any criterion 
more important than the others.
    The Bureau does not consider cost sharing as an independent 
criterion, and proposed cost sharing is considered in an application's 
merit evaluation only to the extent it is relevant to the criteria 
enumerated below in sections E.1.a-k, including Partnerships, Business 
Model, Readiness, Value, Equity and Accessibility, and Self-
Sustainability.
    a. Experience/Qualifications: The Bureau will assess whether and to 
what extent the applicant(s):
     Possess the ability to evaluate and promote innovative 
financing methods for local projects including the use of TIFIA and 
RRIF and other Federal assistance programs where applicable;
     Possess the ability to provide technical assistance on 
best practices with respect to financing projects;
     Have experience in increasing transparency with respect to 
infrastructure project analysis and using innovative financing for 
public infrastructure projects;
     Have experience in deploying predevelopment capital 
programs designed to facilitate the creation of a pipeline of 
infrastructure projects available for investment;
     Have a history of successfully bundling smaller-scale and 
rural projects into larger proposals that may be more attractive for 
private investment;
     Have demonstrated success in reducing transaction costs 
for public project sponsors;
     Demonstrate the capacity to accelerate projects eligible 
for the TIFIA credit program through the use of innovative financing 
strategies such as the TIFIA and RRIF credit programs, and PABs, but 
also other strategies such as project bundling, grant anticipation 
revenue vehicles, and incorporating private capital;
     Have experience in the development of project financial 
plans, including developing capital structures and identifying funding 
and financing sources, as well as a demonstrated track record for 
achieving financial close; and
     Have experience in working with private sector project 
sponsors and disadvantaged communities, including but not limited to 
rural and low resources communities, as well as working on 
revitalization projects.
    An applicant that demonstrates substantial experience of 10 years 
or more in the development and delivery of projects, including the use 
of alternative delivery methods such as design-build and/or public-
private partnerships as related to the items above, and innovative 
financing particularly the use of TIFIA, RRIF, or PABs will receive a 
STRONG rating in this criterion. Those who demonstrate between 5 and 9 
years or more in the development and delivery of projects will receive 
a MODERATE rating in this category and those who demonstrate less than 
5 years of experience in the development and delivery of projects will 
received a MARGINAL in this rating category.
    b. Partnerships: The Bureau will consider the extent to which 
applicant(s) demonstrate strong collaboration among a broad range of 
stakeholders in the proposed geographic area of the RIA. Applications 
with strong partnerships typically involve multiple partners in project 
development, funding, and finance. The Bureau will consider applicants 
that partner with State, local, and private entities for the 
development, funding, financing, and delivery of transportation 
projects to have strong partnerships. Evaluators will also consider the 
relationship of the RIA with its constituencies and authorities granted 
by them. The Bureau will assess the ability of the proposed RIA to 
develop projects quickly and effectively by having the support of its 
members and

[[Page 25733]]

