[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 49017-49020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20013]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2010-0035]


America's Marine Highway Grant Notice of Funding Availability

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Grant Notice of Funding Availability.

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SUMMARY: On October 28, 2009, the President of the United States signed 
the 2010 National Defense Authorization Act (NDAA). Section 3515 of the 
NDAA, titled America's Short Sea Transportation Grants for the 
Development of Marine Highways, amended Section 55601 of the 2007 
Energy Independence and Security Act, titled Short Sea Transportation 
Program. Section 3515 of the NDAA directs the Secretary of 
Transportation (Secretary) to establish and implement a short sea 
transportation grant program to implement projects or components of a 
project designated under subsection (d) of Section 55601.
    Marine Highway Projects are new waterborne transportation services, 
or expansions of existing services operating between U.S. ports or 
between U.S. ports and ports in Canada in the Great Lakes Saint 
Lawrence Seaway. Projects are proposed by a project sponsor and 
formally designated by the Secretary under the America's Marine Highway 
Program. Projects that reduce external cost and provide public benefit 
by transporting passengers and/or freight (container or wheeled) in 
support of all or a portion of a Marine Highway Corridor, Connector, or 
Crossing may receive support from DOT and are eligible to compete for 
Marine Highway grants under the program described in this notice. 
Marine Highway projects and their designation are described in detail 
in the final rule published on April 9, 2010, at 75 FR 18095.
    It is neither the purpose nor the intent of these grants to shift 
passengers or freight currently moving by water to another water 
service, but rather to expand the use of marine transportation where 
landside transportation is currently being utilized and when the water 
option represents the best overall option. Therefore a project that 
directly competes with another, existing Marine Highway service will 
not be considered for a grant award.
    In order to receive a grant under the program, applicants are 
required to: submit an application to the Secretary in such form and 
manner, at such time, and containing such information as the Secretary 
may require, and demonstrate to the satisfaction of the Secretary that 
the project is financially viable, the funds received will be spent 
efficiently and effectively, and a market exists for the services of 
the proposed project as evidenced by contracts or written statements of 
intent from potential customers. Applicants are required to provide at 
least 20 percent of the project costs from non-Federal sources. In 
awarding grants under the program, the Secretary shall give preference 
to those projects or components that present the most financially 
viable transportation services and require the lowest percentage 
Federal share of the costs. A plan is financially viable upon 
demonstration to the Secretary of Transportation that the project will 
be sustainable in a specified and reasonable timeframe. The Maritime 
Administration's Fiscal Year 2010 appropriations, signed by the 
President of the United States on December 16, 2009, included 
$7,000,000 to ``designate and support specific projects that will 
create new or expanded services along designated Marine Highway 
Corridors.'' Funds for this purpose will be allocated through the 
Marine Highway Grant Program established in the NDAA and set forth in 
this notice.
    This notice announces the availability of funding for Marine 
Highway grants, and establishes selection criteria and application 
requirements.
    Marine Highway Grants will be awarded to applicants to implement 
projects or components of projects designated under America's Marine 
Highway Program as outlined in the final rule published on April 9, 
2010. Eligible applicants must be sponsors of Marine Highway Projects 
formally designated by the Secretary.
    Sponsors of designated Marine Highway Projects are eligible to 
apply for a Marine Highway Grant as described in this notice.

DATES: Grant applications must be received by 5 p.m., August 27, 2010. 
The Department of Transportation (DOT) will evaluate all applications 
and announce the projects that have been selected to receive grant 
funds as soon as possible after the Application Deadline.

ADDRESSES: Grant applications must be submitted electronically through 
Grants.gov. Only applications received through Grants.gov will be 
deemed properly filed. Instructions for submitting applications through 
Grants.gov are included in Section IV (Submission of Applications).
    Paperwork Reduction Act: In accordance with the Paperwork Reduction 
Act of 1995, (44 U.S.C. Chapter 35), the America's Marine Highway (AMH) 
information collection was previously approved by the Office of 
Management and Budget (OMB) and was assigned the OMB control number 
2133-0541.

FOR FURTHER INFORMATION CONTACT: Please contact the Marine Highway 
Grants program manager via e-mail at [email protected], or contact 
Michael Gordon at (202) 366-5468.

Table of Contents

I. Background
II. Eligibility
III. Selection Criteria
IV. Submission of Applications
V. Evaluation Process
VI. Contents of Application
VII. Grant Administration

I. Background

    Three legislative actions in combination require implementation of 
a Marine Highway Program, including the designation of Marine Highway 
Projects, the authorization of Marine Highway grants, and the 
appropriation of funds for such grants. These are described below.

