Fiscal Year 2024 Competitive Funding Opportunity: All Stations Accessibility Program, 83597-83605 [2023-26346]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83597-83605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26346]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Fiscal Year 2024 Competitive Funding Opportunity: All Stations 
Accessibility Program

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

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for approximately $343 million in competitive 
grants under the fiscal year (FY) 2024 All Stations Accessibility 
Program (ASAP).

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on January 30, 
2024. Prospective applicants should initiate the process by registering 
on the GRANTS.GOV website promptly to ensure completion of the 
application process before the submission deadline. Instructions for 
applying can be found on FTA's website at https://www.transit.dot.gov/howtoapply and in the ``FIND'' module of GRANTS.GOV. The funding 
opportunity ID is FTA-2024-001-TPM-ASAP.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact Kevin Osborn, All Stations Accessibility 
Program Manager, via email at [email protected] or call 202-366-
7519.

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

    Division J of the Bipartisan Infrastructure Law (enacted as the 
Infrastructure Investment and Jobs Act, Pub. L. 117-58) authorizes FTA 
to award grants for public transportation rail station accessibility 
projects, for

[[Page 83598]]

``legacy'' stations, through a competitive process, as described in 
this notice. Legacy stations for purposes of this NOFO are defined as 
public transportation stations already constructed or where 
construction began prior to January 25, 1992, or for commuter rail 
stations already constructed or where construction began prior to 
October 7, 1991, that were not identified as key stations and remain 
not accessible to or usable by persons with disabilities, including 
wheelchair users. ASAP provides funding to States (including 
territories and Washington, DC) and local governmental authorities to 
help finance capital projects to upgrade the accessibility of legacy 
rail fixed guideway public transportation systems (e.g., subway, 
commuter rail, light rail) for persons with disabilities, including 
those who use wheelchairs, by increasing the number of existing 
stations or facilities, such as outdoor light-rail boarding and 
alighting areas, that are fully accessible. For purposes of this NOFO, 
``fully accessible'' means all of the passenger-use publicly accessible 
areas in the station(s) or facilities for passenger use meet or exceed 
the standards for new construction under title II of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) as incorporated into 
appendix A of 49 CFR part 37. Grants under this program are for (1) 
capital projects to repair, improve, modify, retrofit, or relocate 
infrastructure of stations or facilities for passenger use, including 
load-bearing members that are an essential part of the structural 
frame; or (2) for planning projects to develop or modify a plan for 
pursuing public transportation accessibility projects, assessments of 
accessibility, or assessments of planned modifications to stations or 
facilities for passenger use.
    This funding opportunity can be found under Federal Assistance 
Listing 20.533. FTA seeks to fund projects that 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). In addition, the 
Department intends to use the program to support the creation of good-
paying jobs with the free and fair choice to join a union and the 
incorporation of strong labor standards and 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). The 
Department also intends to use the program to 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.

B. Federal Award Information

    The Bipartisan Infrastructure Law appropriated $350,000,000 for FY 
2024 for ASAP. After the administrative oversight and Office of 
Inspector General takedown of $7,000,000, FTA is announcing the 
availability of $343,000,000 for ASAP grants through this notice. FTA 
may also award any additional funds made available for ASAP prior to 
project selections. FTA may cap the amount a single recipient or State 
may receive as part of the selection process.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date FY 2024 project selections are announced 
on FTA's website. Funds are available for obligation for three fiscal 
years after the fiscal year in which the competitive awards are 
announced. Funds are available only for eligible costs incurred after 
the date project selections are announced. FTA intends to fund as many 
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants for ASAP include designated recipients that 
operate or allocate funds to inaccessible pre-ADA--or ``legacy''--rail 
fixed guideway public transportation systems, and States (including 
territories and Washington, DC) and local governmental entities that 
operate or financially support legacy rail fixed guideway public 
transportation systems and corresponding legacy stations/facilities. 
The law limits ASAP to legacy rail fixed guideway public transportation 
systems with stations or facilities for passenger use that are not 
already accessible to and usable by persons with disabilities, 
including wheelchair users. To be considered eligible, applicants must 
be able to demonstrate the requisite legal, financial, and technical 
capabilities to receive and administer Federal funds under this 
program. Assistance on this requirement is available from FTA's 
Regional Offices.