working across jurisdictions. An applicant that can demonstrate 
effective partnerships with the public sector, the private sector, and 
academic entities will receive a STRONG rating in this criterion. 
Partnerships that include participation in other Federal technical 
assistance and capacity building programs as part of the Thriving 
Communities Network, which includes DOT and HUD's Thriving Communities 
Programs, USDA's Rural Partners Network, and the Department of Commerce 
Economic Recovery Corps (https://www.transportation.gov/federal-interagency-thriving-communities-network) will receive a STRONG rating. 
An applicant that can demonstrate an effective partnership with at 
least one of the aforementioned entities (public, private, academic) 
will receive a MODERATE rating in this criterion and those who cannot 
demonstrate any partnerships will receive a MARGINAL rating. For some 
best practices on establishing partnerships, please see DOT's Promising 
Practices for Meaningful Public Involvement in Transportation Decision-
Making at https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making.
    c. Business Model: The Bureau will assess the thoroughness, 
viability, and efficiency that the applicant(s) can establish the RIA, 
commence operations, and deliver project-specific outcomes. In 
conducting this assessment, evaluators will consider:
     The effort, cost, and actions necessary to initially 
establish the proposed RIA, including workspaces, fixed and variable 
costs, staffing, and the development of relationships necessary to 
function effectively in the proposed region.
     How the proposed RIA will operate once established, 
including costs, organization, efficiency, availability of the 
technical expertise and resources needed to accelerate project 
delivery, work plan, and time required to achieve operational status.
    An applicant that can demonstrate the ability to stand up the RIA 
and achieve operations status within 6 months of executing a 
cooperative agreement will receive a STRONG rating in this criterion. 
Those who can demonstrate the ability to begin operations within 9 
months will receive a MODERATE rating in this criterion and those who 
cannot demonstrate that the RIA will be operational within 9 months 
will receive a MARGINAL.
    d. Pipeline: The Bureau will consider the proposed pipeline of 
projects and assess whether and to what extent they are likely to be 
eligible projects and appropriate for development activities as set 
forth in this notice. The proposed pipeline must include one or more 
projects likely to be eligible for TIFIA credit assistance. In 
evaluating this criterion, the Bureau will consider the number of 
eligible projects in the pipeline, the degree of local/regional support 
of the projects, and the project status and timeline as they relate to 
the likelihood the RIA can impact the project during the performance 
period of the cooperative agreement. Evaluators will also assess the 
degree to which the skills/experience of the applicant(s) are 
appropriate for the proposed projects. The Bureau will also evaluate 
the viability and proposed approach the applicant(s) have developed for 
attracting new projects into the RIA's pipeline of projects and how 
they propose to assist and monitor the development of those projects. 
An applicant that can demonstrate one or more projects in their 
pipeline that are likely eligible for TIFIA credit assistance, provide 
at least two letters indicating the degree of local/regional support 
for the projects and demonstrate a timeline that makes receipt of TIFIA 
credit assistance likely within the RIA performance period will receive 
a STRONG rating in this criterion. Those who can demonstrate at least 
one or more projects in their pipeline that are likely eligible for 
TIFIA credit assistance and provide at least one letter indicating the 
degree of local/regional support for the project(s), but whose 
likelihood of receipt of TIFIA credit assistance is not within the RIA 
performance period will receive a MODERATE rating in this criterion. 
Those who can demonstrate at least one or more projects in their 
pipeline that are likely eligible for TIFIA credit assistance but 
cannot provide any documentation indicating the degree of local/
regional support for the project(s) or any likelihood of receipt of 
TIFIA credit assistance at any point during the RIA performance period 
will receive a MARGINAL rating.
    e. Readiness: The Bureau will consider the extent to which the 
proposed RIA is prepared to commence operations and begin achieving 
project-specific results. Evaluators will also assess the viability of 
the proposed budget as it relates to the establishment and successful 
operations of the RIA as proposed. In considering this criterion, 
evaluators will also determine the likelihood that proposed milestones 
will be subject to delay and/or cost overruns and the risk that key 
milestones might be missed due to internal or external factors. 
Evaluators will also consider the readiness of the proposed RIA to 
commence operations, including but not limited to:
     Availability of facilities and equipment necessary to 
function;
     Existing governance structure as compared to proposed 
future structure; and
     Ability of existing relationships to rapidly deliver 
results.
    An applicant that can demonstrate an effective plan to commence 
operations in at least the three aforementioned categories will receive 
a STRONG rating in this criterion. Those who can demonstrate an 
effective plan to commence operations in at least two will receive a 
MODERATE and those who cannot demonstrate an effective plan to commence 
operations in any of the above three categories will receive a MARGINAL 
rating.
    f. Underserved Communities: In support of Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (86 FR 7009), the Department encourages 
applicants to consider how the project will address the challenges 
faced by individuals and underserved communities, including rural areas 
and other areas of persistent poverty.
    Where applicable, the Bureau will evaluate the degree to which the 
proposal can support individual rural project sponsors. The Bureau will 
consider opportunities proposed to overcome common barriers to using 
TIFIA and RRIF credit assistance and other innovative financing methods 
for rural project sponsors, such as project size or type, financial or 
institutional capabilities, and other issues. Consistent with the 
Department's ROUTES Initiative (https://www.transportation.gov/rural), 
the Department recognizes that rural transportation networks face 
unique challenges. To the extent that those challenges are reflected in 
the merit criteria listed in this section, the Department will consider 
how the activities proposed in the application will address those 
challenges, regardless of the geographic location of those activities. 
This can include delivering innovative technical assistance and 
leveraging the DOT ROUTES Initiative to provide user-friendly 
information and other assistance to rural project sponsors. An 
applicant that can demonstrate an effective plan to support a rural 
project sponsor in overcoming common barriers to using federal credit 
assistance and innovative finance methods in at least one proposed 
project will receive a STRONG rating in this criterion. An applicant 
that can

