[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30214-30218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13798]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


Notice of Funding Opportunity for America's Marine Highway 
Projects

AGENCY: Maritime Administration, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2018, signed by the 
President on March 23, 2018, appropriated $7,000,000 to the Short Sea 
Transportation Program, commonly referred to as the America's Marine 
Highway Program (AMHP). The purpose of the appropriation is to make 
grants to previously designated Marine Highway Projects that support 
the development and expansion of documented vessels, or of port and 
landside infrastructure. This notice announces the availability of 
funding for grants and establishes selection criteria and application 
requirements.
    The Secretary of the U.S. Department of Transportation (Department) 
will award Marine Highway Grants to implement projects or components of 
projects previously designated by the Secretary of Transportation 
(Secretary) under AMHP. Only Marine Highway projects designated by the 
Secretary are eligible for funding as described in this notice.

DATES: Applications must be received by the Maritime Administration by 
5 p.m. EDT on October 5, 2018.

ADDRESSES: Grant applications must be submitted electronically using 
Grants.gov (https://www.grants.gov). Please be aware that you must 
complete the Grants.gov registration process before submitting your 
application, and that the registration process usually takes 2 to 4 
weeks to complete. Applicants are strongly encouraged to make 
submissions in advance of the deadline.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this Notice, please contact Tori Collins, Office of Ports & Waterways 
Planning, Room W21-315, Maritime Administration, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, phone 
202-366-0795 or email [email protected].

SUPPLEMENTARY INFORMATION: Each section of this Notice contains 
information and instructions relevant to the application process for 
these Marine Highway Grants, and all applicants should read this Notice 
in its entirety so that they have the information they need to submit 
eligible and competitive applications. Applications received after

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the deadline will not be considered except in the case of unforeseen 
technical difficulties as outlined below in Section D.4.

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

A. Program Description

    Section 55601 of Title 46, United States Code, directs the 
Secretary to establish a short sea transportation grant program to 
implement projects or components of designated marine highway projects. 
The grant funds currently available are for projects related to 
documented vessels and to port and landside infrastructure.

B. Federal Award Information

    The Secretary, through the Maritime Administration (MARAD), intends 
to award $6,790,000 through grants to the extent that there are 
qualified applications. MARAD will seek to obtain the maximum benefit 
from the available funding by awarding grants to as many qualified 
projects as possible; however, MARAD reserves the right to award all 
funds to just one project. MARAD may partially fund applications by 
selecting discrete components of projects. The start date and period of 
performance for each award will depend on the specific project to which 
MARAD must agree. MARAD will administer each Marine Highway Grant 
pursuant to a grant agreement with the Marine Highway Grant recipient.
    Recipients of prior Marine Highway Grants in earlier rounds of this 
program may apply for funding to support additional phases of a 
designated project. However, to be competitive, the applicant should 
demonstrate the extent to which the previously funded project phase has 
met estimated project schedules and budget, as well as the ability to 
realize the benefits expected for the new award.

C. Eligibility Information

    To be selected for a Marine Highway Grant, an applicant must be an 
Eligible Applicant, and the project must be an Eligible Project.

1. Eligible Applicants

    Eligible grant applicants should be the original Project Applicant 
of a project that the Secretary has previously designated as a Marine 
Highway Project or a substitute (which can be either a public entity or 
a private-sector entity who has been referred to the Program Office, 
with written explanation, as part of the application). Grant applicants 
must have operations, or administrative areas of responsibility, that 
are adjacent to or near the relevant designated Marine Highway Project. 
Eligible grant applicants include State governments (including State 
departments of transportation), metropolitan planning organizations, 
port authorities, and tribal governments, or private sector operators 
of marine highway services within designated Marine Highway Projects.
    Project applicants are encouraged to develop coalitions and public/
private partnerships, which might include vessel owners and operators; 
third-party logistics providers; trucking companies; shippers; 
railroads; port authorities; state, regional, and local transportation 
planners; environmental organizations; impacted communities; or any 
combination of entities working in collaboration on a single grant 
application that can be submitted by the original project applicant or 
their designated substitute with written referral from the original 
project applicant. Original project applicants are defined as those 
public entities named by the Secretary in the original designated 
project. All successful grant applicants, whether they are public or 
private entities, must comply with all Federal requirements.
    If multiple project applicants submit a joint grant application, 
they must identify a lead grant applicant as the primary point of 
contact. Joint grant applications must include a description of the 
roles and responsibilities of each applicant and must be signed by each 
applicant. Although we encourage a single award recipient, where 
circumstances require more than one award recipient, the application 
must identify the recipients of the award.

2. Cost Sharing or Matching

    An applicant must provide at least 20 percent of project costs from 
non-Federal sources. The application should demonstrate, such as 
through a letter or other documentation, the sources of these funds. 
Preference will be given to those projects that provide a larger 
percentage of costs from non-Federal sources.