2. Cost Sharing or Matching

    The maximum Federal share as identified in the law for an eligible 
project shall not exceed 80 percent of the net project cost.
    Eligible sources of match include the following: state or local 
government revenues, cash from non-government sources other than 
revenues from providing public transportation services; revenues 
derived from the sale of advertising and concessions; amounts received 
under a service agreement with a State or local social service agency 
or private social service organization; revenues generated from value 
capture financing mechanisms; funds from an undistributed cash surplus; 
replacement or depreciation cash fund or reserve; new capital; or in-
kind contributions. Transportation development credits or in-kind match 
may be used for local match if identified and documented in the 
application.

3. Eligible Projects

    Eligible projects under ASAP include (1) capital projects to 
repair, improve, modify, retrofit, or relocate infrastructure of 
stations or facilities for passenger use, including load-bearing 
members that are an essential part of the structural frame; or (2) for 
planning projects to develop or modify a plan for pursuing public 
transportation accessibility projects, assessments of accessibility, or 
assessments of planned modifications to stations or facilities for 
passenger use projects; or programs of projects in an eligible area. 
Please note, capital projects are limited to only those that, upon 
completion, will meet or exceed the standards for new construction 
under title II of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12131 et seq.), as incorporated into appendix A of 49 CFR part 
37. Eligible costs are limited to project costs associated with the 
accessibility improvements.
    Neither a capital grant nor a planning grant awarded under this 
program may be used to upgrade a station or facility for passenger use 
that is already accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs, consistent 
with the construction standards under title II of the Americans with 
Disabilities Act of 1990 (ADA) (42 U.S.C. 12131 et seq.) in place at 
the time the station or passenger facility was originally constructed 
or upgraded. Only legacy stations or passenger facilities that existed 
prior to the ADA and were not

[[Page 83599]]

made accessible in the intervening time are therefore eligible.
    Any project of station upgrades or passenger facility that does not 
result in full accessibility consistent with title II of the ADA as 
incorporated by appendix A of 49 CFR part 37 and usability by persons 
with disabilities, including wheelchair users, is not eligible under 
this program. Any project to upgrade a station previously identified as 
one already required to be accessible to and usable by persons with 
disabilities, including those that use wheelchairs, per the 
requirements of 49 CFR part 37, including key stations and intercity 
rail stations, is not eligible under this program. Projects for 
maintenance or repair activities for elements of existing accessible 
stations or passenger facilities that are otherwise subject to the 
ongoing maintenance requirements under 49 CFR 37.161(a) are not 
eligible under this program. Maintenance and repair activities for 
stations altered under this program are subject to the same ongoing 
maintenance provision, and are similarly ineligible.

D. Application and Submission Information

1. Address To Request Application Package

    Application materials may be accessed on grants.gov. Applications 
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. A complete proposal submission for each program consists of 
two forms: the SF-424 Application for Federal Assistance (available at 
GRANTS.GOV) and the supplemental form for the FY 2024 All Stations 
Accessibility Program (downloaded from GRANTS.GOV or the FTA website at 
https://www.transit.dot.gov/grants/all-stations-accessibility-program). 
Please note that if an applicant is applying for both a planning and 
construction project, they must submit two different applications via 
GRANTS.GOV. Failure to submit the information as requested can delay 
review or disqualify the application.

