Fiscal Year 2023 Competitive Funding Opportunity: Passenger Ferry Grant Program and Ferry Service for Rural Communities Program, 31845-31854 [2023-10551]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31845-31854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10551]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Fiscal Year 2023 Competitive Funding Opportunity: Passenger Ferry 
Grant Program and Ferry Service for Rural Communities Program

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

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for $220.2 million in competitive grants under the 
Fiscal Year (FY) 2023 Passenger Ferry Grant Program (Passenger Ferry 
Program) and Ferry Service for Rural Communities Program (Rural Ferry 
Program). Of the amount being made available, $50.1 million is for the 
Passenger Ferry Program and approximately $170 million is for the Rural 
Ferry Program. FTA may award additional funding made available to the 
program prior to the announcement of project selections.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time July 17, 2023. 
Prospective applicants should initiate the process by promptly 
registering on the GRANTS.GOV website to ensure completion of the 
application process before the submission deadline. Instructions for 
applying can be found on FTA's website at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding and in the ``FIND'' module 
of GRANTS.GOV. The funding opportunity ID for the Passenger Ferry 
Program is FTA-2023-007-TPM-PassFerry and the funding opportunity ID 
for the Rural Ferry Program is FTA-2023-008-TPM-Rural Ferry. Mail and 
fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT:  [email protected] or Vanessa 
Williams, FTA Office of Program Management, (202) 366-4818, or Sarah 
Clements, FTA Office of Program Management, (202) 366-3062.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

A. Program Description

    This Notice of Funding Opportunity (NOFO) announces the 
availability of FY 2023 funding for the Passenger Ferry Grant Program 
(Passenger Ferry Program) and Ferry Service for Rural Communities 
Program (Rural Ferry Program). Both programs can be found in Federal 
Assistance Listing: 20.532.
    Federal public transportation law (49 U.S.C. 5307(h)) authorizes 
FTA to award grants for passenger ferries through a competitive 
process. The Passenger Ferry Program provides funding to designated 
recipients and direct recipients under FTA's Urbanized Area Formula 
Program, as well as public entities engaged in providing public 
transportation passenger ferry service in urban areas that are eligible 
to be direct recipients. Projects funded under the program will improve 
the condition and quality of existing passenger ferry services, support 
the establishment of new passenger ferry services, and repair and 
modernize ferry boats, terminals, and related facilities and equipment.
    Section 71103 of the Infrastructure Investment and Jobs Act (the 
``Bipartisan Infrastructure Law'' or ``BIL'') (Pub. L. 117-58) 
authorizes FTA to award grants for the Rural Ferry Program through a 
competitive process, as described in this notice. The Rural Ferry 
Program provides funding for capital, operating, and planning expenses 
to States and territories for ferry service to rural areas. Projects 
funded under this program will support ferry transportation service 
that operated a regular schedule at any time during the five-year 
period from March 1, 2015, to March 1, 2020, and includes at least one 
route segment of at least 50 sailing (nautical) miles between two rural 
areas. The Consolidated Appropriations Act, 2023, (Pub. L. 117-328) 
provides an additional $17,500,000 for ferry service meeting the above 
criteria, except it is only required to serve at least two rural areas 
with a single route segment over 20 miles between the two rural areas 
and does not attribute data to an urbanized area in the National 
Transit Database for ferry service.
    FTA recognizes that passenger ferries provide critical and cost-
effective transportation links throughout the United States but face a 
critical backlog of state of good repair and safety investments. These 
programs support FTA's priorities and objectives through investments 
that (1) renew our transit systems, (2) reduce greenhouse gas emissions 
from public transportation, (3) advance racial equity by removing 
transportation related disparities to all populations within a project 
area and increasing equitable access to project benefits, (4) maintain 
and create good-paying jobs with a free and fair choice to join a 
union, and (5) connect communities by increasing access to affordable 
transportation options.
    FTA seeks to fund projects under the Passenger Ferry and Rural 
Ferry Programs that:
     Reduce greenhouse gas emissions in the transportation 
sector, incorporate evidence-based climate resilience measures and 
features, reduce the lifecycle greenhouse gas emissions from the 
project materials, and avoid adverse environmental impacts to air or 
water

[[Page 31846]]

quality, wetlands, and endangered species, and address the 
disproportionate negative environmental impacts of transportation on 
disadvantaged communities, consistent with Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
     Create proportional impacts to all populations in a 
project area, remove transportation related disparities to all 
populations in a project area, and increase equitable access to project 
benefits, consistent with Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government (86 FR 7009).
     Address equity and environmental justice, particularly for 
communities that have experienced decades of under investment and are 
most impacted by climate change, pollution, and environmental hazards, 
consistent with Executive Order 14008, Tackling the Climate Crisis at 
Home and Abroad (86 FR 7619).
     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 training and placement programs, especially registered 
apprenticeships, in project planning stages, 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).
     Support wealth creation, consistent with the Department's 
Equity Action Plan through the inclusion of local inclusive economic 
development and entrepreneurship such as the utilization of 
Disadvantaged Business Enterprises, Minority-owned businesses, Women-
owned businesses, or section 8(a) firms.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5307(h)) authorizes 
$30 million in FY 2023 contract authority funds for competitive grants 
under the Passenger Ferry Program. The Consolidated Appropriations Act, 
2023, appropriated an additional $15 million. Of that latter amount, $5 
million is available only for low- or zero-emission ferries or ferries 
using electric battery or fuel cell components and the infrastructure 
to support such ferries. Additionally, $2,149,651 remains available for 
allocation from the amounts made available in FY 2022 and an additional 
$3,000,000 from FY 2016 is available for reallocation. FTA may award 
additional funding made available to the program prior to the 
announcement of project selections. In FY 2022, FTA received 25 
eligible applications from 13 States and 1 territory requesting $153 
million in Federal Passenger Ferry Program funds. Eight projects were 
funded at a total of $34.4 million.
    Division J of the BIL provides an advance appropriation of $200 
million in FY 2023 funds for the Rural Ferry Program. Of that amount, 
$3,980,000 is for FTA oversight, and $20,000 is transferred to the 
USDOT Office of the Inspector General. Additionally, $43,452,559 of FY 
2023 funding was awarded under the FY 2022 NOFO, making $152,547,441 
available for award. Furthermore, the FY 2023 Consolidated 
Appropriations Act appropriated an additional $17,500,000 that may be 
allocated to passenger ferry service that serves at least two rural 
areas with a single segment over 20 miles between the two rural areas 
and that is not otherwise eligible for funding under the Passenger 
Ferry Program.
    In FY 2022, FTA received 8 eligible applications from 4 States 
requesting $259 million in Federal Rural Ferry Program funds. All 8 
projects were funded at a total of $252 million.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date the FY 2023 project selections are 
announced on FTA's website. A project selected under the Rural Ferry 
Program that is a continuation of a project that was selected through 
the FY 2022 NOFO will be granted pre-award authority from the time of 
the FY 2022 selection announcement. Funds are available for obligation 
for five years after the fiscal year in which the awards are announced. 
Except for any proposed continuation of Rural Ferry projects funded 
from the FY 2022 NOFO, funds are available only for projects that have 
not already incurred costs prior to the announcement of project 
selections.