[[Page 49018]]

    The Energy Independence and Security Act of 2007, Sections 1121, 
1122, and 1123 of Public Law 110-140, enacted on December 19, 2007 (121 
STAT. 1492), calls for the Secretary of Transportation to establish a 
short sea transportation (Marine Highway) program and designate short 
sea transportation projects to mitigate landside congestion. It 
encourages the development and expansion of the use of documented 
vessels, increased shipper utilization, port and landside 
infrastructure improvement, and development of marine transportation 
strategies by State and local governments.
    As required by the Energy Independence and Security Act of 2007, 
the Maritime Administration published a final rule on April 9, 2010, 
establishing America's Marine Highway Program, 75 FR 18095 (April 9, 
2010), including the designation of Marine Highway Projects (Section 
393.4). The intent of Section 393.4 is to designate and provide support 
to projects that lead to Marine Highway services which, if successfully 
implemented, expanded, or otherwise enhanced, would reduce external 
costs and provide the greatest benefit to the public. In addition to 
reduced transportation delays, public benefits can include, but are not 
limited to, reduced emissions including greenhouse gases, reduced 
energy consumption, road or rail infrastructure maintenance savings, 
and improved safety. Additional consideration will be given to Marine 
Highway Projects that represent the most cost-effective option among 
other modal improvements or reduce border congestion. Some Marine 
Highway Projects can also provide public benefit by offering routes 
that are more resilient to incidents that interrupt surface 
transportation, or provide additional, redundant surface transportation 
options. Designation can help focus public and private investment on 
pre-identified projects that offer the maximum potential public 
benefit, may receive support from DOT, and are eligible to compete for 
Marine Highway grants under the program described in this notice. 
Enactment of section 3515 of the 2010 National Defense Authorization 
Act (Pub. L. 111-84) (NDAA) directs the Secretary to establish and 
implement a Marine Highway grant program to implement projects or 
components of projects designated as a Marine Highway Project. In order 
to receive a grant under this program, applicants must submit an 
application to DOT and demonstrate that the project is financially 
viable, the funds will be spent efficiently and effectively, and that a 
market exists for the services of the proposed project as evidenced by 
contracts or written statements of intent from potential customers. It 
also requires that applicants provide at least 20 percent of the 
project costs from non-Federal sources. It calls for DOT to give 
preference to projects that represent the most financially viable 
transportation services and require the lowest Federal cost share.
    The 2010 NDAA directs DOT to establish and implement a short sea 
transportation grant program to implement projects or components of 
projects designated as a Marine Highway Project. The Fiscal Year 2010 
DOT Appropriation includes $7,000,000 from the O&T funds for the Secure 
and Efficient Ports Initiative, which seeks to develop the Nation's 
intermodal freight infrastructure by linking coastal and inland ports 
to the highway and rail networks. It recognizes the important role that 
our ports and waterways can play in easing congestion and increasing 
mobility by moving both freight and passengers from our roads to 
waterways. The funding provided as part of this initiative will allow 
DOT to designate and support specific projects that will create new or 
expanded services along designated Marine Highway Corridors. In 
addition, the funding will allow for the collection of data to support 
the expanded use of a secure national marine highway. The intent of 
this grant program is to expand the use of water transportation.

II. Eligibility

    Applicants eligible for Marine Highway Grants are project sponsors 
that have received designation by DOT for a specific Marine Highway 
Project under the America's Marine Highway Program. Project sponsors 
are public entities, including but not limited to, Metropolitan 
Planning Organizations, State governments (including State Departments 
of Transportation), and port authorities. Project sponsors are 
encouraged to develop coalitions and public/private partnerships that 
can include vessel owners and operators, third party logistics 
providers, trucking companies, shippers, railroads, port authorities, 
State, regional, and local transportation planners, environmental 
interests or any combination of entities working in collaboration under 
a single application. Components of projects that are eligible for 
grant funding include, but are not limited to, the following items, 
generally in order of priority:

--Port and terminal infrastructure (wharves, docks, terminals, paving, 
etc.),
--Cargo, passenger and/or vessel handling equipment,
--Efficiency or capacity improvements in ports, terminals, aboard 
vessels, intermodal connectors, etc.,
--Investments that improve environmental sustainability,
--New or used vessel purchase or vessel modifications, and
--Research, planning, or environmental analysis or review.

