[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Pages 10955-10964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04610]



Office of the Secretary of Transportation

[Docket No. DOT-OST-2016-0022]

Notice of Funding Opportunity for the Department of 
Transportation's Nationally Significant Freight and Highway Projects 
(FASTLANE Grants) for Fiscal Year 2016

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.


SUMMARY: The Fixing America's Surface Transportation Act (FAST Act) 
established the Nationally Significant Freight and Highway Projects 
(NSFHP) program to provide Federal financial assistance to projects of 
national or regional significance and authorized the program at $4.5 
billion for fiscal years (FY) 2016 through 2020, including $800 million 
for FY 2016 to be awarded by the Secretary of Transportation. The 
Department will also refer to NSFHP grants as Fostering Advancements in 
Shipping and Transportation for the Long-term Achievement of National 
Efficiencies (FASTLANE) grants. The purpose of this notice is to 
solicit applications for FY 2016 grants for the NSFHP program. The 
Department also invites interested parties to submit comments about 
this notice's contents to public docket DOT-OST-2016-0022 by June 1, 

DATES: Applications must be submitted by 8:00 p.m. EDT on April 14, 
2016. The Grants.gov ``Apply'' function will open by March 15, 2016.

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

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the Office of the Secretary via email at 
[email protected]. For more information about highway projects,

[[Page 10956]]

please contact Crystal Jones at (202) 366-2976. For more information 
about maritime projects, please contact Robert Bouchard at (202) 366-
5076. For more information about rail projects, please contact Scott 
Greene at (202) 493-6408. For all other questions, please contact 
Howard Hill at (202) 366-0301. A TDD is available for individuals who 
are deaf or hard of hearing at 202-366-3993. Additionally, the 
Department will regularly post answers to questions and requests for 
clarifications as well as information about webinars for further 
guidance on DOT's Web site at www.transportation.gov/FASTLANEgrants.

SUPPLEMENTARY INFORMATION: This notice solicits applications for the 
NSFHP program for FY 2016. Each section of this notice contains 
information and instructions relevant to the application process for 
NSFHP grants, and the applicant should read this notice in its entirety 
to submit eligible and competitive applications.

Table of Contents

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

A. Program Description

    The Nationally Significant Freight and Highway Projects (NSFHP) 
program, as established by the Fixing America's Surface Transportation 
Act (FAST Act), Public Law 114-94, section 1105 (23 U.S.C. 117), will 
provide Federal financial assistance to freight and highway projects of 
national or regional significance. The Department will also refer to 
NSFHP grants as Fostering Advancements in Shipping and Transportation 
for the Long-term Achievement of National Efficiencies (FASTLANE) 
grants. The NSFHP program provides dedicated, discretionary funding for 
projects that address critical freight issues facing our nation's 
highways and bridges and for the first time in the U.S. Department of 
Transportation's 50-year history, establishes broad, multiyear 
eligibilities for freight infrastructure.
    To better adapt to population growth, compete in the global 
economy, and meet the needs of consumers and industry, the United 
States needs a strong multimodal transportation system. Beyond Traffic 
2045: Trends and Choices (Beyond Traffic),\1\ the Department's 30-year 
framework for the future, outlines changing local and global patterns, 
including population and employment growth in burgeoning megaregions 
and significant growth in freight movement by ton and value. The report 
affirms the need to address freight bottlenecks that severely constrain 
system performance and capacity. The Department's draft National 
Freight Strategic Plan,\2\ released in October 2015, further explores 
these challenges for freight transportation and identifies strategies 
to address impediments to the flow of goods throughout the nation.

    \1\ https://www.transportation.gov/BeyondTraffic.
    \2\ https://www.transportation.gov/freight/NFSP.

    The NSFHP program provides an opportunity to address nationally or 
regionally significant challenges across the nation's transportation 
system including improving the safety, efficiency, and reliability of 
the movement of freight and people; generating national or regional 
economic benefits and increasing the United States' global 
competitiveness; reducing highway congestion and bottlenecks; enabling 
more efficient intermodal connections; minimizing delays at 
international borders; improving inadequate first and last mile 
segments; modernizing port facilities to meet 21st Century demands, 
including connections between ports and their surface transportation 
systems; enhancing the resiliency of critical intermodal infrastructure 
and helping protect the environment; improving grade crossings; 
improving roadways vital to national energy security; and addressing 
the impact of population growth on the movement of people and freight. 
The program also offers resources to advance highway and bridge 
projects on the National Highway System, including those that improve 
mobility through added capacity on the Interstate or address needs in a 
national scenic area. Recognizing the interconnected and multimodal 
nature of the nation's transportation system, the Department will give 
additional consideration to nationally or regionally significant 
multimodal and multijurisdictional projects.
    The Department will prioritize projects that also enhance personal 
mobility and accessibility. Such projects include, but are not limited 
to, investments that better connect people to essential services such 
as employment centers, health care, schools and education facilities, 
healthy food, and recreation; remove physical barriers to access; 
strengthen communities through neighborhood redevelopment; mitigate the 
negative impacts of freight movement on communities; and support 
workforce development, particularly for disadvantaged groups, which 
include low-income groups, persons with visible and hidden 
disabilities, elderly individuals, and minority persons and 
populations. The Department may consider whether a project's design is 
likely to generate benefits for all users of the proposed project, 
including non-driving members of a community adjacent to or affected by 
the project.

B. Federal Award Information

    The FAST Act authorizes the NSFHP program at $4.5 billion for 
fiscal years (FY) 2016 through 2020, including $800 million \3\ for FY 
2016 to be awarded by DOT on a competitive basis to projects of 
national or regional significance that meet statutory requirements. 
NSFHP grants may be used for the construction, reconstruction, 
rehabilitation, acquisition of property (including land related to the 
project and improvements to the land), environmental mitigation, 
construction contingencies, equipment acquisition, and operational 
improvements directly related to system performance. NSFHP grants may 
also fund developmental phase activities, including planning, 
feasibility analysis, revenue forecasting, environmental review, 
preliminary engineering, design, and other preconstruction activities, 
provided the project meets statutory requirements.