C. Eligibility Information

1. Eligible Applicants

                              Summary Table
------------------------------------------------------------------------
              Program                        Eligible applicants
------------------------------------------------------------------------
Passenger Ferry Program...........  Designated Recipients of section
                                     5307 Funding.
                                    Direct Recipients of section 5307
                                     Funding.
                                    Public Entities engaged in providing
                                     public transportation passenger
                                     ferry service in urban areas that
                                     are eligible to be a Direct
                                     Recipient.
Rural Ferry Program...............  States and Territories.
------------------------------------------------------------------------

    Eligible applicants for the Passenger Ferry Program are: (1) 
designated recipients as defined in FTA Circular ``Urbanized Area 
Formula Program: Program Guidance and Application Instructions'' 
(FTA.C.9030.1E), (2) direct recipients of FTA's Urbanized Area Formula 
Grants, and (3) public entities engaged in providing public 
transportation passenger ferry service in urban areas that are eligible 
to be direct recipients.
    Eligible applicants for the Rural Ferry Program are States and 
Territories in which eligible service is operated. For the $152.6 
million made available under Division J of the BIL, eligible service 
includes passenger ferry service that operated a regular schedule at 
any time between March 1, 2015, and March 1, 2020, and operated at 
least one segment between two rural areas located more than 50 sailing 
(nautical) miles apart. FTA defines a regular schedule as a published 
schedule for either seasonal or year-round ferry service. For the $17.5 
million appropriated in the Consolidated Appropriations Act, 2023, 
eligible service also includes any passenger ferry service that 
operated a regular schedule at any time between March 1, 2015, and 
March 1, 2020, and operated at least one segment more than 20 miles 
between two rural areas. Applicants in both categories must not have 
attributed data to an urbanized area in their most recent report to the 
National Transit Database for their ferry services. Applicants must 
document their eligibility for the Rural Ferry Program by providing the 
following:

    (A) Documentation such as dated and published sailing schedules 
to demonstrate the operation of regular scheduled service at any 
time during the five-year period ending March 1, 2020.
    (B) Documentation such as route maps to demonstrate provision of 
service for at least one direct segment between two rural areas

[[Page 31847]]

that meet the distance requirements described above (either at least 
50 or 20 nautical sailing miles) during the five-year period ending 
March 1, 2020.

    FTA will confirm the segment length based upon data reported to the 
National Census of Ferry Operators maintained by the Bureau of 
Transportation Statistics.
    An eligible applicant that does not currently have an active grant 
with FTA will, upon selection, be required to work with an FTA regional 
office to establish its organization as an active grant recipient. This 
process may require additional documentation to support the 
organization's technical, financial, and legal capacity to receive and 
administer Federal funds under this program.

2. Cost Sharing or Matching

    a. The maximum Federal share for capital projects selected under 
each program is 80 percent of the net project cost, with the exceptions 
described in paragraphs b and c below, per 49 U.S.C. 5323. The maximum 
Federal share for planning projects selected under the Rural Ferry 
Program is 80 percent. There is no maximum Federal share for operating 
projects selected under the Rural Ferry Program in FY 2023; however, 
similar to FY 2022, FTA will require the State or locality to provide, 
at a minimum, 75 percent of the three-year average prior to the 
pandemic (2017, 2018, and 2019) on an annual basis to support ferry 
service for the period supported by the grant. For example, if a State 
or locality normally provided $1 million in operating assistance 
annually, an applicant should include at least $750,000 in State or 
local operating assistance.
    b. The maximum Federal share is 85 percent of the net project cost 
of acquiring vehicles (including clean-fuel or alternative fuel 
vehicles) for purposes of complying with or maintaining compliance with 
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of 
1990.
    c. The maximum Federal share is 90 percent of the net project cost 
of acquiring, installing, or constructing vehicle-related equipment or 
facilities (including clean fuel or alternative-fuel vehicle-related 
equipment or facilities) for purposes of complying with or maintaining 
compliance with the ADA or CAA. The award recipient must itemize the 
cost of specific, discrete, vehicle-related equipment associated with 
compliance with the ADA or CAA to be eligible for the maximum 90 
percent Federal share for these costs.
    Eligible sources of non-Federal matching funds include:

    i. Cash from non-governmental sources other than revenues from 
providing the ferry services (such as fare revenues, vehicle, or 
cargo charges, etc.);
    ii. Non-farebox revenues from the operation of public 
transportation service, such as the sale of advertising and 
concession revenues;
    iii. Monies received under a service agreement with a State or 
local social service agency or private social service organization;
    iv. Undistributed cash surpluses, replacement or depreciation 
cash funds, reserves available in cash, or new capital;
    v. Amounts appropriated or otherwise made available to a 
department or agency of the Government (other than the USDOT), that 
are eligible to be expended for public transportation;
    vi. In-kind contributions integral to the project;
    vii. Revenue bond proceeds for a capital project, with prior FTA 
approval; and
    viii. Transportation Development Credits (formerly referred to 
as Toll Revenue Credits).