III. Selection Criteria

    This section specifies the criteria that DOT will use to evaluate 
applications. Three criteria will be considered in the evaluation 
process, which were established in the final rule. This information 
will have been provided by applicants during the project designation 
process. No additional applicant input is required to address these 
criteria. These criteria establish the degree to which projects are 
expected to:
    1. Reduce external cost and provide public benefit,
    2. Offer a lower-cost alternative to increasing land-based capacity 
in the Corridor, and
    3. Demonstrate the likelihood of financial viability.
    Applicants may, however, opt to provide additional information 
specific to the above criteria if they desire. In evaluating this 
option, applicants should consider paragraph (g)(2)(B) of Section 3515 
of NDAA of 2010, which requires that, in order to receive a grant under 
the program, the following factors must be taken into consideration:
    1. Applicants demonstrate to the satisfaction of DOT that the funds 
received will be spent efficiently and effectively,
    2. Applicants demonstrate to the satisfaction of DOT that a market 
exists for the services of the proposed project as evidenced by 
contracts or written statements of intent from potential customers,
    3. Applicants provide at least 20 percent of the costs from non-
Federal sources, and,
    4. In awarding grants under the program, DOT give preference to 
those projects or components that present the most financially viable 
transportation services and require the lowest percentage Federal share 
of the costs.
    While the criteria above were generally addressed in the original 
Marine Highway Project application requirements (Section 
393.4(e)1(F)(vi), and Business Planning (vii); Proposed Project 
Timeline), these more specific

[[Page 49019]]

requirements may warrant submission of additional information in 
response to this Notice of Funding Availability. It is important that 
this information is available to DOT during the grant evaluation 
process.
    All grant applications will be reviewed pursuant to the 
requirements of the National Environmental Policy Act (NEPA), 42 U.S.C. 
4321, et seq.

IV. Submission of Applications

    Applications must be submitted through http://www.grants.gov 
(grants.gov). To apply for funding through Grants.gov, applicants must 
be properly registered. Complete instructions on how to register and 
submit applications can be found on the Web site; registration must be 
completed before an application can be submitted. If interested parties 
experience difficulties at any point during the registration or 
application process, they should call the Grants.gov Customer Support 
Hotline at 1-800-518-4726, Monday-Friday from 7 a.m. to 9 p.m. Eastern 
Time. The Catalog of Federal Domestic Assistance (CFDA) number for this 
solicitation is 20.816, titled America's Marine Highway Grants. 
Additional information on applying through Grants.gov is available in 
Appendix A, attached hereto.

V. Evaluation Process

    DOT will use the evaluation, weighting, and selection processes as 
set forth in Section 393.4(e)6 contained in the final rule implementing 
the Marine Highway Program (MARAD-2010-0035) to review and select 
Marine Highway Grant applications. In addition, an assessment of the 
overall project risk factors will be conducted and considered during 
the evaluation process.