2. Content and Form of Application Submission

a. Proposal Submission
    A complete proposal submission for each program consists of two 
forms: (1) the SF-424 Application for Federal Assistance; and (2) the 
supplemental form for the FY 2024 All Stations Accessibility Program. 
The supplemental form and any supporting documents must be attached to 
the ``Attachments'' section of the SF-424. The application must include 
responses to all sections of the SF-424 Application for Federal 
Assistance and the supplemental form, unless indicated as optional. The 
information on the supplemental form will be used to determine 
applicant and project eligibility for the program, and to evaluate the 
proposal against the selection criteria described in section E of this 
notice.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages States and other applicants to consider submitting a 
single supplemental form that includes multiple activities to be 
evaluated as a consolidated proposal. If a State or other applicant 
chooses to submit separate proposals for individual consideration by 
FTA, each proposal must be submitted using a separate SF-424 and 
supplemental form. Applicants applying for both a planning and a 
construction project must submit two separate applications, one for 
each type of project.
    Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support, 
project budgets, accessibility information, or excerpts from relevant 
planning documents. Any supporting documentation must be described and 
referenced by file name in the appropriate response section of the 
supplemental form, or it may not be reviewed.
    Information such as applicant name, Federal amount requested, local 
match amount, description of areas served, etc. may be requested in 
varying degrees of detail on both the SF-424 and supplemental form. 
Applicants must fill in all fields unless stated otherwise on the 
forms. If information is copied into the supplemental form from another 
source, applicants should verify that pasted text is fully captured on 
the supplemental form and has not been truncated by the character 
limits built into the form. Applicants should use both the ``Check 
Package for Errors'' and the ``Validate Form'' validation buttons on 
both forms to check all required fields on the forms, and ensure that 
the Federal and local amounts specified are consistent. Applicants 
should enter their information in the supplemental form (fillable PDF) 
that is made available on FTA's website or through the GRANTS.GOV 
application package, and should attach this to the application in its 
original format. Applicants should not use scanned versions of the 
form, ``print'' the form to PDF, convert or create a version using 
another text editor, etc.
    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.
b. Application Content
    The SF-424 Application for Federal Assistance and the supplemental 
form will prompt applicants for the required information, including:
    i. Applicant name.
    ii. Unique Entity Identifier.
    iii. Key contact information (including contact name, address, 
email address, and phone).
    iv. Congressional district(s) where project will take place.
    v. Project information (including title, an executive summary, and 
type).
    vi. A detailed description of the need for the project.
    vii. A detailed description on how the project will support the 
Program's objectives.
    viii. Evidence that the project is consistent with local and 
regional planning documents.
    ix. Evidence that the applicant can provide the local cost share.
    x. A description of the technical, legal, and financial capacity of 
the applicant.
    xi. A detailed project budget--Project budgets should show how 
different funding sources will share in each activity and present those 
data in dollars and percentages. The budget should identify other 
Federal funds the applicant is applying for or has been awarded, if 
any, that the applicant intends to use. Funding sources should be 
grouped into three categories: non-Federal, ASAP and other Federal with 
specific amounts from each funding source.
    xii. An explanation of the scalability of the project--Applicants 
are encouraged to identify scaled funding options in case insufficient 
funding is available to fund a project at the full requested amount. If 
an applicant indicates that a project is scalable, the applicant must 
provide an appropriate minimum funding amount that will fund an 
eligible project that achieves the objectives of the program and meets 
all relevant program requirements. Proposed scalable projects must 
still result in a station or passenger facility with full accessibility 
to and usability by persons with disabilities, including wheelchair 
users. The applicant must provide a clear explanation of how the 
project budget would be affected by a

[[Page 83600]]