    If an applicant proposes a Federal share greater than 80 percent, 
the applicant must clearly explain why the project is eligible for the 
proposed Federal share.

3. Eligible Projects

                              Summary Table
------------------------------------------------------------------------
              Program                         Eligible projects
------------------------------------------------------------------------
Passenger Ferry Program...........  Capital Projects--purchase,
                                     construction, replacement, or
                                     rehabilitation of ferries,
                                     terminals, related infrastructure,
                                     and related equipment (including
                                     electric or low-emitting ferry
                                     vessels and related
                                     infrastructure).
Rural Ferry Program...............  Capital Projects--purchase,
                                     construction, replacement, or
                                     rehabilitation of ferries,
                                     terminals, related infrastructure,
                                     and related equipment (including
                                     electric or low-emitting ferry
                                     vessels and related
                                     infrastructure).
                                    Planning Projects.
                                    Operating Projects.
------------------------------------------------------------------------

3A. Passenger Ferry Program--Eligible Projects
    Under the Passenger Ferry Program, eligible projects are capital 
projects for the purchase, construction, replacement, or rehabilitation 
of ferries, terminals, related infrastructure, and related equipment 
(including fare equipment and communication devices). Projects are 
required to support a passenger ferry service that serves an urbanized 
area and may include services that operate between an urbanized area 
and rural areas. Ferry systems that accommodate cars must also 
accommodate walk-on passengers to be eligible for funding. Operating 
costs and planning projects are not eligible.
    Under the Passenger Ferry Program only, recipients are permitted to 
use up to 0.5 percent of their grant award to pay for not more than 80 
percent of the cost for workforce development activities eligible under 
Federal public transportation law (49 U.S.C. 5314(b)) and an additional 
0.5 percent for costs associated with training at the National Transit 
Institute. Applicants must identify the proposed use of funds for these 
activities in the project proposal and identify them separately in the 
project budget. Supportive services, such as childcare and 
transportation assistance for participants, may be an eligible use of 
program funds under 49 U.S.C. 5314(b). FTA has published clarifying 
frequently asked questions regarding supportive services on its website 
at https://www.transit.dot.gov/funding/grants/federal-transit-administration-faqs-supportive-services.
3B. Rural Ferry Program--Eligible Projects
    Under the Rural Ferry Program, eligible projects are capital, 
operating, or planning assistance. Eligible capital projects include 
the purchase, construction, replacement, or rehabilitation of ferries, 
terminals, related infrastructure, and related equipment (including 
fare equipment and communication devices). Only net operating expenses 
are eligible for assistance. Net operating expenses are those expenses 
that remain after the provider subtracts operating revenues from 
eligible operating expenses. States may further define what constitutes

[[Page 31848]]

operating revenues, but, at a minimum, operating revenues must include 
farebox revenues and other fees generated directly by the ferry service 
such as vehicle fares, cargo fees, and cabin fees. Farebox revenues are 
fares paid by riders, including those who are later reimbursed by a 
human service agency or other user-side subsidy arrangement. For more 
information, please see FTA Circular 9040.1G at https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application. Eligible projects 
are not required to be implemented on the same route segments that 
resulted in applicant eligibility (e.g., the project need not be 
implemented on a segment of more than 20 or 50 sailing (nautical) 
miles). Ferry systems that accommodate cars must also accommodate walk-
on passengers to be eligible for funding. Walk-on passengers are 
defined as passengers who board the vessel unaccompanied by any motor 
vehicle in which they may have arrived at the ferry terminal and which 
remains behind after ferry departure.

D. Application and Submission Information

1. Address To Request Application Package

    Applications may be accessed at GRANTS.GOV and must be submitted 
electronically through GRANTS.GOV. General information for accessing 
and submitting applications through GRANTS.GOV can be found at https://www.fta.dot.gov/howtoapply along with specific instructions for the 
forms and attachments required for submission. Mail or fax submissions 
will not be accepted. The required SF-424 Application for Federal 
Assistance can be downloaded from GRANTS.GOV and the required 
supplemental form can be downloaded from GRANTS.GOV or the FTA website 
at https://www.transit.dot.gov/grants/fta-ferry-programs.

2. Content and Form of Application Submission

a. Proposal Submission
    A complete proposal submission consists of two forms: (1) the SF-
424 Application for Federal Assistance; and (2) the FY 2023 Passenger 
Ferry Program and Rural Ferry Program supplemental form. If an 
applicant is submitting different proposals to different programs, the 
applicant must submit an application for each project to each program 
separately. The supplemental form and any supporting documents must be 
attached to the ``Attachments'' section of the SF-424. The application 
must include responses to all sections of the SF-424 Application for 
Federal Assistance and the supplemental form, unless designated as 
optional. The information on the supplemental form will be used to 
determine applicant and project eligibility for the program, and to 
evaluate the proposal against the selection criteria described in part 
E of this notice. Failure to submit the information as requested can 
delay review or disqualify the application.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages States and other applicants to consider submitting a 
single supplemental form that includes multiple activities as one 
project to be evaluated as a consolidated proposal. If a State or other 
applicant chooses to submit separate proposals for individual 
consideration by FTA, each proposal must be submitted using a separate 
SF-424 and supplemental form.
    Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to documentation supporting 
the applicant's eligibility for the grant programs, letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Supporting documentation should be described and 
referenced by file name in the appropriate response section of the 
supplemental form, or it may not be reviewed.
    Information such as applicant name, Federal amount requested, local 
match amount, and description of areas served may be requested in 
varying degrees of detail on both the SF-424 and supplemental form. 
Applicants must fill in all fields unless otherwise stated on the 
forms. Applicants should not place N/A or ``refer to attachment'' in 
lieu of typing in responses in the field sections. If information is 
copied into the supplemental form from another source, applicants 
should verify that pasted text is fully captured on the supplemental 
form and has not been truncated by the character limits built into the 
form. Applicants should use both the ``Check Package for Errors'' and 
the ``Validate Form'' validation buttons on both forms to check all 
required fields on the forms and ensure that the Federal and local 
amounts specified are consistent.
b. Application Content
    The SF-424 Application for Federal Assistance and the supplemental 
form will prompt applicants for the required information:

    a. Applicant name.
    b. Unique entity identifier (UEI) (generated by SAM.GOV).
    c. Key contact information (including contact name, address, 
email address, and phone).
    d. Congressional district(s) in which the project is located.
    e. Project information (including title, executive summary, and 
type).
    f. A detailed description of the need for the project.
    g. A detailed description of how the project will support the 
program objectives.
    h. Evidence that the project is consistent with local and 
regional planning objectives.
    i. Evidence that the applicant can provide the non-Federal cost 
share.
    j. A description of the technical, legal, and financial capacity 
of the applicant.
    k. A detailed project budget that shows how different funding 
sources will share in each activity. The budget should identify 
other Federal funds the applicant is applying for or has been 
awarded, if any, that the applicant intends to use.
    l. An explanation of the scalability of the project.
    m. Details on the non-Federal matching funds.
    n. For any application for operating assistance under the Rural 
Ferry program, the applicant should provide the amount of State or 
local funds provided for operating assistance for the three years of 
operation prior to the start of the pandemic, January 20, 2020. 
Applicants, at their discretion, may provide the three years of data 
ending on the last day of the applicant's fiscal year ending prior 
to January 20, 2020; end of the Federal fiscal year ending prior to 
January 20, 2020; or ending January 20, 2020.
    o. A detailed project timeline.
    p. Address all the applicable criteria and priority 
considerations identified in section E.

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

    Each applicant is required to: (1) be registered in SAM.GOV before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. FTA may not make an award until the applicant has 
complied with all applicable unique entity identifier and SAM 
requirements. If an applicant has not fully complied with the 
requirements by the time FTA is ready to make an award, FTA may 
determine that the applicant is not qualified to receive an award and 
use that determination as a basis for making a Federal award to another 
applicant. These requirements do not apply if the applicant has an 
exception approved by FTA or the U.S. Office of Management

[[Page 31849]]

and Budget under 2 CFR 25.110(c) or (d).
    All applicants must provide a unique entity identifier provided by 
SAM. Registration in SAM may take as little as 3-5 business days, but 
since there could be unexpected steps or delays (for example, if there 
is a need to obtain an Employer Identification Number), FTA recommends 
allowing ample time, up to several weeks, for completion of all steps. 
For additional information on obtaining a unique entity identifier, 
please visit https://www.sam.gov.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern Time on July 17, 2023. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Mail and fax submissions will not be accepted.
    FTA urges applicants to submit applications at least 72 hours prior 
to the deadline to allow time to correct any problems that may have 
caused either GRANTS.GOV or FTA systems to reject the submission. 
Proposals submitted after the deadline will be considered only if 
lateness was due to extraordinary circumstances not under the 
applicant's control. Deadlines will not be extended due to scheduled 
website maintenance. GRANTS.GOV scheduled maintenance and outage times 
are announced on the GRANTS.GOV website.
    Within 48 hours after submitting an electronic application, the 
applicant should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, include all original attachments 
regardless of which attachments were updated and check the box on the 
supplemental form indicating this is a resubmission.
    Applicants are encouraged to begin the process of registration on 
the GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to take steps to keep their registration up to 
date before submissions can be made successfully as (1) registration in 
SAM is renewed annually; and (2) persons making submissions on behalf 
of the Authorized Organization Representative (AOR) must be authorized 
in GRANTS.GOV by the AOR to make submissions.

5. Funding Restrictions

    Funds made available under the Passenger Ferry Program may not be 
used to fund operating expenses, planning, or preventive maintenance. 
Any project that does not include the purchase, construction, 
replacement, or rehabilitation of ferries, terminals, related 
infrastructure, or related equipment is not eligible. Applicants to the 
Rural Ferry Program may apply for capital, operating, or planning 
assistance.
    Except for continuation of projects funded under the FY 2022 Rural 
Ferry Program, funds made available under this NOFO cannot be used to 
reimburse applicants for otherwise eligible expenses incurred prior to 
the posting of project selections on FTA's website and the 
corresponding issuance of pre-award authority. Allowable direct and 
indirect expenses must be consistent with the Government-wide Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards (2 CFR part 200) and FTA Circular 5010.1E.
    As required by statute, an eligible ferry service that receives 
funds from a State under the Rural Ferry Program shall not be 
attributed to an urbanized area for purposes of apportioning funds 
under chapter 53 of title 49, U.S. Code. In addition, an eligible 
service that receives funds from a State under the Rural Ferry Program 
shall not receive funds apportioned under section 5336 or 5337 of title 
49, U.S. Code, in the same fiscal year.

6. Other Submission Requirements

    Applicants are encouraged to identify scaled funding options in 
case insufficient funding is available to fund a project at the full 
requested amount. If an applicant advises that a project is scalable, 
the applicant must provide an appropriate minimum funding amount that 
will fund an eligible project that achieves the objectives of the 
program and meets all relevant program requirements. The applicant must 
provide a clear explanation of how the project budget would be affected 
by a reduced award. FTA may award a lesser amount whether or not a 
scalable option is provided.
    The Department may 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.