VI. Contents of Application

    An applicant for a Marine Highway Grant should include all of the 
information requested below in the application. DOT reserves the right 
to ask any applicant to supplement the data in its application, but 
expects applications to be complete upon submission. To the extent 
practical, DOT encourages applicants to provide data and evidence of 
project merits in a form that is verifiable.
    A. Length of Application. The narrative portion of an application 
should not exceed 10 pages. Documentation supporting assertions made in 
the narrative portion may also be provided, but should be limited to 
relevant information. If possible, Web site links to supporting 
documentation should be provided instead of copies of these materials. 
At the applicant's discretion, relevant materials provided previously 
in support of a Marine Highway Project application may be referenced 
and described as unchanged. To the extent referenced, this information 
need not be resubmitted for the Marine Highway grant application.
    B. First Page of Application: The first page of the application 
should provide the following items of information:
    1. Marine Highway Project name (as stated in the Department's 
Letter of Designation).
    2. Primary point of contact for applicant.
    3. Amount in dollars, of Grant Funds the applicant is seeking, 
along with sources, and share of other matching funds.
    4. Summary statement of how the grant funding will be applied.
    5. Project parties.
    6. Data Universal Numbering System (DUNS) number. Recipients of 
Marine Highway grants and their first-tier sub-awardees will be 
required to have DUNS numbers (http://www.dnb.com) and current 
registrations in the Central Contractor Registration (http://www.ccr.gov). While these items do not need to be provided as part of 
the application, a Marine Highway grant will not be awarded if a 
recipient or first-tier sub-awardee does not have these items.
    C. Contact Information. An application should include the name, 
phone number, e-mail address, and organization address of the primary 
point of contact for the applicant. DOT will use this information to 
inform applicants of DOT's decision regarding selection of grantees, as 
well as to contact them in the event that DOT needs additional 
information about applications.
    D. Grant Funds and Sources and Uses of Project Funds. An 
application should include specific information about the amount of 
grant funding requested, sources and uses of all project funds, total 
project costs, percentage of project costs that would be paid for with 
Marine Highway grant funds and the identity and percentage shares of 
all parties providing funds for the project (including Federal funds 
provided under other programs).
    E. Selection Criteria. In general, applications will be evaluated 
based on the information provided in the original application for 
designation as a Marine Highway Project as set forth in the final rule 
implementing the Marine Highway Program (MARAD-2010-0035). However, as 
addressed in Section III (Selection Criteria) of this notice, 
applicants may provide additional information. This information should 
be provided in the order it was solicited in the final rule.
    F. National Environmental Policy Act (NEPA) Requirement. An 
application must detail whether the project will significantly affect 
the human environment. Applicants should consult the Maritime 
Administration's Manual of Orders, MAO-600-1, Procedures for 
Considering Environmental Impacts, available at http://www.marad.dot.gov/documents/mao_600-001-0.pdf and 40 CFR Part 1500 to 
ensure that the proper environmental impact information is included 
with the grant application. If the NEPA, or comparable state NEPA, 
process has already been completed, an applicant must indicate the date 
of, and provide a Web site link or other reference to, the final 
environmental document(s). If the NEPA process is underway but not 
complete, the application must detail where the project is in the 
process, indicate the anticipated date of completion, and provide a Web 
site link or other reference to copies of any environmental documents 
prepared.
    G. Environmentally Related Federal, State, and Local Actions. An 
application must indicate whether the proposed project is likely to 
require actions by other agencies (e.g., permits), indicate the status 
of such actions, and provide a Web site link or other reference to 
materials submitted to the other agencies, and/or demonstrate 
compliance with other Federal, state, and local regulations and permits 
as applicable.
    H. Certification Requirements. In order for an application to be 
considered for a grant award, the Chief Executive Officer of the 
applicant is required to certify, in writing, the following:
    1. That, except as noted in this grant application, nothing has 
changed from the original application for formal designation as a 
Marine Highway Project.
    2. The project sponsor will administer the project and any funds 
received will be spent efficiently and effectively.
    3. Applicants will provide information, data, and reports as 
required by the grantor.
    I. Protection of Confidential Business Information. All information 
submitted as part of or in support of an application shall use publicly 
available data or data that can be made public and methodologies that 
are accepted by industry practice and standards, to the extent 
possible. If the application includes information that the applicant 
considers to be a trade secret or confidential commercial or financial

[[Page 49020]]

information, the applicant should do the following: (1) Note on the 
front cover that the submission ``Contains Confidential Business 
Information (CBI)''; (2) mark each affected page ``CBI''; and (3) 
highlight or otherwise denote the CBI portions. DOT protects such 
information from disclosure to the extent allowed under applicable law. 
In the event DOT receives a Freedom of Information Act (FOIA) request 
for the information, DOT will follow the procedures described in its 
FOIA regulations at 49 CFR 7.17. Only information that is ultimately 
determined to be confidential under that procedure will be exempt from 
disclosure under FOIA.

VII. Grant Administration

    All applicable Federal laws, rules, and regulations will apply to 
projects that receive Marine Highway grants. How soon after award a 
project is expected to expend grant funds and start construction, 
acquisition, or procurement will be considered on a case-by-case basis 
and will be specified in the project-specific grant agreement. DOT 
reserves the right to revoke any award of Marine Highway grant funds 
and to award such funds to another project to the extent that such 
funds are not expended in a timely manner and in accordance with the 
project schedule. DOT's ability to obligate funds for Marine Highway 
grants expires on September 30, 2010.