    \3\ Funds are subject to the overall Federal-aid highway 
obligation limitation, and funds in excess of the obligation 
limitation provided to the program are distributed to the States. 
While $800 million was authorized for FY 2016, only $759.2 million 
is available for award. For additional information see FAST Act 
Sec.  1102 (f) and the Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2016, Public 
Law 114-113, div. L Sec.  120.

    The Department will divide grants under the NSFHP program into 
large and small projects. (Refer to section C.3.ii.for a definition of 
large and small projects.) For large projects, the FAST Act specifies 
that NSFHP grants must be at least $25 million. For small projects, the 
grants must be at least $5 million. For both large and small projects, 
maximum NSFHP awards may not exceed 60 percent of future eligible 
project costs. Ten percent of available funds, approximately $76 
million in FY 2016, are reserved for small projects. Applicants are 
strongly encouraged to submit applications only for eligible award 
    Pursuant to the FAST Act, not more than $500 million in aggregate 
of the $4.5 billion authorized for NSFHP

[[Page 10957]]

grants over fiscal years 2016 to 2020 may be used for grants to freight 
rail, water (including ports), or other freight intermodal projects 
that make significant improvements to freight movement on the National 
Highway Freight Network. Only the non-highway portion(s) of multimodal 
projects count toward the $500 million maximum. Improving freight 
movement on the National Highway Freight Network may include shifting 
freight transportation to other modes, thereby reducing congestion and 
bottlenecks on the National Highway Freight Network. The Federal share 
for projects that count toward the $500 million maximum may fund only 
elements of the project that provide public benefit. Grade crossing and 
grade separation projects do not count toward the $500 million maximum 
for freight rail, port, and intermodal projects.
    The FAST Act directs at least 25 percent of the funds provided for 
NSFHP grants, $190 million in FY 2016, are to be used for projects 
located in rural areas, as defined in Section C.3.iv. If the Department 
does not receive enough qualified applications to fully award the 25 
percent reserved for rural projects, the Department may use the excess 
funding for non-rural awards. DOT must consider geographic diversity 
among grant recipients, including the need for a balance in addressing 
the needs of urban and rural areas.
    The FAST Act allows an NSFHP grant recipient to use NSFHP funds 
granted to pay the subsidy and administrative costs necessary to 
receive credit assistance for the associated project under the 
Transportation Infrastructure Finance and Innovation Act of 1998 
(``TIFIA'') program.

C. Eligibility Information

    To be selected for an NSFHP grant, an applicant must be an Eligible 
Applicant and the project must be an Eligible Project that meets the 
Minimum Project Size Requirement.

1. Eligible Applicants

    Eligible applicants for NSFHP grants are (1) a State or group of 
States; (2) a metropolitan planning organization that serves an 
urbanized area (as defined by the Bureau of the Census) with a 
population of more than 200,000 individuals; (3) a unit of local 
government or group of local governments; (4) a political subdivision 
of a State or local government; (5) a special purpose district or 
public authority with a transportation function, including a port 
authority; (6) a Federal land management agency that applies jointly 
with a State or group of States; (7) a tribal government or a 
consortium of tribal governments; or (8) a multi-State or 
multijurisdictional group of public entities. Multiple States or 
jurisdictions that submit a joint application must identify a lead 
applicant as the primary point of contact. Each applicant in a joint 
application must be an Eligible Applicant. Joint applications must 
include a description of the roles and responsibilities of each 
applicant and must be signed by each applicant.

2. Cost Sharing or Matching

    NSFHP grants may be used for up to 60 percent of future eligible 
project costs. Other Federal assistance may satisfy the non-Federal 
share requirement for an NSFHP grant, but total Federal assistance for 
a project receiving an NSFHP grant may not exceed 80 percent of the 
future eligible project costs. Non-Federal sources include State funds 
originating from programs funded by State revenue, local funds 
originating from State or local revenue funded programs, private funds 
or other funding sources of non-Federal origins. If a Federal land 
management agency applies jointly with a State or group of States and 
that agency carries out the project, then Federal funds that were not 
made available under titles 23 or 49 of the United States Code may be 
used for the non-Federal share. Unless otherwise authorized in statute, 
local cost-share may not be counted as non-Federal share for both the 
NSFHP and another Federal program. For any project, the Department 
cannot consider previously incurred costs or previously expended or 
encumbered funds towards the matching requirement. Matching funds are 
subject to the same Federal requirements described in Section F.2 as 
awarded funds.