E. Application Review Information

1. Criteria

    Projects will be evaluated primarily on the responses provided in 
the supplemental form. Additional information may be provided to 
support the responses; however, any additional documentation must be 
directly referenced on the supplemental form, including the file name 
where the additional information can be found. FTA will evaluate 
project proposals based on the criteria described in this notice.
a. Demonstration of Need
    Applications for capital expenses to the Passenger Ferry Program or 
Rural Ferry Program will be evaluated based on the quality and extent 
to which they demonstrate how the proposed project will address an 
unmet need for capital investment in passenger ferry vehicles, 
equipment, or facilities. FTA will also evaluate the project's impact 
on service delivery and whether the project represents a one-time or 
periodic need that cannot reasonably be funded from FTA formula program 
allocations or State or local resources. In evaluating applications, 
FTA will consider, among other factors, certain project-specific 
criteria as outlined below:
    i. For vessel replacement or rehabilitation projects (including low 
or zero-emission ferries):
     The age of the asset to be replaced or rehabilitated by 
the proposed project, relative to its useful life--those applicants 
that are already FTA grantees should reference the useful life 
benchmark for the vehicles to be replaced identified in their Transit 
Asset Management Plan and reported to the National Transit Database. 
Those applicants should also describe how replacing the vehicle will 
help them meet the state of good repair performance targets set in 
their Transit Asset Management (TAM) Plan.
     The condition of the asset to be replaced by the proposed 
project, as ascertained through inspections or otherwise, if available.
    ii. For facility infrastructure improvements or related-equipment 
acquisitions:
     The age of the facility or equipment to be rehabilitated 
or replaced, relative to its useful life--those applicants that are 
already FTA grantees should reference the condition of the facility as 
reported to the National Transit Database and how the project will help 
you meet the state of good repair performance targets in your Transit 
Asset Management (TAM) Plan.

[[Page 31850]]

     The degree to which the proposed project will enable the 
agency to improve the maintenance and condition of the agency's fleet 
or related ferry assets.
    iii. For vessel or facility-related expansion or new service 
requests:
     The degree to which the proposed project addresses a 
current capacity constraint that is limiting the ability of the agency 
to provide reliable service, meet ridership demands, or maintain 
vessels and related equipment.
     The degree to which the proposed new service is supported 
by ridership demand.
    For operating projects under the Rural Ferry Program:
     The degree to which the application addresses how 
additional operating resources will lead to more reliable or improved 
service, or meet additional service demands.
     The financial need demonstrated by the applicant, 
including actual or projected need to maintain or initiate ferry 
service and a description of how existing operating resources are 
insufficient to meet the need.
     For expansion operating projects, projected ridership on 
the new service and the methodology used by the applicant to determine 
the projection.
    For planning projects under the Rural Ferry Program:
     The degree to which the application addresses how planning 
resources will lead to more reliable or improved service, or meet 
additional service demands.
b. Demonstration of Benefits
    All Applications will be evaluated based on how the ferry project 
will accomplish one or more of the following: (1) enhance the safety of 
existing ferry systems, (2) improve the state of good repair of the 
existing system, (3) provide additional transportation options that 
foster community development and access to economic opportunities, and/
or (4) improve the quality of transit service to underserved 
communities.
    Additionally, all applications will be evaluated on their support 
for walk-on passengers. Walk-on passengers are defined as passengers 
who board the vessel unaccompanied by any motor vehicle in which they 
may have arrived at the ferry terminal and which remains behind after 
ferry departure. The support for walk-on passengers will be evaluated 
as follows:
    For replacement or rehabilitation projects, benefits will be 
evaluated in part based on the percentage of riders that are walk-on 
compared to passengers using the service to transport automobiles.
    For expansion projects, benefits will be evaluated in part based on 
what convenient infrastructure is provided at the origin and 
destination of the service and at any intermediary stops that supports 
transit and intercity bus riders, pedestrians, or bicycles. Supporting 
documentation should include data that demonstrates the number of trips 
(passengers and vehicles), the number of walk-on passengers, and the 
frequency of transfers to other modes, if applicable.
    In addition to the above five elements, projects for low- or zero-
emission ferries under any program or projects for operating assistance 
under the Rural Ferry program will be evaluated as follows:
    For low- or zero-emission ferries, applicants should demonstrate 
how the proposed ferries or infrastructure will reduce the emission of 
particulates and other pollutants that create local air pollution, 
which leads to local environmental health concerns, smog, and unhealthy 
ozone concentrations. Applicants should also demonstrate how the 
proposed ferries or infrastructure will reduce emissions of greenhouse 
gases from ferry operations. Projects that propose the use of zero-
emission ferries and related infrastructure for producing zero onboard 
emissions during normal operations will be more competitive.
    For operating projects under the Rural Ferry Program, applicants 
should address and document how the requested operating funds will be 
used to augment, and not replace, existing State or local operating 
funds.
c. Planning and Local/Regional Prioritization
    Applicants that are already FTA recipients and are seeking a 
capital grant should demonstrate that the project is included in the 
investment prioritization of their Transit Asset Management (TAM) Plan.
    Applicants must demonstrate how the proposed project is consistent 
with local and regional planning documents and identified priorities. 
This will involve assessing whether the project is consistent with the 
transit priorities identified in the long-range transportation plan and 
the State and Metropolitan Transportation Improvement Program (STIP/
TIP). Applicants should note if the project could not be included in 
the financially constrained STIP or TIP due to lack of funding, and if 
selected that the project can be added to the federally approved STIP 
before grant award.
    FTA encourages applicants to demonstrate State or local support by 
including letters of support from State departments of transportation, 
local transit agencies, local government officials and public agencies, 
local non-profit or private sector organizations, and other relevant 
stakeholders. Applications that include letters of support will be 
viewed more favorably than those that do not. For FTA to fully consider 
a letter of support, the letter must be included in the application 
package. In an area with both ferry and other public transit operators, 
FTA will evaluate whether project proposals demonstrate coordination 
with and support of other related projects within the applicant's 
Metropolitan Planning Organization (MPO) or the geographic region 
within which the proposed project will operate.
d. Local Financial Commitment
    Applicants must identify the source of the local cost share and 
describe whether such funds are currently available for the project or 
will need to be secured if the project is selected for funding. FTA 
will consider the availability of the local cost share as evidence of 
local financial commitment to the project. Additional consideration 
will be given to those projects for which local funds have already been 
made available or reserved. Applicants should submit evidence of the 
availability of funds for the project, by including, for example, a 
board resolution, letter of support from the State, a budget document 
highlighting the line item or section committing funds to the proposed 
project, or other documentation of the source of non-Federal funds.
    An applicant may provide documentation of previous and recent local 
investments in the project, which cannot be used to satisfy non-Federal 
matching requirements, as evidence of local financial commitment.
    Applicants that request a Federal share for a capital project 
greater than 80 percent must clearly explain why the project is 
eligible for the proposed Federal share. For planning projects under 
the Rural Ferry Program, the Federal share may not exceed 80 percent. 
For operating projects under the Rural Ferry Program, there is no 
maximum Federal share to a grant awarded under this program, however, 
the applicant must maintain the non-Federal funding levels described in 
section C of this notice.
e. Project Implementation Strategy
    Projects will be evaluated based on the extent to which the project 
is ready