reduced award. FTA may award a lesser amount regardless of whether a 
scalable option is provided.
    xiii. Details on the non-Federal matching funds.
    xiv. Details on any other Federal funds awarded or applied for.
    xv. A detailed project timeline.
    xvi. A system map and listing of accessible vs inaccessible 
stations, and which station(s) they are proposing to upgrade.
    xvii. 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 before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. These requirements do not apply if the applicant 
has an exemption approved by FTA pursuant to 2 CFR 25.110(c) or is 
otherwise excepted from registration requirements. FTA may not make an 
award until the applicant has complied with all applicable unique 
entity identifier and SAM requirements. If an applicant has not fully 
complied with the requirements by the time FTA is ready to make an 
award, FTA may determine that the applicant is not qualified to receive 
an award and use that determination as a basis for making a Federal 
award to another applicant.
    All applicants must provide a unique entity identifier provided by 
SAM. Registration in SAM may take as little as 3-5 business days, but 
since there could be unexpected steps or delays (for example, if there 
is a need to obtain an Employer Identification Number), FTA recommends 
allowing ample time, up to several weeks, for completion of all steps. 
For additional information on obtaining a unique entity identifier, 
please visit 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 January 30, 2024. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Proposals submitted after the deadline will only be considered under 
extraordinary circumstances when the lateness was for reasons not under 
the applicant's control. Mail and fax submissions will not be accepted.
    Within 48 hours after submitting an electronic application, the 
applicant should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, include all original attachments 
regardless of which attachments were updated and check the box on the 
supplemental form indicating this is a resubmission.
    FTA urges applicants to submit applications at least 72 hours prior 
to the due date to allow time to receive the validation messages and to 
correct any problems that may have caused a rejection notification. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV website. Deadlines will not be extended due to scheduled 
website maintenance.
    Applicants are encouraged to begin the process of registration on 
the GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to take steps to keep their registrations up to 
date before submissions can be made successfully. For example, 
registration in SAM is renewed annually, and persons making submissions 
on behalf of the Authorized Organization Representative (AOR) must be 
authorized in GRANTS.GOV by the AOR to make submissions.

5. Funding Restrictions

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

6. Other Submission Requirements

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

E. Application Review Information

1. Criteria

    Projects will be evaluated primarily on the responses provided in 
the supplemental form. Additional information may be provided to 
support the responses; however, any additional documentation must be 
directly referenced on the supplemental form, including the file name 
where the additional information can be found. FTA will evaluate 
proposals based on the criteria described in this notice.
a. Demonstration of Need
    For station or passenger facility accessibility improvement 
projects:
    FTA will evaluate the need for the project, including supporting 
information that describes the lack of accessibility at, the condition, 
of and age of the stations or passenger facilities for passenger use to 
be made fully accessible. Applicants are encouraged to include a 
detailed project description and scope that explains how the proposed 
project will make all of the passenger-use publicly accessible areas in 
the station(s) or facilities for passenger use fully accessible in 
accordance with title II of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12131 et seq.), as incorporated into appendix A of 49 CFR 
part 37. Applicants should demonstrate that this is a legacy rail 
station that was not already required to be made fully accessible in 
accordance with the ADA.
    FTA will evaluate whether the project (1) addresses an overall lack 
of accessible stations in a particular geographic area; (2) is at a 
major interchange point with other transportation modes; (3) serves 
major activity or cultural centers, such as employment or government 
centers, sports or entertainment venues, centers of economic activity 
or commerce, cultural or community centers,

[[Page 83601]]