3. Other

i. Eligible Project
    Eligible projects for NSFHP grants are: Highway freight projects 
carried out on the National Highway Freight Network (23 U.S.C. 167); 
Highway or bridge projects carried out on the National Highway System 
(NHS) including projects that add capacity on the Interstate System to 
improve mobility or projects in a national scenic area; railway-highway 
grade crossing or grade separation projects; or a freight project that 
is (1) an intermodal or rail project, or (2) within the boundaries of a 
public or private freight rail, water (including ports), or intermodal 
facility. A project within the boundaries of a freight rail, water 
(including ports), or intermodal facility must be a surface 
transportation infrastructure project necessary to facilitate direct 
intermodal interchange, transfer, or access into or out of the facility 
and must significantly improve freight movement on the National Highway 
Freight Network. For a freight project within the boundaries of a 
freight rail, water (including ports), or intermodal facility, Federal 
funds can only support project elements that provide public benefits.
ii. Eligible Project Costs
    Eligible costs under the NSFHP program include development phase 
activities, including planning, feasibility analysis, revenue 
forecasting, environmental review, preliminary engineering and design 
work, and other pre-construction activities, as well as construction, 
reconstruction, rehabilitation, acquisition of real property, 
environmental mitigation, construction contingencies, acquisition of 
equipment, and operational improvements directly related to system 
iii. Minimum Project Size Requirement
    For the purposes of determining whether a project meets the minimum 
project size requirement, the Department will count all future eligible 
project costs under the award and some related costs incurred before 
selection for an NSFHP grant. Previously incurred costs will be counted 
toward the minimum project size requirement only if they were eligible 
project costs under Section C.3.ii. and were expended as part of the 
project for which the applicant seeks funds. Although those previously 
incurred costs may be used for meeting the minimum project size 
thresholds described in this Section, they cannot be reimbursed with 
NSFHP grant funds, nor will the count toward the project's required 
non-Federal share.
a. Large Projects
    The minimum project size for large projects is the lesser of $100 
million; 30 percent of a State's FY 2015 Federal-aid apportionment if 
the project is located in one State; or 50 percent of the larger 
participating State's FY 2015 apportionment for projects located in 
more than one State. The following chart identifies the minimum total 
project cost for projects for FY 2016 for both single and multi-State 

                                                 One-State   Multi-State
                   State \4\                      minimum      minimum*
                                                (millions)   (millions)
Alabama.......................................         $100         $100
Alaska........................................          100          100
Arizona.......................................          100          100

[[Page 10958]]

Arkansas......................................         $100         $100
California....................................          100          100
Colorado......................................          100          100
Connecticut...................................          100          100
Delaware......................................           49           82
Dist. of Col..................................           46           77
Florida.......................................          100          100
Georgia.......................................          100          100
Hawaii........................................           49           82
Idaho.........................................           83          100
Illinois......................................          100          100
Indiana.......................................          100          100
Iowa..........................................          100          100
Kansas........................................          100          100
Kentucky......................................          100          100
Louisiana.....................................          100          100
Maine.........................................           53           89
Maryland......................................          100          100
Massachusetts.................................          100          100
Michigan......................................          100          100
Minnesota.....................................          100          100
Mississippi...................................          100          100
Missouri......................................          100          100
Montana.......................................          100          100
Nebraska......................................           84          100
Nevada........................................          100          100
New Hampshire.................................           48           80
New Jersey....................................          100          100
New Mexico....................................          100          100
New York......................................          100          100
North Carolina................................          100          100
North Dakota..................................           72          100
Ohio..........................................          100          100
Oklahoma......................................          100          100
Oregon........................................          100          100
Pennsylvania..................................          100          100
Rhode Island..................................           63          100
South Carolina................................          100          100
South Dakota..................................           82          100
Tennessee.....................................          100          100
Texas.........................................          100          100
Utah..........................................          100          100
Vermont.......................................           59           98
Virginia......................................          100          100
Washington....................................          100          100
West Virginia.................................          100          100
Wisconsin.....................................          100          100
Wyoming.......................................           74          100
* For multi-State projects, the minimum project size is largest of the
  multi-State minimums from the participating States.

b. Small Projects
    A small project is an eligible project that does not meet the 
minimum project size described in Section C.3.iii.a.

    \4\ For purposes of determine total project cost threshold, 
funds allocated to Puerto Rico will be treated as fund apportioned 
to a State. Project cost threshold for Puerto Rico will be based on 
30 percent of funds allocated in FY 2015.

iv. Rural/Urban Area
    The NSFHP statute defines a rural area as an area outside an 
Urbanized Area \5\ with a population of over 200,000. In this notice, 
urban area is defined as inside an Urbanized Area, as a designated by 
the U.S. Census Bureau, with a population of 200,000 or more.\6\ Cost 
share requirements and minimum grant awards are the same for projects 
located in rural and urban areas. The Department will consider a 
project to be in a rural area if the majority of the project 
(determined by geographic location(s) where the majority of the money 
is to be spent) is located in a rural area. Rural and urban definitions 
differ in some other DOT programs, including TIFIA and the FY 2016 
TIGER Discretionary Grants Program.

    \5\ For Census 2010, the Census Bureau defined an Urbanized Area 
(UA) as an area that consists of densely settled territory that 
contains 50,000 or more people. Updated lists of UAs are available 
on the Census Bureau Web site at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the NSFHP program, 
Urbanized Areas with populations fewer than 200,000 will be 
considered rural.
    \6\ See www.transportation.gov/FASTLANEgrants for a list of 
Urbanized Areas with a population of 200,000 or more.

v. Application Limit
    To encourage applicants to prioritize their NSFHP submissions, each 
eligible applicant may submit no more than three applications. The 
three-application limit applies only to applications where the 
applicant is the lead applicant. There is no limit on applications for 
which an applicant can be listed as a partnering agency. If a lead 
applicant submits more than three applications as the lead applicant, 
only the first three received will be considered. The NSFHP and the FY 
2016 TIGER Discretionary Grant programs have independent application 
limits. Applicants applying to both the NSFHP and the FY 2016 TIGER 
Discretionary Grants program may apply for the same project to both 
programs (noted in each application), but must timely submit separate 
applications that independently address how the project satisfies 
applicable selection criteria for the relevant grant program. Although 
a project may be eligible for award under both programs, the same 
application is unlikely to be responsive to both programs' notices of 
funding opportunity because the purposes and selection criteria of the 
programs differ.
vi. Project Components
    An application may describe a project that contains more than one 
component, and may describe components that may be carried out by 
parties other than the applicant. Applicants should clearly identify 
all highway, bridge, and freight related components comprising the 
total project. DOT may award funds for a component, instead of the 
larger project, if that component (1) independently meets minimum award 
amounts described in Section B and all eligibility requirements 
described in Section C; (2) independently aligns well with the 
selection criteria specified in Section E; and (3) meets National 
Environmental Policy Act (NEPA) requirements with respect to 
independent utility. Independent utility means that the component will 
represent a transportation improvement that is usable and represents a 
reasonable expenditure of DOT funds even if no other improvements are 
made in the area, and will be ready for intended use upon completion of 
that component's construction. All project components that are 
presented together in a single application must demonstrate a 
relationship or connection between them. (See Section D.2.f. for 
Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and upon applicable Federal law, DOT funding 
of only some project components may make other project components 
subject to Federal requirements as described in Section F.2.
    DOT strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested NSFHP funding for each component. 
If the application identifies one or more independent project 
components, the application should clearly identify how each 
independent component addresses selection criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses selection criteria.