[[Page 31851]]

to implement within a reasonable period of time and whether the 
applicant's proposed implementation plans are reasonable and complete.
    In assessing whether the project is ready to implement within a 
reasonable period of time, FTA will consider whether the project 
qualifies for a Categorical Exclusion, or whether the required 
environmental work has been initiated or completed for projects that 
require an Environmental Assessment or Environmental Impact Statement 
under the National Environmental Policy Act of 1969. As such, 
applicants should submit information describing the project's 
anticipated path and timeline through the environmental review process. 
If the project will qualify as a Categorical Exclusion, the applicant 
must say so explicitly in the application. The proposal must also state 
whether grant funds can be obligated within 12 months from time of 
award, if selected, and if necessary, the timeframe under which the TIP 
and STIP can be amended to include the proposed project. Additional 
consideration will be given to projects for which grant funds can be 
obligated within 12 months from time of award.
    In assessing whether the proposed implementation plans are 
reasonable and complete, FTA will review the proposed project 
implementation plan, including all necessary project milestones and the 
overall project timeline. For projects that will require formal 
coordination, approvals, or permits from other agencies or project 
partners, the applicant must demonstrate coordination with these 
organizations and their support for the project, such as through 
letters of support.
f. Technical, Legal, and Financial Capacity
    Applicants must demonstrate that they have the technical, legal, 
and financial capacity to undertake the project. FTA will review 
relevant oversight assessments and records to determine whether there 
are any outstanding legal, technical, or financial issues with the 
applicant that would affect the outcome of the proposed project. 
Additional information on the compliance requirements for these grants 
appears later in this notice.
    Applicants with outstanding legal, technical, or financial 
compliance issues from an FTA compliance review or FTA grant-related 
Single Audit finding must explain how corrective actions taken will 
mitigate negative impacts on the project.

2. Review and Selection Process

    FTA technical evaluation committees will evaluate proposals using 
the project evaluation criteria. FTA staff may request additional 
information from applicants, if necessary. After consideration of the 
findings of the technical evaluation committees, FTA will determine the 
final selection of projects for program funding. In determining the 
allocation of program funds, FTA may consider geographic diversity, 
diversity in the size of the transit systems receiving funding, walk-on 
vs. vehicle boardings for the impacted service, and the applicant's 
receipt of other competitive awards. FTA will also consider whether the 
project will include low or zero-emission ferries, including ferries 
using electric battery or fuel cell components and the infrastructure 
to support such ferries. FTA may consider capping the amount a single 
applicant may receive.
    After applying the above criteria, to address climate change and 
sustainability, FTA will give priority consideration to applications 
that are expected to create significant community benefits relating to 
the environment, including those projects that incorporate low or no 
emission technology or specific elements to address greenhouse gas 
emissions as well as disproportionate negative impacts of climate 
change and pollution on disadvantaged communities.
    FTA will also provide priority consideration for applicants that 
describe how their projects support workforce development, job quality, 
and wealth creation as follows:
    Applicants for facility projects should identify whether they will 
commit to registered apprenticeship positions and use apprentices on 
the funded project, sometimes called an apprenticeship utilization 
requirement (e.g., requiring that a certain percent of all labor hours 
will be performed by registered apprentices). Applicants should also 
detail partnerships with high-quality workforce development programs 
with supportive services \1\ to help train, place, and retain 
underrepresented communities in jobs and registered apprenticeships on 
the project.
    In addition to the above, facility projects over $35 million in 
total project cost, should identify whether the project will use a 
Project Labor/Community Workforce Agreement and whether the recipient 
commits to participate in the U.S. Department of Labor's Office of 
Federal Contract Compliance Programs (OFCCP) Mega Construction Project 
Program if selected by OFCCP (see F.2.e. Federal Contract Compliance).
    FTA will also give priority consideration to projects that support 
the Justice40 initiative, https://www.transportation.gov/equity-Justice40. In support of Executive Order 14008, DOT has been developing 
a geographic definition of Historically Disadvantaged Communities as 
part of its implementation of the Justice40 Initiative. Consistent with 
OMB's Interim Guidance for the Justice40 Initiative, Historically 
Disadvantaged Communities include (a) certain qualifying census tracts, 
(b) any Tribal land, or (c) any territory or possession of the United 
States. DOT is providing a mapping tool to assist applicants in 
identifying whether a project is located in a Historically 
Disadvantaged Community Transportation Disadvantaged Census Tracts 
(https://www.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a). Alternatively, applicants may also 
choose to use the Climate and Economic Justice Screening Tool (CEJST), 
provided by the Council on Environmental Quality. This tool can be 
found at https://screeningtool.geoplatform.gov. Use of either mapping 
tool is optional; applicants may provide an image from the map tool 
outputs, or alternatively, consistent with OMB's Interim Guidance, 
applicants can supply quantitative, demographic data of their ridership 
demonstrating the percentage of their ridership that meets the criteria 
for disadvantage described in Executive Order 14008. Examples of 
indicators for Historically Disadvantaged Communities that an applicant 
could address using geographic or demographic information include 
percentages of low income, high or persistent poverty, high 
unemployment and underemployment, racial and ethnic residential 
segregation, linguistic isolation, high housing cost burden and 
substandard housing, and high transportation cost burden and/or low 
transportation access. Additionally, in support of the Justice40 
Initiative, the applicant also should provide evidence of strategies 
that the applicant has used in the planning process to seek out and 
consider the needs of those historically disadvantaged and underserved 
by existing transportation systems. For technical assistance using the 
mapping tool, please contact [email protected].
    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested, even if an 
application did not present a scaled project option. In those cases, 
applicants must be able to demonstrate that the proposed projects