institutions of higher education, hospitals or other major health care 
facilities, or other facilities that are major trip generators; (4) is 
a transfer station(s) on a rail line, between rail lines, or is an end 
of the line station; (5) is a station or passenger facility where 
passenger boardings exceed average station or facility passenger 
boardings on the rail system and/or (6) is able to demonstrate 
reductions in ADA paratransit reliance through paratransit origin-to-
destination pairs analysis.
    For planning projects:
    FTA will evaluate how well the applicant demonstrates that the 
proposed planning project will develop or modify a plan for pursuing 
public transportation accessibility projects, assessments of 
accessibility, or assessments of planned modifications to stations or 
facilities for passenger use. Applicants are encouraged to reference 
how the project supports local and regional prioritization of increased 
accessibility at their existing legacy rail fixed guideway public 
transportation stations or passenger facilities.
b. Demonstration of Benefits
    For station or passenger facility accessibility improvement 
projects:
    FTA will evaluate how well the applicant details how the project 
will increase the accessibility of legacy rail fixed guideway public 
transportation systems for persons with disabilities, including those 
who use wheelchairs, by increasing the number of existing stations or 
passenger facilities for passenger use that meet or exceed the 
standards for new construction under title II of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) as incorporated into 
appendix A of 49 CFR part 37. See: https://www.access-board.gov/files/ada/ADAdotstandards.pdf. FTA will rate projects higher if they propose 
to exceed the construction standards, by providing multiple paths of 
travel for people with physical disabilities (including those who use 
wheelchairs) or technologies to improve accessibility for people with 
sensory or cognitive disabilities, as examples. FTA will evaluate if 
the applicant described how the proposed station, stations, or 
facilities for passenger use were analyzed and selected to improve 
accessibility and usability for passengers with disabilities within the 
system.
    For planning projects:
    FTA will evaluate how well the applicant details how the resulting 
planning project will advance accessibility for persons with 
disabilities, including wheelchair users, and result in a future 
capital project that will make a legacy station or facility fully 
accessible. FTA will evaluate how well the applicant addresses the 
timeline and steps remaining after the project would be completed, 
before a construction project could commence to repair, improve, 
modify, retrofit, or relocate infrastructure of stations or facilities 
for passenger use.
c. Planning and Local or Regional Prioritization
    FTA will evaluate how the applicant demonstrates how the proposed 
project is consistent with local and regional long-range planning 
documents and local government priorities. FTA will evaluate 
applications based on the extent to which the project is consistent 
with the transit priorities or illustrative projects identified in the 
metropolitan long-range plan or the investment prioritization portion 
of the transit asset management plan of the recipient pursuant to part 
625 of title 49 of the Code of Federal Regulations. Applicants may 
submit copies of the relevant pages of such plans to support their 
application. FTA will also consider letters of support from local and 
regional planning organizations, local government officials, public 
agencies, non-profit or private sector organizations, and other 
relevant stakeholders.
    FTA will evaluate if the applicant provided any information 
documenting outreach to, engagement with, and support for the project 
among the surrounding local disability community, such as centers for 
independent living, as well as other communities likely to be affected 
by the project, and explained how feedback received during the outreach 
was or was not meaningfully incorporated into project plans. 
Applications will be rated higher that demonstrate how the passenger 
stations or facilities proposed for investment were selected from a 
stakeholder engagement process with local disability community members 
and organizations, including individuals with physical disabilities 
(including those who use wheelchairs), sensory disabilities, and 
intellectual or developmental disabilities. Letters of support may be 
submitted with the application that demonstrate that each station 
proposed for investment is supported by stakeholders in the surrounding 
disability community.
    FTA will evaluate if the applicant documented compliance with all 
civil rights and other applicable legal requirements, as well as any 
information relevant to advancing the goal of environmental justice for 
all, such as access for persons with limited English proficiency, 
persons with disabilities, and persons experiencing environmental 
injustices.
    FTA will evaluate if the applicant identified current and future 
climate and natural hazard risks to the proposed project, or provided 
information in support of or the lack thereof. This includes 
consideration of risks over the service life of the project and 
identification of approaches to reduce potential disruptions to 
passengers from natural hazards. To support this narrative, the 
applicant may reference and include applicable excerpts from climate 
and/or environmental justice planning documents such as local or 
regional climate action plans.
d. Local Financial Commitment
    FTA will evaluate if the applicant identified the source of the 
non-Federal 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 non-
Federal cost share as evidence of local financial commitment to the 
project. FTA will evaluate if the applicant submitted evidence of the 
availability of funds for the project, for example, by including a 
board resolution, letter of support from the State, a budget document 
highlighting the line item or section committing funds to the proposed 
project, or other documentation of the source of non-Federal funds. The 
applicant should also identify other Federal funds the applicant is 
applying for or has been awarded, if any, that the applicant intends to 
use.
e. Project Implementation Strategy
    FTA will rate projects higher if grant funds can be obligated 
within 12 months of selection and the project can be implemented within 
a reasonable time frame. In assessing when funds can be obligated, FTA 
will consider whether the project qualifies for a Categorical Exclusion 
(CE), or whether the required environmental work has been initiated or 
completed for a project that requires an Environmental Assessment (EA) 
or Environmental Impact Statement (EIS) under the National 
Environmental Policy Act of 1969 (NEPA). As such, applicants should 
submit information describing the project's anticipated path and 
timeline through the environmental review process for all proposals, 
including whether the project qualifies for a CE. The proposal must 
state when grant funds can be obligated and indicate the timeframe 
under which the Metropolitan Transportation Improvement Program (TIP) 
and

[[Page 83602]]