D. Application and Submission Information

1. Address

    Applications must be submitted through www.Grants.gov. Instructions 
for submitting applications can be found at www.transportation.gov/FASTLANEgrants.

2. Content and Form of Application

    The application must include the Standard Form 424 (Application for 
Federal Assistance), Standard Form 424C (Budget Information for 
Construction Programs), cover page, and the Project Narrative. More 
detailed information about the cover page and Project Narrative 
i. Cover Page Including the Following Chart:

[[Page 10959]]

Project Name.................
Previously Incurred Project    $.
Future Eligible Project Cost.  $.
Total Project Cost...........  $.
NSFHP Request................  $.
Total Federal Funding          $.
 (including NSFHP).
Are matching funds restricted  Yes/no.
 to a specific project
 component? If so, which one?.
Is the project or a portion    Yes/no.
 of the project currently
 located on National Highway
 Freight Network.
Is the project or a portion    Yes/no (for each question).
 of the project located on
 the National Highway System.
 Does the project add
 capacity to the Interstate
 Is the project in a
 national scenic area?.
Do the project components      Yes/no.
 include a railway-highway
 grade crossing or grade
 separation project?
Do the project components      Yes/no.
 include an intermodal or
 freight rail project, or
 freight project within the
 boundaries of a public or
 private freight rail, water
 (including ports), or
 intermodal facility?
If answered yes to either of
 the two component questions
 above, how much of requested
 NSFHP funds will be spent on
 each of these projects
State(s) in which project is
Small or large project.......  Small/Large.
Also submitting an             Yes/no.
 application to TIGER for
 this project?.
Urbanized Area in which
 project is located, if
Population of Urbanized Area.
Is the project currently       Yes/no (please specify in which plans the
 programmed in the:.            project is currently programmed).
     MPO Long Range
     Transportation Plan.
     State Long Range
     Transportation Plan.
     State Freight

ii. Project Narrative
    The application must include information required for DOT to 
determine that the project satisfies project requirements described in 
Sections B and C and to assess the selection criteria specified in 
Section E.1. To the extent practicable, applicants should provide data 
and evidence of project merits in a form that is verifiable or publicly 
available. DOT may ask any applicant to supplement data in its 
application, but expects applications to be complete upon submission.
    DOT recommends that the project narrative adhere to the following 
basic outline to clearly address the program requirements and make 
critical information readily apparent. In addition to a detailed 
statement of work, detailed project schedule, and detailed project 
budget, the project narrative should include a table of contents, maps, 
and graphics, as appropriate to make the information easier to review. 
DOT recommends that the project narrative be prepared with standard 
formatting preferences (i.e., a single-spaced document, using a 
standard 12-point font such as Times New Roman, with 1-inch margins.) 
The project narrative may not exceed 25 pages in length, excluding 
cover pages and table of contents. The only substantive portion that 
may exceed the 25-page limit are supporting documents to support 
assertions or conclusions made in the 25-page project narrative. If 
possible, Web site links to supporting documentation should be provided 
rather than copies of these supporting materials. If supporting 
documents are submitted, applicants must clearly identify within the 
project narrative the relevant portion of the project narrative that 
each supporting document supports. At the applicant's discretion, 
relevant materials provided previously to a modal administration in 
support of a different DOT financial assistance program may be 
referenced and described as unchanged. DOT recommends using 
appropriately descriptive final names (e.g., ``Project Narrative,'' 
``Maps,'' ``Memoranda of Understanding and Letters of Support,'' etc.) 
for all attachments. DOT recommends applications include the following 
    a. Project Description including a description project size 
including previously incurred expenses to show the project meets 
minimum project size requirements, a description of what requested 
NSFHP and matching funds will support, how the project is nationally or 
regionally significant, information on the expected users of the 
project, a description of the transportation challenges the project 
aims to address, and how the project will address these challenges. The 
description should include relevant data for before and after the 
project is built, such as passenger and freight volumes, congestion 
levels, infrastructure condition, and safety experience, including 
citations for data sources. Examples of potentially relevant data can 
be found at www.transportation.gov/FASTLANEgrants, but DOT encourages 
applicants to identify the most relevant information for their project.
    b. Project Location including a detailed description of the 
proposed project and geospatial data for the project, as well as a map 
of the project's location and its connections to existing 
transportation infrastructure. If the project is located within the 
boundary of a Census- designated Urbanized Area, the application must 
identify the Urbanized Area.
    c. Project Parties including information about the grant recipient 
and other affected public and private parties who are involved in 
delivering the project, such as ports, terminal operators, freight 
railroads, shippers, carriers, freight-related associations, third-
party logistics providers, and the freight industry workforce.
    d. Grant Funds, Sources and Uses of Project Funds including 
information to demonstrate the viability and completeness of the 
project's financing package, assuming the availability of the requested 
NSFHP grant funds. The applicant should show evidence of stable and 
reliable capital and (as appropriate) operating fund commitments 
sufficient to cover estimated costs; the availability of contingency 
reserves should planned capital or operating revenue sources not 
materialize; evidence of the financial condition of the project 
sponsor; and evidence of the grant recipient's ability to manage 
grants. At a minimum, applicants must include:

[[Page 10960]]

    (i) Future eligible cost, as defined in Section C.3.ii-iii.
    (ii) Availability and commitment of all committed and expected 
funding sources and uses of all project funds for future eligible 
project costs, including the identity of all parties providing funds 
for the project and their percentage shares; any restrictions attached 
to specific funds; compliance or a schedule for compliance with all 
conditions applicable to each funding source, and, to the extent 
possible, funding commitment letters from non-Federal sources.
    (iii) Federal funds already provided and the size, nature, and 
source of the required match for those funds, as well as pending or 
past Federal funding requests for the project. This information should 
demonstrate that the requested NSFHP funds do not exceed 60 percent of 
future eligible project costs and that total Federal funding will not 
exceed 80 percent of future eligible project costs. This information 
should also show that local share for the NSFHP grant is not counted as 
the matching requirement for another Federal program.
    (iv) A detailed project budget containing a breakdown of how the 
funds will be spent. That budget should estimate--both dollar amount 
and percentage of cost--the cost of work for each project component. If 
the project will be completed in individual segments or phases, a 
budget for each individual segment or phase should be included. Budget 
spending categories should be broken down between NSFHP, other Federal, 
and non-Federal sources, and this breakdown should also identify how 
each funding source will share in each activity.
    (v) Amount of requested NSFHP funds that will be spent on highway, 
bridge, freight intermodal or freight rail, port, grade crossing or 
grades separation project components.
    e. Cost-Effectiveness analysis should demonstrate that the project 
is likely to deliver its anticipated benefits at reasonable costs. 
Applicants should delineate each of their project's expected outputs 
and costs, preferably in the form of a complete Benefit-Cost Analysis 
(BCA), to enable the Department to consider cost-effectiveness (small 
projects) or determine whether the project is cost effective (for large 
projects). The primary economic benefits from projects eligible for 
NSFHP grants are likely to include time savings for passenger travel 
and freight shipments, improvements in transportation safety (less 
frequent accidents and the resulting reductions in fatalities, 
injuries, and property damage), reduced damages from emissions of 
greenhouse gases and criteria air pollutants, and savings in 
maintenance costs to public agencies. Applicants are strongly 
encouraged to submit a BCA in support of each project for which they 
seek funding that quantifies each of these benefits, provides monetary 
estimates of their economic value, and compares the properly-discounted 
present values of these benefits to the project's estimated costs. 
Where applicants cannot adequately monetize benefits, they are urged to 
identify non-monetary measures for other categories of benefits 
(examples below) to assist the Department in making cost-effectiveness 
and other determinations about projects.
    Many projects are likely to generate other categories of benefits 
that are more difficult to quantify and value in economic terms, but 
are nevertheless important considerations in determining whether a 
proposed project is cost-effective. These may include impacts such as 
improving the reliability of passenger travel times or freight 
deliveries, reducing recurring delays at critical transportation 
bottlenecks, improvements to the existing human and natural 
environments surrounding the project, increased access and mobility, 
benefits to safety and public health, stormwater runoff mitigation, and 
noise reduction. Applicants should identify each category of impact or 
benefits that is not already included in the estimated dollar value of 
their project's benefits (as described above), and wherever possible 
provide numerical estimates of the magnitude and timing of each of 
these additional impacts.
    For the purpose of evaluating cost-effectiveness, project costs 
should include those for constructing, operating, and maintaining the 
proposed project, including a detailed breakdown of those costs by 
spending category, the expected timing or schedule for costs in each 
category, and any contingency or other allowances for unanticipated 
costs. Detailed guidance for estimating some types of quantitative 
benefits and costs, together with recommended economic values for 
converting them to dollar terms and discounting to their present values 
are available in DOT's guidance for conducting BCAs for projects 
seeking funding under the NSFHP program (see www.transportation.gov/FASTLANEgrants).
    Applicants for freight projects within the boundaries of a freight 
rail, water (including ports), or intermodal facility should also 
quantify the benefits of their proposed projects for freight movements 
on the National Highway Freight Network, and should demonstrate that 
the Federal share of the project funds only elements of the project 
that provide public benefits.
    f. Project Readiness including information to demonstrate that the 
project is reasonably expected to begin construction in a timely 
manner. For a large project, the Department cannot award a project that 
is not reasonably expected to begin construction within 18 months of 
obligation of funds for the project. The Department will determine that 
large projects with a construction start date beyond September 30, 2019 
are not reasonably expected to begin construction within 18 months of 
obligation. Obligation occurs when a selected applicant and DOT enter a 
written project specific agreement and is generally after the applicant 
has satisfied applicable administrative requirements, including 
transportation planning and environmental review requirements. 
Depending on the nature of pre-construction activities included in the 
awarded project, the Department may obligate funds in phases.
    Preliminary engineering and right-of-way acquisition activities, 
such as environmental review, design work, and other preconstruction 
activities, do not fulfill the requirement to begin construction within 
18 months of obligation for large projects.
    To assist the Department's project readiness determination, the 
Department will consider information provided in this Section D.2.ii.d. 
(Grant Funds, Sources and Uses of Project Funds) in addition to the 
following information:
    (i) Technical Feasibility. The technical feasibility of the project 
should be demonstrated by engineering and design studies and 
activities; the development of design criteria and/or a basis of 
design; the basis for the cost estimate presented in the NSFHP 
application, including the identification of contingency levels 
appropriate to its level of design; and any scope, schedule, and budget 
risk-mitigation measures. Applicants must include a detailed statement 
of work that focuses on the technical and engineering aspects of the 
project and describes in detail the project to be constructed.
    (ii) Project Schedule. The applicant must include a detailed 
project schedule that identifies all major project milestones. Examples 
of such milestones include State and local planning approvals 
(programming on the STIP), start and completion of NEPA and other 
environmental reviews and approvals including permitting; design 
completion; right of way acquisition;