3. Other

Eligible Projects
    The purpose of this grant program is to create new marine highway 
services or to expand existing marine highway services. Only projects 
or their components, including planning studies, that the Secretary has 
previously designated as Marine Highway Projects are eligible for this 
round of grant funding, and they must support the development and 
expansion of documented vessels or of port and landside infrastructure. 
The current list of designated Marine Highway Projects can be found on 
the Marine Highway website at: https://www.marad.dot.gov/wp-content/uploads/pdf/Click-here-for-Marine-Highway-Project-Designations-1.pdf.

D. Application and Submission Information

1. Address To Request Application Package

    Applications may be found at and must be submitted through 
Grants.gov. Applications must include the Standard Form 424 
(Application for Federal Assistance), which is available on the 
Grants.gov website at https://www.grants.gov/web/grants/forms/sf-424-family.html.

2. Content and Form of Application Submission

    In addition to the SF-424, the application should include all the 
information requested below. MARAD reserves the right to ask any 
applicant for supplemental data but expects applications to be complete 
upon submission. Incomplete applications may not be considered for 
award. Applicants are strongly encouraged to provide quantitative 
information, including baseline information, that demonstrates the 
project's merits and economic viability.
    a. Length of Application. The narrative portion of the application 
should be in the standard academic format (i.e., 12 pt. font, double-
spaced) and must not exceed ten pages. Documentation supporting 
assertions made in the narrative portion must also be provided but 
should be limited to relevant information. Website links to supporting 
documentation may be provided instead of copies of these materials, 
though it is important to ensure that the website links are currently 
active and working. At the applicant's discretion, relevant materials 
provided previously in support of a Marine Highway Project application 
may be referenced, updated, or described as unchanged. To the extent 
referenced, this information need not be resubmitted in support of a 
Marine Highway Grant application.
    b. First Page of Application Narrative. The first page of the 
narrative portion of

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the application should provide the following items of information:
    (i) Marine Highway Project name (as stated on the Marine Highway 
Program's list of Designated Projects);
    (ii) Primary point of contact for applicant;
    (iii) Total amount of the project cost in dollars and the amount of 
grant funds the applicant is seeking, along with sources and share of 
matching funds;
    (iv) Summary statement of how the grant funding will be applied;
    (v) Project parties; and
    (vi) Unique Entity Identifier (e.g., DUNS) number. Recipients of 
Marine Highway Grants and their first-tier sub-awardees must have 
Unique Entity Identifier numbers (https://fedgov.dnb.com/webform) and 
current registrations in the System for Award Management (https://www.SAM.gov).
    c. Contact Information. An application must include the name, phone 
number, email address, and business address of the primary point of 
contact for the applicant. MARAD will use this information to inform 
applicants of our decision regarding selection of grant recipients, as 
well as to contact them if we need additional or supplemental 
information regarding an application.
    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, the percentage of project costs that would be paid with 
Marine Highway Grant funds as well as from other Federal sources, and 
the identity and percentage shares of all parties providing funds for 
the project.
    e. National Environmental Policy Act (NEPA) Requirement. Projects 
selected for grant award must comply with NEPA and any other applicable 
environmental laws. If the environmental review process is underway but 
not complete at the time of the application, the application must 
detail where the project is in the process, indicate the anticipated 
date of completion, and provide a website link or other reference to 
copies of any environmental documents prepared.
    f. Other Federal, State, and Local Actions. An application must 
indicate whether the proposed project is likely to require actions by 
other agencies (e.g., permits or Buy America waivers), indicate the 
status of such actions, provide a website link or other reference to 
materials submitted to the other agencies, and demonstrate compliance 
with other Federal, state, or local regulations and permits as 
applicable.
    g. Certification Requirements. For an application to be considered 
for a grant award, the Chief Executive Officer, or equivalent, of the 
applicant is required to certify, in writing, the following:
    (i) That, except as noted in this grant application, nothing has 
changed from the original application for formal designation as a 
Marine Highway Project; and
    (ii) The grant applicant will administer the project and any funds 
received will be spent efficiently and effectively; and
    (iii) The grant applicant will provide information, data, and 
reports as required.
    h. Protection of Confidential Commercial Information. Applicants 
should submit, as part of or in support of an application, 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 information, 
the applicant should do the following: (1) Note on the front cover that 
the submission contains ``Confidential Commercial Information (CCI)''; 
(2) mark each affected page ``CCI''; and (3) highlight or otherwise 
denote the CCI portions. MARAD will protect such information from 
disclosure to the extent allowed under applicable law. In the event 
MARAD receives a Freedom of Information Act (FOIA) request for the 
information, procedures described in the Department's FOIA regulation 
at 49 CFR 7.29 will be followed. Only information that is ultimately 
determined to be confidential under that procedure will be exempt from 
disclosure under FOIA.
    i. Additional Application Information Needed From Private-Sector 
Applicants:
    (i) Written referral from the original successful project applicant 
stating that the private entity has been referred by the original 
project applicant for the relevant designated Marine Highway Project.
    (ii) A description of the entity including (A) location of the 
headquarters; (B) a description of the company assets (tugs, barges, 
etc.); (C) years in operation; (D) ownership; (E) customer base; and 
(F) website address, if any.
    (iii) Unique entity identifier of parent company (when applicable): 
Data Universal Numbering System (DUNS + 4 number) (when applicable).
    (iv) The most recent year-end audited, reviewed or compiled 
financial statements, prepared by a certified public accountant (CPA), 
per U.S. generally accepted accounting principles (not tax-based 
accounting financial statements). If CPA prepared financial statements 
are not available, provide the most recent financial statement for the 
entity. Do not provide tax returns.
    (v) Statement regarding the relationship between applicants and any 
parents, subsidiaries or affiliates, if any such entity is going to 
provide a portion of the match.
    (vi) Evidence documenting applicant's ability to make proposed 
matching requirement (loan agreement, commitment from investors, cash 
on balance sheet, etc.).
    (vii) Pro-forma financial statements reflecting (a) financial 
condition beginning of period; (b) effect on balance sheet of grant and 
matching funds (e.g., a decrease in cash or increase in debt, 
additional equity and an increase in fixed assets); and (c) impact on 
company's projected financial condition (balance sheet) of completion 
of project, showing that company will have sufficient financial 
resources to remain in business.
    (viii) Statement whether during the past five years, the applicant 
or any predecessor or related company has been in bankruptcy or in 
reorganization under Chapter 11 of the Bankruptcy Code, or in any 
insolvency or reorganization proceedings, and whether any substantial 
property of the applicant or any predecessor or related company has 
been acquired in any such proceeding or has been subject to foreclosure 
or receivership during such period. If so, give details.
    (ix) Additional information may be requested as deemed necessary by 
the Maritime Administration to facilitate and complete its review of 
the application. If such information is not provided, the Maritime 
Administration may deem the application incomplete and cease processing 
it.
    (x) Company Officer's certification of each of the following:
    1. That the company operates in the geographic location of the 
designated Marine Highway Project;
    2. That the applicant has the authority to carry out the proposed 
project:
    3. That the applicant has not, and will not make any prohibited 
payments out of the requested grant, in accordance with the Department 
of Transportation's regulation restricting lobbying, 49 CFR part 20.