[[Page 31852]]

are still viable and can be completed with the amount awarded.

3. Integrity and Performance Review

    Prior to making an award with a total amount of Federal share 
greater than the simplified acquisition threshold (currently $250,000), 
FTA is required to review and consider any information about the 
applicant that is in the Federal Awardee Performance and Integrity 
Information Systems (FAPIIS) accessible through SAM.GOV. An applicant 
may review and comment on information about itself that a Federal 
awarding agency previously entered. FTA will consider any comments by 
the applicant, in addition to the other information in FAPIIS, in 
making a judgment about the applicant's integrity, business ethics, and 
record of performance under Federal awards when completing the review 
of risk posed by applicants as described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    Final project selections will be posted on the FTA website. Only 
proposals from eligible recipients for eligible activities will be 
considered for funding. There is no minimum or maximum grant award 
amount; however, FTA intends to fund as many meritorious projects as 
possible. Due to funding limitations, projects that are selected for 
funding may receive less than the amount originally requested. In those 
cases, applicants must be able to demonstrate that the proposed 
projects are still viable and can be completed with the amount awarded.
    Recipients should contact their FTA Regional Office (https://www.transit.dot.gov/about/regional-offices/regional-offices) for 
additional information regarding allocations for projects under the 
Ferry Programs.

2. Administrative and National Policy Requirements

i. Pre-Award Authority
    At the time the project selections are announced, FTA will extend 
pre-award authority for the selected projects consistent with 2 CFR 
200.458. Except for continuations of projects selected under the FY 
2022 Rural Ferry Program, there is no blanket pre-award authority for 
these projects before announcement, and pre-award authority cannot be 
used prior to FTA issuance of pre-award authority. Note, for projects 
selected under the FY 2022 Rural Ferry Program, pre-award authority is 
only permissible for activities included and approved in the 
application submitted to that competition. FTA does not provide pre-
award authority for competitive funds until projects are selected and 
even then, there are Federal requirements that must be met before costs 
are incurred. For more information about FTA's policy on pre-award 
authority, please see FTA's 2023 Apportionment Notice (88 FR 23117).
ii. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). All Passenger Ferry Program recipients 
are subject to the grant requirements of the Urbanized Area Formula 
Grant program (49 U.S.C. 5307). All Rural Ferry Program recipients are 
subject to the grant requirements of the Rural Area Formula Grant 
Program (49 U.S.C. 5311) as applicable, FTA's Master Agreement for 
financial assistance awards, the annual Certifications and Assurances 
required of applicants, FTA Circular ``Urbanized Area Formula Program: 
Program Guidance and Application Instructions'' (FTA.C.9030.1E) or FTA 
Circular ``Formula Grants for Rural Areas'' (FTA.C.9040.1G). All 
recipients must also follow the FTA Award Management Requirements 
Circular (FTA.C.5010.1) and the labor protections required by Federal 
public transportation law (49 U.S.C. 5333(b)). All these documents are 
available on FTA's website. Technical assistance regarding these 
requirements is available from each FTA regional office.
iii. Buy America and Domestic Preferences for Infrastructure Projects
    As expressed in Executive Order 14005, ``Ensuring the Future Is 
Made in All of America by All of America's Workers'' (86 FR 7475), the 
Executive Branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Therefore, all capital procurements must comply with 
FTA's Buy America requirements (49 U.S.C. 5323(j)), which require that 
all iron, steel, and manufactured products be produced in the United 
States. In addition, any award must comply with the Build America, Buy 
America Act (BABA) (Pub. L. 117-58, sections 70901-27). The BABA 
provides that none of the funds provided under an award made pursuant 
to this notice may be used for a project unless all iron, steel, 
manufactured products, and construction materials are produced in the 
United States. FTA's Buy America requirements are consistent with BABA 
requirements for iron, steel, and manufactured products.
    Any proposal that will require a waiver of any domestic preference 
standard must identify the items for which a waiver will be sought in 
the application. Applicants should not proceed with the expectation 
that waivers will be granted.
iv. Civil Rights and Title VI
    As a condition of a grant award, grant recipients 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 (49 CFR part 21), the Americans with 
Disabilities Act of 1990 (ADA), section 504 of the Rehabilitation Act, 
other civil rights requirements, and all implementing regulations. This 
should include a current Title VI plan, completed Community 
Participation Plan (alternatively called a Public Participation Plan 
and often part of the overall Title VI program plan), if applicable. 
DOT's and the applicable Operating Administrations' Office of Civil 
Rights may work with awarded grant recipients to ensure full compliance 
with Federal civil rights requirements.
v. Disadvantaged Business Enterprise
    Projects that include ferry acquisitions are subject to the transit 
vehicle manufacturer (TVM) rule of the Disadvantaged Business 
Enterprise (DBE) program regulations (49 CFR 26.49). The TVM rule 
requires recipients procuring transit vehicles, including ferries, to 
limit eligible bidders to certified TVMs. To become a certified TVM, a 
manufacturer of transit vehicles must submit a DBE program plan and 
annual goal to FTA for approval. A list of certified TVMs is posted on 
FTA's web page at https://www.transit.dot.gov/TVM. Recipients should 
contact FTA before accepting bids from entities not appearing on this 
list.
    In lieu of restricting eligibility to certified TVMs, a recipient 
may, with FTA's approval, establish project-specific goals for DBE 
participation in the procurement of transit vehicles.
    For more information on DBE requirements, please contact Monica 
McCallum, FTA Office of Civil Rights, 206-220-7519, 
[email protected].
vi. Federal Contract Compliance
    As a condition of grant award and consistent with E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended), all Federally-
assisted construction contractors are required to make good faith 
efforts to meet the goals