[[Page 10961]]

approval of plan, specification and estimate (PS&E); procurement; State 
and local approvals; project partnership and implementation agreements 
including agreements with railroads; and construction. The project 
schedule should be sufficiently detailed to demonstrate that:
    (a) All necessary activities will be complete to allow grant funds 
to be obligated sufficiently in advance of the statutory deadline, and 
that any unexpected delays will not put the funds at risk of expiring 
before they are obligated;
    (b) the project can begin construction quickly upon receipt of a 
NSFHP grant, and that the grant funds will be spent expeditiously once 
construction starts; and
    (c) all property and/or right-of-way acquisition will be completed 
in a timely manner in accordance with 49 CFR part 24 and other legal 
requirements or a statement that no acquisition is necessary.
    (iii) Required Approvals
    (a) Environmental Permits and Reviews: As noted in Section 
D.2.ii.f.iii above, the application should demonstrate receipt (or 
reasonably anticipated receipt) of all environmental approvals and 
permits necessary for the project to proceed to construction on the 
timeline specified in the project schedule and necessary to meet the 
statutory obligation deadline, including satisfaction of all Federal, 
State and local requirements and completion of the NEPA process. 
Although Section C.3.vi (Project Components) of this notice encourages 
applicants to identify independent project components, those components 
may not be separable for the NEPA process. In such cases, the NEPA 
review for the independent project component may have to include 
evaluation of all project components as connected, similar, or 
cumulative actions, as detailed at 40 CFR 1508.25. In addition, the 
scope of the NEPA decision may affect the applicability of the Federal 
requirements on the project described in the application. Specifically, 
the application should include:
    (1) Information about the NEPA status of the project. If the NEPA 
process is completed, an applicant must indicate the date of, and 
provide a Web site link or other reference to the final Categorical 
Exclusion, Finding of No Significant Impact, Record of Decision, or any 
other NEPA documents prepared. If the NEPA process is underway but not 
complete, the application must detail the type of NEPA review underway, 
where the project is in the process, and indicate the anticipated date 
of completion of all milestones and of the final NEPA determination.
    (2) Information on reviews, approvals, and permits by other 
agencies. An application must indicate whether the proposed project 
requires reviews or approval actions by other agencies,\7\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and or demonstrate compliance with 
any other applicable Federal, State, or local requirements. Applicants 
should provide a Web site link or other reference to copies of any 
reviews, approvals, and permits prepared.

    \7\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.

    (3) Environmental studies or other documents--preferably through a 
Web site link--that describe in detail known project impacts, and 
possible mitigation for those impacts.
    (4) A description of discussions with the appropriate DOT modal 
administration field or headquarters office regarding compliance with 
NEPA and other applicable environmental reviews and approvals.
    (5) A description of public engagement to date about the project 
including the degree to which public comments and commitments have been 
integrated into project development and design.
    b. State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as local government funding commitments or TIF approval. Additional 
support from relevant State and local officials is not required; 
however, an applicant should demonstrate that the project is broadly 
    c. State and Local Planning. The planning requirements of the 
operating administration administering the NSFHP project will apply,\8\ 
including intermodal projects located at airport facilities.\9\ 
Applicants should demonstrate that a project that is required to be 
included in the relevant State, metropolitan, and local planning 
documents has been or will be included. If the project is not included 
in the relevant planning documents at the time the application is 
submitted, the applicant should submit a statement from the appropriate 
planning agency that actions are underway to include the project in the 
relevant planning document. To the extent possible, freight projects 
should be included in a State Freight Plan and supported by a State 
Freight Advisory Committee (49 U.S.C. 70201, 70202).

    \8\ In accordance with 23 U.S.C. 134 and Sec.  135, all projects 
requiring an action by the Federal Highway Administration (FHWA) 
must be in the metropolitan transportation plan, transportation 
improvement program (TIP) and statewide transportation improvement 
program (STIP). Further, in air quality non-attainment and 
maintenance areas, all regionally significant projects, regardless 
of the funding source, must be included in the conforming 
metropolitan transportation plan and TIP. To the extent a project is 
required to be on a metropolitan transportation plan, TIP, and/or 
STIP, it will not receive a NSFHP grant until it is included in such 
plans. Projects not currently included in these plans can be amended 
by the State and metropolitan planning organization (MPO). Projects 
that are not required to be in long range transportation plans, 
STIPs, and TIPs will not need to be included in such plans in order 
to receive a NSFHP grant. Port, freight rail, and intermodal 
projects are not required to be on the State Rail Plans called for 
in the Passenger Rail Investment and Improvement Act of 2008. 
However, applicants seeking funding for freight projects are 
encouraged to demonstrate that they have done sufficient planning to 
ensure that projects fit into a prioritized list of capital needs 
and are consistent with long-range goals. Means of demonstrating 
this consistency would to include the projects in TIPs or a State 
Freight Plan that conforms to the requirements Section 70202 of 
Title 49 prior to the start of construction. Port planning 
guidelines are available at StrongPorts.gov.
    \9\ Projects at grant obligated airports, must be compatible 
with the FAA-approved Airport Layout Plan (ALP), as well as 
aeronautical surfaces associated with the landing and takeoff of 
aircraft at the airport. Additionally, projects at an airport: Must 
comply with established Sponsor Grant Assurances, including (but not 
limited to) requirements for non-exclusive use facilities, 
consultation with users, consistency with local plans including 
development of the area surrounding the airport, and consideration 
of the interest of nearby communities, among others; and must not 
adversely affect the continued and unhindered access of passengers 
to the terminal.