Statewide Transportation Improvement Program (STIP) can be amended, if 
necessary, to include the proposed project.
    In assessing whether the proposed implementation plans are 
reasonable and complete, FTA will review the proposed project 
implementation plan, including all necessary project milestones and the 
overall project timeline. For projects that will require formal 
coordination, approvals, or permits from other agencies or project 
partners, the applicant must demonstrate coordination with these 
organizations and their support for the project, such as through 
letters of support.
f. Technical, Legal, and Financial Capacity
    FTA will evaluate if the applicant demonstrates that they have the 
technical, legal, and financial capacity to undertake the project.
    FTA will review relevant oversight assessments and records to 
determine whether there are any outstanding legal, technical, or 
financial issues with the applicant that would affect the outcome of 
the proposed project. Applicants with outstanding legal, technical, or 
financial compliance issues from an FTA compliance review or FTA grant-
related Single Audit finding must explain how corrective actions taken 
will mitigate negative impacts on the proposed project.

2. Review and Selection Process

    A technical evaluation committee will evaluate proposals based on 
the published evaluation criteria. FTA may request additional 
information from applicants, if necessary. Based on the review of the 
technical evaluation committee, the FTA Administrator will determine 
the final selection of projects for program funding. In determining the 
allocation of program funds, FTA may consider geographic diversity, 
diversity in the size of the transit systems receiving funding, and the 
applicant's receipt of other competitive awards. FTA may also consider 
capping the amount a single applicant may receive.
    After applying the above criteria, and in support of Executive 
Order 14052, Implementation of the Infrastructure Investment and Jobs 
Act, FTA will give priority based on several considerations.
    FTA will 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); and 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; and, for facility projects over $35 
million in total project cost, whether the project will use a Project 
Labor/Community Workforce Agreement and, for facility projects over $35 
million, 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).
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    \1\ Supportive services are critical to help women and people 
facing systemic barriers to employment be able to participate and 
thrive in training and employment. Supportive services include 
childcare, tools, work clothing, application fees and other costs of 
apprenticeship or required pre-employment training, transportation 
and travel to training and work sites, and services aimed at helping 
to retain underrepresented groups such as mentoring, support groups, 
and peer networking.
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    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 
the Interim Guidance for the Justice40 Initiative, Historically 
Disadvantaged Communities include (a) certain qualifying census tracts 
identified as disadvantaged due to categories of environmental, 
climate, and socioeconomic burdens, as identified by the Climate and 
Economic Justice Screening Tool, and (b) any Federally Recognized 
Tribes or Tribal entities, whether or not they have land.\2\ Applicants 
should use Climate & Economic Justice Screening Tool (CEJST), a new 
tool by the White House Council on Environmental Quality (CEQ), that 
aims to help Federal agencies identify disadvantaged communities as 
part of the Justice40 initiative to accomplish the goal that 40% of 
overall benefits from certain federal investments reach disadvantaged 
communities. See https://screeningtool.geoplatform.gov/. Applicants 
should use CEJST as the primary tool to identify disadvantaged 
communities (Justice40 communities). Applicants are strongly encouraged 
to supplement their use of the CEJST by employing the USDOT Equitable 
Transportation Community (ETC) Explorer to understand how their 
community or project area is experiencing disadvantage related to lack 
of transportation investments or opportunities. Through understanding 
how a community or project area is experiencing transportation-related 
disadvantage, applicants are able to address how the benefits of a 
project will reverse or mitigate the burdens of disadvantage and 
demonstrate how the project will address challenges and accrued 
benefits. https://www.transportation.gov/priorities/equity/justice40/etc-explorer. Additionally, in support of the Justice40 Initiative, the 
applicant also should provide evidence of any 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 either mapping 
tool, please contact [email protected]. \3\
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    \2\ https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf.
    \3\ See also https://static-data-screeningtool.geoplatform.gov/data-versions/1.0/data/score/downloadable/CEQ-CEJST-Instructions.pdf.
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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. 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

    FTA will announce the final project selections on the FTA website. 
Selectees should contact their FTA Regional Offices for additional 
information regarding allocations for projects. At the time the project 
selections are announced, FTA expects to extend pre-award authority for 
the selected projects

[[Page 83603]]

(see section D.5 of this notice for more information). There is no pre-
award authority for these projects before announcement.