Appendix A

    Additional Information on Applying Through Grants.gov. 
Applications for Marine Highway grants must be submitted through 
Grants.gov. To apply for funding through Grants.gov, applicants must 
be properly registered. Complete instructions on how to register and 
apply can be found at http://www.grants.gov. If interested parties 
experience difficulties at any point during the registration or 
application process, please call the Grants.gov Customer Support 
Hotline at 1-800-518-4726, Monday-Friday from 7 a.m. to 9 p.m. 
Eastern Time. Registering with Grants.gov is a one-time process; 
processing delays may occur for first-time registrants to receive 
confirmation and a user password. It is highly recommended that 
applicants start the registration process as early as possible to 
avoid delays that may preclude submitting an application by the 
deadline specified. Applications will not be accepted after the 
relevant due date; delayed registration is not an acceptable reason 
for extensions. In order to apply for a Marine Highway grant under 
this announcement and to apply for funding through Grants.gov, all 
applicants are required to complete the following:
    1. Acquire a Data Universal Numbering System Number. A Data 
Universal Numbering System (DUNS) number is required for Grants.gov 
registration. The Office of Management and Budget requires that all 
businesses and nonprofit applicants for Federal funds include a DUNS 
number in their applications for a new award or renewal of an 
existing award. A DUNS number is a unique nine-digit sequence 
recognized as the universal standard for identifying and keeping 
track of entities receiving Federal funds. The identifier is used 
for tracking purposes and to validate address and point of contact 
information for Federal assistance applicants, recipients, and sub-
recipients. The DUNS number will be used throughout the grant life-
cycle. Obtaining a DUNS number is a free, one-time activity. Obtain 
a DUNS number by calling 1-866-705-5711 or by applying online at 
http://www.dnb.com.
    2. Acquire or Renew Registration with the Central Contractor 
Registration (CCR) Database. All applicants for Federal financial 
assistance maintain current registrations in the Central Contractor 
Registration (CCR) database. An applicant must be registered in the 
CCR to successfully register in Grants.gov. The CCR database is the 
repository for standard information about Federal financial 
assistance applicants, recipients, and sub-recipients. Organizations 
that have previously submitted applications via Grants.gov are 
already registered with CCR, as it is a requirement for Grants.gov 
registration. Please note, however, that applicants must update or 
renew their CCR registration at least once per year to maintain an 
active status, so it is critical to check registration status well 
in advance of relevant application deadlines. Information about CCR 
registration procedures can be accessed at http://www.ccr.gov.
    3. Acquire an Authorized Organization Representative (AOR) and a 
Grants.gov Username and Password. Complete your AOR profile on 
Grants.gov and create your username and password. You will need to 
use your organization's DUNS number to complete this step. For more 
information about the registration process, go to http://www.grants.gov/applicants/get_registered.jsp.
    4. Acquire Authorization for your AOR from the E-Business Point 
of Contact (E-Biz POC). The E-Biz POC at your organization must log 
into Grants.gov to confirm your AOR. Please note that there can be 
more than one AOR for your organization.
    5. Search for the Funding Opportunity on Grants.gov. Please use 
the following identifying information when searching for the Marine 
Highway grant opportunity on Grants.gov. The Catalog of Federal 
Domestic Assistance (CFDA) number for this solicitation is 20.816, 
which is titled America's Marine Highway Grants.
    6. Submit an Application Addressing All of the Requirements 
Outlined in this Funding Availability Announcement. Within 24-48 
hours after submitting your electronic application, you should 
receive an email validation message from Grants.gov. The validation 
message will tell you whether the application has been received and 
validated or rejected, with an explanation. You are urged to submit 
your application at least 72 hours prior to the due date of the 
application to allow time to receive the validation message and to 
correct any problems that may have caused a rejection notification. 
Note: When uploading attachments please use generally accepted 
formats such as .pdf, .doc, and .xls. While you may imbed picture 
files such as .jpg, .gif, or .bmp, in your files, please do not save 
and submit attachments in these formats. Additionally, the following 
formats will not be accepted: .com, .bat, .exe, .vbs, .cfg, .dat, 
.db, .dbf, .dll, .ini, .log, .ora, .sys, and .zip.
    Unforeseen Grants.gov Technical Issues. If you experience 
unforeseen Grants.gov technical issues beyond your control that 
prevent you from submitting your application by the deadline, you 
must contact Michael Gordon at 202-366-5468 or 
[email protected] within 24 hours after the deadline and 
request approval to submit your application by alternate means. In 
that circumstance, Department staff will request that you email the 
complete grant application along with your DUNS number, and provide 
a Grants.gov Help Desk tracking number(s) obtained prior to the 
deadline. After Department staff review all of the information 
submitted as well as contact the Grants.gov Help Desk to validate 
the technical issues you reported, Department staff will contact you 
to either approve or deny your request to submit a late application. 
If the technical issues you reported cannot be validated, your 
application will be rejected as untimely. To ensure a fair 
competition for limited funds, the following conditions are not 
valid reasons to permit late submissions: (1) Failure to complete 
the registration process before the deadline date; (2) failure to 
follow Grants.gov instructions on how to register and apply as 
posted on its Web site; (3) failure to follow all of the 
instructions in the funding availability notice; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment.

    Dated: August 10, 2010.

    By Order of the Maritime Administrator.
Christine Gurland,
Secretary, Maritime Administrator.
[FR Doc. 2010-20013 Filed 8-11-10; 8:45 am]
BILLING CODE 4910-81-P