[[Page 25734]]

demonstrate a plan to support rural project sponsors who are not 
immediately in their pipeline will receive a MODERATE rating in this 
criterion and those who cannot demonstrate a plan to support rural 
sponsors will receive a MARGINAL rating.
    g. Self-Sustainability: The Bureau will consider whether and to 
what extent the proposed RIA will achieve self-sustainability during 
the proposed award's 2-year base period of performance. If a proposed 
RIA does not anticipate achieving self-sustainability, the Bureau will 
evaluate the extent to which the execution of a cooperative agreement 
for the RIA might deliver long-term benefits as the result of projects 
delivered during the 2-year base funding period.
    An applicant that can demonstrate a model of self-sustainability 
and continued benefits beyond the base 2-year period of Federal funding 
will receive a STRONG rating in this criterion. An applicant that can 
demonstrate a plan to achieve self-sustainability within the base 2-
year period of funding based on measurable milestones will receive a 
MODERATE in this rating criterion and those who present no plan for 
self-sustainability will receive a MARGINAL in this rating.
    h. Risk: The Bureau will assess the risks to successful 
implementation and operation of the proposed RIA, and the degree to 
which proposed mitigation activities might address/offset those risks. 
Evaluators will also assess the practicality of proposed mitigation 
activities in terms of cost, complexity, and time required to implement 
the actions.
    An applicant that can demonstrate the development of, at minimum, 
qualitative risk assessments of proposed projects in meeting Federal 
eligibility requirements (see Chapter 3 of the Bureau Credit Programs 
Guide: https://www.transportation.gov/sites/buildamerica.dot.gov/files/2019-08/Bureau%20Credit%20Programs%20Guide_March_2017.pdf#page=29) will 
receive a STRONG rating in this criterion. An applicant that can 
demonstrate a plan to develop, at minimum, qualitative risk assessments 
of proposed projects within the base 2-year period of funding will 
receive a MODERATE rating in this criterion and those that demonstrate 
no risk assessments or plans to develop them will receive a MARGINAL 
rating.
    i. Alignment with Department Priorities: The Bureau will consider 
the extent to which each proposed project to be aided by the RIA will 
address the following Department priorities:
    (1) Safety: DOT will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Department's strategic goal to reduce transportation-related 
fatalities and serious injuries across the transportation system.
    (2) Environmental Sustainability: DOT will consider the extent to 
which the project incorporates considerations of climate change, 
resilience, and environmental justice in the planning stage and in 
project delivery, such as through incorporation of specific design 
elements that address climate change impacts.
    (3) Equity and Accessibility: DOT will consider the extent to which 
the project: (i) increases transportation choices and equity for 
individuals; (ii) expands access to essential services for communities 
across the United States, particularly for underserved or disadvantaged 
communities; (iii) improves connectivity for citizens to jobs, health 
care, and other critical destinations, or (iv) proactively addresses 
racial equity \5\ and barriers to opportunity, through the planning 
process or through incorporation of design elements.
---------------------------------------------------------------------------

    \5\ Definitions for ``racial 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).
---------------------------------------------------------------------------

    (4) Innovative Technology: Consistent with DOT's objectives to 
encourage transformative projects that take the lead in deploying 
innovative technologies and practices that drive outcomes in terms of 
safety, environmental sustainability, quality of life, and state of 
good repair, DOT will assess the extent to which the applicant uses 
innovative strategies, including: (i) innovative technologies, (ii) 
innovative project delivery, or (iii) innovative financing.
    (5) State of Good Repair: Consistent with the Department's 
strategic objective to maintain and upgrade existing transportation 
systems, DOT will assess whether and to what extent: (i) the project is 
consistent with relevant plans to maintain transportation facilities or 
systems in a state of good repair and address current and projected 
vulnerabilities; (ii) if left unimproved, the poor condition of the 
asset will threaten future transportation network efficiency, mobility 
of goods or accessibility and mobility of people, or economic growth; 
(iii) the project is appropriately capitalized, including whether 
project sponsor has conducted scenario planning and/or fiscal impact 
analysis to understand the future impact on public finances; (iv) a 
sustainable source of revenue is available for operations and 
maintenance of the project and the project will reduce overall life-
cycle costs; (v) the project will maintain or improve transportation 
infrastructure that supports border security functions; and (vi) the 
project includes a plan to maintain the transportation infrastructure 
in a state of good repair. DOT will prioritize projects that ensure the 
good condition of transportation infrastructure, including rural 
transportation infrastructure, that support commerce and economic 
growth. Transit Oriented Development: The Bureau will consider the 
extent to which the proposed project addresses Departmental priorities 
to improve transportation systems, including: (i) Project Types: DOT 
will consider whether the project incorporates economic development and 
related infrastructure activities. Additionally, DOT will consider 
whether the project supports safety, environmental-sustainability, 
equity, and accessibility in a mix of commercial, residential, office, 
and entertainment uses; and (ii) Transportation Access: DOT will 
consider if the project is accessible to one or more: (a) fixed 
guideway transit facilities, (b) passenger rail stations, (c) intercity 
bus stations, and (d) intermodal facilities (transit, freight transfer, 
etc.).
    An applicant that can demonstrate a pipeline of projects that 
address the TOD elements described in item (6) above and four others of 
the above-listed Department priorities in this Section E.1(j) 
(Transformative Projects) will receive a STRONG rating in this 
criterion. An applicant that does not address the TOD elements 
described in item (6) but does address at least four of the other 
Department priorities listed above in this Section E.1(j) will receive 
a MODERATE rating in this criterion and an applicant that does not 
address the TOD elements and addresses four or fewer of other 
Department priorities listed above in this Section E.1(j) will receive 
a MARGINAL rating.
    2. Review and Selection Process: A Review Team will review all 
eligible applications received by the deadline. This Review Team will 
consist of Modal Liaisons from the Federal Highway Administration 
(FHWA), Federal Railroad Administration (FRA) and Federal Transit 
Administration (FTA) and Bureau employees designated by the Executive 
Director. The Program application review and selection process consists 
of two steps: (1) the Review Team will evaluate each proposal and 
determine eligibility based on criteria outlined in Section C.1 of