2. Administrative and National Policy Requirements

a. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of funding in urban areas 
are subject to the grant requirements of the Urbanized Area Formula 
Grants program (49 U.S.C. 5307), including those of FTA Circular 
``Urbanized Area Formula Program: Program Guidance and Application 
Instructions'' (FTA.C.9030.1E). Recipients of funding in rural areas 
are subject to the grant requirements of the Formula Grants for Rural 
Areas Program (49 U.S.C. 5311), including those of FTA Circular 
``Formula Grants for Rural Areas: Program Guidance and Application 
Instructions'' (FTA.C.9040.1G). All recipients must accept the FTA 
Master Agreement and follow FTA Circular ``Award Management 
Requirements'' (FTA.C.5010.1E) and the labor protections required by 
Federal public transportation law (49 U.S.C. 5333(b)). Technical 
assistance regarding these requirements is available from the relevant 
FTA regional office.
    By submitting a grant application, the applicant assures that it 
will comply with all applicable Federal statutes, regulations, 
Executive Orders, directives, FTA circulars and other Federal 
administrative requirements in carrying out any project supported by 
the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and 
3146-3148) as supplemented by Department of Labor regulations (29 CFR 
part 5, ``Labor Standards Provisions Applicable to Contracts Covering 
Federally Financed and Assisted Construction''). Further, the applicant 
acknowledges that it is under a continuing obligation to comply with 
the terms and conditions of the grant agreement issued for its project 
with FTA. The applicant understands that Federal laws, regulations, 
policies, and administrative practices might be modified from time to 
time and may affect the implementation of the project. The applicant 
agrees that the most recent Federal requirements will apply to the 
project unless FTA issues a written determination otherwise. The 
applicant must submit the Certifications and Assurances before 
receiving a grant if it does not have current certifications on file.
    As authorized by section 25019 of the BIL, applicants are 
encouraged to implement a local or other geographical or economic 
hiring preference relating to the use of labor for construction of a 
project funded by the grant, including pre-hire agreements, subject to 
any applicable State and local laws, policies, and procedures.
b. Made in America
    A project funded under this NOFO must comply with FTA's Buy America 
(49 U.S.C. 5323(j)) and the Build America, Buy America Act's domestic 
preference requirements for infrastructure projects (sections70901-
70927 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58), 
which together require that all iron, steel, manufactured goods, and 
construction materials used in the project be produced in the United 
States and set minimum domestic content and final assembly requirements 
for rolling stock.
    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.
c. Civil Rights Requirements
    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, the Americans with 
Disabilities Act (ADA), section 504 of the Rehabilitation Act, and 
accompanying regulations. This should include a current title VI 
program plan and a completed Community Participation Plan 
(alternatively called a Public Participation Plan and often part of the 
overall title VI program plan), if applicable. Applicants who have not 
sufficiently demonstrated the conditions of compliance with civil 
rights requirements will be required to do so before receiving funds.
    Recipients of Federal transportation funding will be required to 
comply fully with the DOT's regulations and guidance for the ADA and 
all relevant civil rights requirements. The Department's and FTA's 
Office of Civil Rights will work with awarded grant recipients to 
ensure full compliance with Federal civil rights requirements.
d. Disadvantaged Business Enterprise
    Recipients of planning or capital assistance that will award prime 
contracts, the cumulative total of which exceeds $250,000 in FTA funds 
in a Federal fiscal year, must comply with the Disadvantaged Business 
Enterprise (DBE) program regulations (49 CFR part 26).
e. Federal Contract Compliance
    As a condition of grant award all applicants must comply with E.O. 
11246, Equal Employment Opportunity (30 FR 12319, and as amended). 
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.
    As authorized by section 25019 of the BIL, applicants are 
encouraged to implement a local or other geographical or economic 
hiring preference relating to the use of labor for construction of a 
project funded by the grant, including pre-hire agreements, subject to 
any applicable State and local laws, policies, and procedures.
f. Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. TSA issued Security Directive 1582-21-01B, ``Enhancing 
Public Transportation and Passenger Railroad Cybersecurity'' on October 
24, 2023. The Security Directive, which extends previous Security 
Directives, applies to all public