    Because projects have different schedules, the construction start 
date for each NSFHP grant will be specified in the project-specific 
agreements signed by relevant modal administration and the grant 
recipients and will be based on critical path items identified by 
applicants in response to items (iv)(a) through (c) above, and be 
consistent with other relevant State or local plan, including bicycle 
and pedestrian plans, economic development plans, local land-use plans, 
and water and coastal zone management plans.
    (iv) Assessment of Project Risks and Mitigation Strategies. Project 
risks, such as procurement delays, environmental uncertainties, 
increases in real estate acquisition costs, uncommitted local match, or 
lack of legislative approval, affect the likelihood of successful 
project start and completion. The applicant should identify the 
material risks to the project and the strategies that the lead 
applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. Information provided in response

[[Page 10962]]

to Section D.2.ii.f.i-iv above should be referenced in developing this 
assessment. The applicant should assess the greatest risks to the 
project and identify how the project parties will mitigate those risks. 
DOT will consider projects that contain risks, but expects the 
applicant to clearly and directly describe achievable mitigation 
    The applicant, to the extent they are unfamiliar with the Federal 
program, should contact DOT modal field or headquarters offices as 
found at www.transportation.gov/FASTLANEgrants for information on what 
steps are pre-requisite to the obligation of Federal funds in order to 
ensure that their project schedule is reasonable and that there are no 
risks of delays in satisfying Federal requirements.

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

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

4. Submission Dates and Timelines

i. Deadline
    Applications must be submitted by 8:00 p.m. EDT April 14, 2016. The 
Grants.gov ``Apply'' function will open by March 15, 2016. The 
Department has determined that an application deadline fewer than 60 
days after this notice is published is appropriate because the 
accelerated timeline is necessary to satisfy the statutory 60-day 
Congressional notification requirement, as well as to ensure the timely 
obligation of available funds.
    To submit an application through Grants.gov, applicants must:
    a. Obtain a Data Universal Numbering System (DUNS) number:
    b. Register with the System Award for Management (SAM) at 
    c. Create a Grants.gov username and password; and
    d. The E-business Point of Contact (POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the POC as an Authorized Organization 
Representative (AOR).
    Please note that there can only be one AOR per organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and late applications that are the result of 
failure to register or comply with Grants.gov applicant requirements in 
a timely manner will not be considered. For information and instruction 
on each of these processes, please see instructions at http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If interested 
parties experience difficulties at any point during the registration or 
application process, please call the Grants.gov Customer Service 
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EDT.
ii. Consideration of Application
    Only applicants who comply with all submission deadlines described 
in this notice and submit applications through Grants.gov will be 
eligible for award. Applicants are strongly encouraged to make 
submissions in advance of the deadline.
    Applicants interested in applying are encouraged to email 
[email protected] no later than March 25, 2016 with applicant 
name, State in which project is located, approximate total project 
cost, and amount of the NSFHP grant request, and a 2-3 sentence project 
description. DOT seeks this early notification of interest to inform 
the Department's allocation of resources for application evaluations 
and to facilitate timely and efficient awards.
iii. Late Applications
    Applications received after the deadline will not be considered 
except in the case of unforeseen technical difficulties outlined in 
Section 4.iv.
iv. Late Application Policy
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact [email protected] 
prior to the application deadline with the user name of the registrant 
and details of the technical issue experienced. The applicant must 

a. Details of the technical issue experienced
b. Screen capture(s) of the technical issues experienced along with 
corresponding Grants.gov ``Grant tracking number''
c. The ``Legal Business Name'' for the applicant that was provided in 
the SF-424
d. The AOR name submitted in the SF-424
e. The DUNS number associated with the application
f. The Grants.gov Help Desk Tracking Number
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its Web site; (3) failure to follow all of the 
instructions in this notice of funding opportunity; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment. After DOT staff review all information 
submitted and contact the Grants.gov Help Desk to validate reported 
technical issues, DOT staff will contact late applicants to approve or 
deny a request to submit a late application through Grants.gov. If the 
reported technical issues cannot be validated, late applications will 
be rejected as untimely.

E. Application Review Information

1. Criteria

    For a small project to be selected, the Department will evaluate 
the cost effectiveness of the proposed project and the effect of the 
proposed project on mobility in the State and region in which the 
project is carried out.
    For a large project to be selected, the Department will determine 
that the project generates national or regional economic, mobility, or 
safety benefits; is cost-effective; contributes to one or more of the 
goals described in 23 U.S.C. 150; is based on the results of 
preliminary engineering; has one or more stable and dependable funding 
or financing sources to construct, maintain, and operate and 
contingency amounts to cover unanticipated cost increases; cannot be 
easily and efficiently completed without other Federal funding or 
financial assistance; and is reasonably expected to begin construction 
no later than 18 months after the date of obligation.
i. Merit Criteria
    For both large and small projects, the Department will consider the 
extent to which the project addresses the following criteria:
a. Economic Outcomes
    Improving the efficiency and reliability of the surface 