[[Page 25735]]

this notice and, if deemed eligible; and (2) the Review Team will 
evaluate the proposal based on the Selection Criteria in Section E.1 of 
this notice. In reviewing the application, each criterion will be given 
one of the following qualitative ratings: STRONG, MODERATE, or 
MARGINAL. These ratings are based on the proposal's alignment with the 
criteria. No one criterion is weighted higher or lower than the others. 
A collective overall assessment rating will be assigned to each 
application based on the qualitative ratings assigned for each 
evaluation criterion. The collective overall assessment will ultimately 
reflect how well the proposal meets the goals of the Program as stated 
in Section A.3. of the NOFO. Each application will be given an overall 
assessment rating of ``high'' if it receives a rating of STRONG in at 
least 6 of the evaluation criteria; an overall assessment rating of 
``medium'' if it receives a rating of MODERATE or a combination of 
STRONG and MODERATE in at least 6 of the evaluation criteria; and an 
overall assessment rating of ``low'' if it receives a MARGINAL in 6 or 
more categories. The Review Team will present its findings to the 
Senior Review Team, which consists of Bureau Leadership, including the 
Executive Director. The Executive Director will finalize 
recommendations and present them to the Secretary. The final award 
decisions will be made by the Secretary of Transportation.
    3. Additional Information: Prior to award, each selected applicant 
will be subject to a risk assessment as required by 2 CFR 200.205. The 
Department must review and consider any information about the applicant 
that is in the designated integrity and performance system accessible 
through SAM (currently the Federal Awardee Performance and Integrity 
Information System (FAPIIS)). An applicant may review information in 
FAPIIS and comment on any information about itself. The Department will 
consider comments by the applicant, in addition to the other 
information in FAPIIS, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under Federal 
awards when completing the review of risk posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation process outlined in Section E.2, the 
Secretary will announce awarded projects by posting a list of selected 
RIA at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program. Notice of selection is 
not authorization to begin performance or to incur costs for the 
proposed RIA. Following that announcement, the Bureau will contact the 
point of contact listed in the SF 424 to initiate negotiation of the 
cooperative agreement.