[[Page 83604]]

passenger rail owners and operators identified in 49 CFR 1582.101, 
requires four critical actions:
    1. Designate a cybersecurity coordinator who is required to be 
available to TSA and the DHS's CISA at all times (all hours/all days) 
to coordinate implementation of cybersecurity practices, and manage of 
security incidents, and serve as a principal point of contact with TSA 
and CISA for cybersecurity-related matters;
    2. Report cybersecurity incidents to CISA;
    3. Develop a Cybersecurity Incident Response Plan to reduce the 
risk of operational disruption should their Information and/or 
operational technology systems be affected by a cybersecurity incident; 
and
    4. Conduct a cybersecurity vulnerability assessment using the form 
provided by TSA and submit the form to TSA. The vulnerability 
assessment will include an assessment of current practices and 
activities to address cyber risks to information and operational 
technology systems, identify gaps in current cybersecurity measures, 
and identify remediation measures and a plan for the owner/operator to 
implement the remediation measures to address any vulnerabilities and 
gaps.
    TSA issued IC-2021-01, ``Enhancing Surface Transportation 
Cybersecurity'', dated December 31, 2021, which applies to each 
passenger railroad, public transportation agency, or rail transit 
system owner/operator identified in 49 CFR 1582.1. This circular 
provides the same four recommendations for enhancing cybersecurity 
practices listed above. While this document is guidance and does not 
impose any mandatory requirements, TSA strongly recommends the adoption 
of the measures set forth in the circular.
    On February 10, 2023, FTA published a Cybersecurity Assessment Tool 
for Transit (CATT). This tool was developed with the goal to onboard 
public transit organizations develop and strengthen their cybersecurity 
program to identify risks and prioritize activities to mitigate these 
risks.
g. Planning
    FTA encourages applicants to notify the appropriate State 
departments of transportation and Metropolitan Planning Organizations 
(MPOs) in areas likely to be served by the project funds made available 
under this program. Selected projects must be incorporated into the 
long-range plans and transportation improvement programs of States and 
metropolitan areas before they are eligible for FTA funding.
h. Performance and Program Evaluation
    As a condition of grant award, grant recipients may be required to 
participate in an evaluation undertaken by DOT or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. 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 115-435 (2019) urges Federal 
awarding agencies and Federal assistance recipients and subrecipients 
to use program evaluation as a critical tool to learn, to improve 
equitable delivery, and to elevate program service and delivery across 
the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency.'' 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).

3. Reporting

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

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact 
Kevin Osborn, ASAP Program Manager, via email at [email protected], 
or by phone at 202-366-7519. 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 ASAP 
homepage at: https://www.transit.dot.gov/grants/all-stations-accessibility-program. To ensure applicants receive accurate 
information about eligibility or the program, applicants are encouraged 
to contact FTA with questions directly, rather than through 
intermediaries or third parties. 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.
    For technical issues with GRANTS.GOV, please contact GRANTS.GOV by 
phone at 1-800-518-4726 or by email at grants.gov">support@grants.gov.

[[Page 83605]]

H. Other Information

    User-friendly information and resources regarding DOT's 
discretionary grant programs relevant to rural applicants can be found 
on the Rural Opportunities to Use Transportation for Economic Success 
(ROUTES) website at https://www.transportation.gov/rural.
    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''
    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 an applicant submits information 
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 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, explain how disclosure of the confidential 
information would cause substantial competitive harm. FTA will protect 
confidential information complying with these requirements to the 
extent required under applicable law. If FTA receives a Freedom of 
Information Act (FOIA) request for the information that the applicant 
has marked in accordance with this section, FTA will follow the 
procedures described in DOT's FOIA regulations at 49 CFR 7.29. Only 
information that is in the separate document, marked in accordance with 
this section, and ultimately determined to be confidential will be 
exempt from disclosure under FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-26346 Filed 11-29-23; 8:45 am]
BILLING CODE 4910-57-P