[[Page 10963]]

system at the regional or national level to increase the global 
economic competitiveness of the United States, including improving 
connectivity between freight modes of transportation, improving 
roadways vital to national energy security, facilitating freight 
movement across land border crossings, and addressing the impact of 
population growth on the movement of people and freight.
b. Mobility Outcomes
    Improving the movement of people and goods by maintaining highways, 
bridges, and freight infrastructure in a state of good repair, 
enhancing the resiliency of critical surface transportation 
infrastructure, and significantly reducing highway congestion and 
c. Safety Outcomes
    Achieving a significant reduction in traffic fatalities and serious 
injuries on the surface transportation system, as well as improving 
interactions between roadway users, reducing the likelihood of 
derailments or high consequence events, and improving safety in 
transporting certain types of commodities.
d. Community and Environmental Outcomes
    How and whether the project mitigates harm to communities and the 
environment, extends benefits to the human and natural environment, or 
enhances personal mobility and accessibility. This includes reducing 
the negative effects of existing infrastructure, removing barriers, 
avoiding harm to the human and natural environment, and using design 
improvements to enhance access (where appropriate) and environmental 
quality for affected communities. Projects should also reflect 
meaningful community input provided during project development.
ii. Other Review Criteria
a. Partnership and Innovation
    Demonstrating strong collaboration among a broad range of 
stakeholders or using innovative strategies to pursue primary outcomes 
listed above including efforts to reduce accelerate delivery delays. 
Additional consideration will be given for the use of innovative and 
flexible designs and construction techniques or innovative 
b. Cost Share
    NSFHP grants must have one or more stable and dependable sources of 
funding and financing to construct, maintain, and operate the project, 
subject to the parameters in Section C.2. Applicants should provide 
sufficient information to demonstrate that the project cannot be easily 
and efficiently completed without other Federal funding or financial 
assistance available to the project sponsor. Additional consideration 
will be given to the use of nontraditional financing, as well as the 
use of non-Federal contributions. The Department may consider the form 
of cost sharing presented in an application. Firm commitments of cash 
that indicate a complete project funding package and demonstrate local 
support for the project are more competitive than other forms of cost 

2. Review and Selection Process

i. DOT Review
    DOT will review all eligible applications received before the 
application deadline. The NSFHP process consists of a Technical 
Evaluation phase and Senior Review. In the Technical Evaluation phase, 
teams will, for each project determine whether the project satisfies 
statutory requirements and rate how well it addresses selection 
criteria. The Senior Review Team will consider the applications and the 
technical evaluations to determine which projects to advance to the 
Secretary for consideration. Evaluations in both the Technical 
Evaluation and Senior Review Team phases will place projects into 
rating categories, not assign numerical scores. The Secretary will 
select the projects for award. A Control and Calibration Team will 
ensure consistency across project evaluations and appropriate 
documentation throughout the review and selection process. The FAST Act 
requires Congressional notification, in writing, at least 60 days 
before making a NSFHP grant.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider comments by the 
applicant in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notices

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

2. Administrative and National Policy Requirements

    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 
1201. Additionally, applicable Federal laws, rules and regulations of 
the relevant modal administration administering the project will apply 
to the projects that receive NSFHP grants, including planning 
requirements, Stakeholder Agreements, Buy America compliance, and other 
requirements under DOT's other highway, transit, rail, and port grant 
programs. A project carried out under this NSFHP program will be 
treated as if the project is located on a Federal-aid highway. For an 
illustrative list of the applicable laws, rules, regulations, executive 
orders, policies, guidelines, and requirements as they relate to an 
NSFHP, please see http://www.ops.fhwa.dot.gov/freight/infrastructure/nsfhp/fy2016_gr_exhbt_c/index.htm.

3. Reporting

i. Progress Reporting on Grant Activity
    Each applicant selected for an NSFHP grant must submit the Federal 
Financial Report (SF-425) on the financial condition of the project and 
the project's progress, as well as an Annual Budget Review and Program 
Plan to monitor the use of Federal funds and ensure accountability and 
financial transparency in the NSFHP program.
ii. Reporting of Matters Related to Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of

[[Page 10964]]

time must maintain the currency of information reported to the System 
for Award Management (SAM) that is made available in the designated 
integrity and performance system (currently the Federal Awardee 
Performance and Integrity Information System (FAPIIS)) about civil, 
criminal, or administrative proceedings described in paragraph 2 of 
this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Office of the Secretary via email at [email protected]. For more 
information about highway projects, please contact Crystal Jones at 
(202) 366-2976. For more information about maritime projects, please 
contact Robert Bouchard at (202) 366-5076. For more information about 
rail projects, please contact Scott Greene at (202) 493-6408. For all 
other questions, please contact Howard Hill at (202) 366-0301. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, up to the application deadline, DOT will post 
answers to common questions and requests for clarifications on DOT's 
Web site at www.transportation.gov/FASTLANEgrants. To ensure applicants 
receive accurate information about eligibility or the program, the 
applicant is encouraged to contact DOT directly, rather than through 
intermediaries or third parties, with questions.

H. Other Information

1. Public Comment

    The FAST Act authorized the NSFHP program through FY 2020. This 
notice solicits applications for FY 2016 only. Because this is the 
first year implementing the NSFHP program, the Department invites 
interested parties to submit comments about this notice's contents, the 
Department's implementation choices within the legal bounds of the 
program, as well as suggestions for clarification in future NSFHP 
rounds. The Department seeks input on whether the information requested 
in applications is reasonable and clear, additional merit criteria 
should be considered, additional public engagement is necessary for 
specific stakeholder groups, and the program sufficiently targets 
nationally or regionally significant projects. The Department may 
consider the submitted comments and suggestions when developing 
subsequent NSFHP notices and program guidance, but submitted comments 
will not affect the program's evaluation and selection process for FY 
2016 awards. Applications or comments about specific projects should 
not be submitted to the docket. Any application submitted to the 
document will not be reviewed. Comments should be sent to DOT-OST-2016-
0022 by June 1, 2016, but, to the extent practicable, the Department 
will consider late-filed comments.

2. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions. 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.

Anthony R. Foxx,
[FR Doc. 2016-04610 Filed 3-1-16; 8:45 am]