2. Administration and National Policy Requirements

    Performance under the cooperative agreement will be governed by and 
in compliance with the following requirements as applicable to the type 
of organization of the recipient and any applicable sub-recipients:
    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 DOT at 2 CFR part 
1201.
    Other terms and condition as well as performance requirements will 
be addressed in the cooperative agreement with the recipient. The full 
terms and conditions of the resulting cooperative agreements may vary 
and are subject to discussions and negotiations.
    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, statutory, 
regulatory, and public policy requirements, including without 
limitation, those protecting free speech, religious liberty, public 
welfare, the environment, and prohibiting discrimination; the 
conditions of performance, non-discrimination 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 must ensure that no concession agreements are denied, or 
other contracting decisions made based on speech or other activities 
protected by the First Amendment. If the Bureau determines that a 
recipient has failed to comply with applicable Federal requirements, 
the Bureau may terminate the award of funds and disallow previously 
incurred costs, requiring the recipient to reimburse any expended award 
funds.
    Executive Order 13858 directs the Executive Branch Departments and 
agencies to maximize the use of goods, products, and materials produced 
in the United States through the terms and conditions of Federal 
financial assistance awards. If selected for an award, grant recipients 
must be prepared to demonstrate how they will maximize the use of 
domestic goods, products, and materials, as applicable, in establishing 
and operating the RIA. Additionally, recipients should be prepared to 
demonstrate in their application how the RIA addresses the goals and 
priorities of the Department's new strategic plan. These include: (1) 
Safety, (2) Economic Strength and Global Competitiveness, (3) Climate 
and Sustainability, (4) Transformation, and (5) Organizational 
Excellence. These can include projects that: (1) Are consistent with 
the National Roadway Safety Strategy, (2) Improves access or provides 
economic growth opportunities for underserved, overburdened, or rural 
communities, (3) Considers climate change and sustainability impacts in 
its planning and construction, (4) Have innovative approaches or 
delivery methods, and (5) Support Organizational Excellence.
    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. DOT may require applicants to collect data elements to aid 
the evaluation and/or use information available through other 
reporting. As a part of the evaluation, as a condition of award, grant 
recipients must agree to: (1) make records available to the evaluation 
contractor or DOT staff; (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 No. 115-435 (2019) urges Federal 
awarding agencies and Federal assistance recipients and subrecipients 
to use

[[Page 25736]]

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.'' 
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).''

3. Reporting

a. Progress Reporting on Grant Activities
    Each applicant selected for RIA grant funding must submit semi-
annual progress reports as agreed to in the cooperative agreement to 
monitor RIA progress and ensure accountability and financial 
transparency in the RIA grant program.
b. Performance Reporting
    Each applicant selected for RIA grant funding must collect and 
report to the Bureau information on the RIA's performance. The specific 
performance information and reporting period will be determined on an 
individual basis. It is anticipated that the Bureau and the grant 
recipient will hold monthly progress meetings or calls during which the 
Bureau will review project activities, schedule, and progress toward 
mutually agreed upon performance targets in the cooperative agreement. 
If the award is greater than $500,000 over the period of performance, 
applicants must adhere to the post award reporting requirements 
reflected in 2 CFR part 200 Appendix XII--Award Term and Condition for 
Recipient Integrity and Performance Matters.
c. Reporting of Matters Related to Recipient Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the SAM that is made available in the 
designated integrity and performance system (currently FAPIIS) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
Bureau via email at [email protected] or call Carl Ringgold at 202-366-2750 
or [email protected]. A TDD is available for individuals who are 
deaf or hard of hearing at 202-366-3993. In addition, the Bureau will 
post answers to questions and requests for clarifications on the 
Bureau's website at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program. To ensure 
applicants receive accurate information about eligibility or the 
Program, the applicant is encouraged to contact the Bureau directly, 
rather than through intermediaries or third parties, with questions. 
Bureau staff may also conduct briefings on the Program 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 applicant submits information that the 
applicant considers to be a trade secret or confidential commercial or 
financial information, the applicant must provide that information in a 
separate document, which the applicant may cross-reference from the 
application narrative or other portions of the application. For the 
separate document containing confidential information, the applicant 
must do the following: (1) State on the cover of that document that it 
``Contains Confidential Business Information (CBI)''; (2) mark each 
page that contains confidential information with ``CBI''; (3) highlight 
or otherwise denote the confidential content on each page; and (4) at 
the end of the document, indicate whether the CBI is information the 
applicant keeps private and is of the type of information the applicant 
regularly keeps private. The Bureau/DOT will protect confidential 
information complying with these requirements to the extent required 
under applicable law. If the Bureau receives a Freedom of Information 
Act (FOIA) request for the information that the applicant has marked in 
accordance with this section, the Bureau will follow the procedures 
described in its FOIA regulations at 49 CFR 7.29.
    2. Publication/Sharing of Application Information: Following the 
completion of the selection process and announcement of awards, the 
Bureau intends to publish a list of all applications received along 
with the names of the applicant organizations and funding amounts 
requested. Except for the information properly marked as described in 
Section H.1, the Bureau may make application narratives publicly 
available or share application information within DOT or with other 
Federal agencies if DOT determines that sharing is relevant to the 
respective program's objectives.
    3. Department Feedback on Application: The Bureau strives to 
provide as much information as possible to assist applicants with the 
application process. The Bureau will not review applications in 
advance, but Bureau staff are available for technical questions and 
assistance.
    4. Rural Opportunities: User-friendly information and resources 
regarding DOT's discretionary grant programs relevant to rural 
applicants can be found on the Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) website at 
transportation.gov/rural.

    Issued in Washington, DC.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2023-08907 Filed 4-26-23; 8:45 am]
BILLING CODE 4910-9X-P