[[Page 31853]]

of 6.9 percent of construction project hours being performed by women, 
in addition to goals that vary based on geography for construction work 
hours and for work being performed by people of color. Under section 
503 of the Rehabilitation Act and its implementing regulations, 
affirmative action obligations for certain contractors include an 
aspirational employment goal of 7 percent workers with disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. 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. OFCCP may 
identify construction projects that receive an award under this notice 
that have a project cost above $35 million to participate in OFCCP's 
Mega Construction Project Program. If selected and the applicant agrees 
to participate, OFCCP will ask selected project sponsors to make clear 
to prime contractors in the pre-bid phase that award terms may 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.
vii. Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and MPOs in areas likely to be served by 
the project funds made available under these initiatives and programs. 
Selected projects must be incorporated into the long-range plans and 
transportation improvement programs of States and metropolitan areas 
before they are eligible for FTA funding. As described under the 
evaluation criteria, FTA will consider whether a project is consistent 
with or already included in these plans when evaluating a project.
viii. Standard Assurances
    The applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, directives, FTA 
circulars, and other Federal administrative requirements in carrying 
out any project supported by the FTA grant. The applicant acknowledges 
that it is under a continuing obligation to comply with the terms and 
conditions of the grant agreement issued for its project with FTA. The 
applicant understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and may 
affect the implementation of the project. The applicant agrees that the 
most recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. The applicant must submit the 
Certifications and Assurances before receiving a grant if it does not 
have current certifications on file.

3. Reporting

    Post-award reporting requirements include the electronic submission 
of Federal Financial Reports and Milestone Progress Reports. Applicants 
should include goals, targets, and indicators referenced in their 
applications to the project in the Executive Summary of the TrAMS 
application. Recipients or beneficiaries of funds made available 
through this NOFO are also required to regularly submit data to the 
National Transit Database. National Transit Database reports include 
total sources of revenue and complete expenditure reports for all 
public transportation operations, not just those funded by this 
project. Applicants partnering with a private operator should ensure 
that the private operator will meet all the comprehensive reporting 
requirements of the National Transit Database.
    FTA is committed to making evidence-based decisions guided by the 
best available science and data. In accordance with the Foundations for 
Evidence-based Policymaking Act of 2018 (Pub. L. 115-435), FTA may use 
information submitted in discretionary funding applications; 
information in FTA's Transit Award Management System (TrAMS), including 
grant applications, Milestone Progress Reports (MPRs), Federal 
Financial Reports (FFRs); transit service, ridership and operational 
data submitted in FTA's National Transit Database; documentation and 
results of FTA oversight reviews, including triennial and State 
management reviews; and other publicly available sources of data to 
build evidence to support policy, budget, operational, regulatory, and 
management processes and decisions affecting FTA's grant programs.
    As part of completing the annual certifications and assurances 
required of FTA grant recipients, a successful applicant must report on 
the suspension or debarment status of itself and its principals. If the 
award recipient's active grants, cooperative agreements, and 
procurement contracts from all Federal awarding agencies exceeds 
$10,000,000 for any period of time during the period of performance of 
an award made pursuant to this Notice, the recipient must comply with 
the Recipient Integrity and Performance Matters reporting requirements 
described in Appendix XII to 2 CFR part 200.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
[email protected], or Vanessa Williams, by phone at (202) 366-
4818 or Sarah Clements at (202) 366-3062. A TDD is available for 
individuals who are deaf or hard of hearing at 800-877-8339. In 
addition, FTA will post answers to questions and requests for 
clarifications on FTA's website at https://www.transit.dot.gov/grants/fta-ferry-programs. To ensure receipt of accurate information about 
eligibility or the program, the applicant is encouraged to contact FTA 
directly, rather than through intermediaries or third parties. For 
issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 1-800-
518-4726 or by email at [email protected]. Contact information for 
FTA's regional offices can be found on FTA's website at https://www.transit.dot.gov/about/regional-offices/regional-offices.

H. Other Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' FTA will consider 
applications for funding only from eligible recipients for eligible 
projects listed in section C.
    Applications and supporting materials submitted to FTA may be 
subject to disclosure under Federal laws including, but not limited to, 
the Freedom of Information Act (FOIA). If a submission contains trade 
secret or confidential commercial or financial information, the 
submitter should segregate that information and clearly identify and 
mark each instance as ``Confidential Business Information (CBI)'' along 
with an explanation of its confidentiality. A general legend on the 
cover of an application, by itself, is insufficient marking. FTA will 
endeavor to protect confidential business information complying with 
these requirements to the extent required under law. If FTA receives a 
FOIA request for confidential business information, FTA will follow the 
procedures in DOT's FOIA regulation at

[[Page 31854]]

49 CFR 7.29. Only information that is segregated and marked in 
accordance with this section will be considered for exemption under 
FOIA because of its business confidentiality.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-10551 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-57-P