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

    MARAD will not make an award to an applicant until the applicant 
has complied with all applicable Unique

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Entity Identifier and SAM requirements. Each applicant must be 
registered in SAM before applying, provide a valid Unique Entity 
Identifier number in its application, and maintain an active SAM 
registration with current information throughout the period of the 
award. Applicants may register with the SAM at www.SAM.gov. Applicants 
can obtain a Unique Entity Identifier number at http://fedgov.dnb.com/webform. If an applicant has not fully complied with the requirements 
by the time MARAD is ready to make an award, MARAD may determine that 
the applicant is not qualified to receive a Federal award under this 
program.

4. Submission Dates and Times

    Applications must be received by 5 p.m. EDT on October 5, 2018. 
Late applications that are the result of failure to register or comply 
with Grants.gov application requirements in a timely manner will not be 
considered. Applicants experiencing technical issues with Grants.gov 
that are beyond the applicant's control must contact [email protected] or Tim 
Pickering at 202-366-0704 prior to the deadline with the user name of 
the registrant and details of the technical issue experienced. The 
applicant must provide: (1) Details of the technical issue experienced; 
(2) screen capture(s) of the technical issue experienced along with the 
corresponding ``Grant tracking number'' that is provided via 
Grants.gov; (3) the ``Legal Name'' for the applicant that was provided 
in the SF-424; (4) the name and contact information for the person to 
be contacted on matters involving submission that is included on the 
SF-424; (5) the Unique Entity Identifier number (e.g., DUNS) associated 
with the application; and (6) the Grants.gov Help Desk Tracking Number.

5. Funding Restrictions

    MARAD will not allow reimbursement of any pre-Federal award costs 
that may have been incurred by an applicant.
    Grant funds may only be used for the purposes described in 46 
U.S.C. 55601(b)(1) and (3) and may not be used as an operating subsidy.

6. Other Submission Requirements

    Grant applications must be submitted electronically using 
Grants.gov https://www.grants.gov).

E. Application Review Information

1. Selection Criteria

    When reviewing grant applications, MARAD will consider how the 
proposed service could satisfy, in whole or in part, 46 U.S.C. 
55601(b)(1) and (3) and any of the following criteria found at 46 
U.S.C. 55601(g)(2)(B):
    (i) The project is financially viable;
    (ii) The funds received will be spent efficiently and effectively; 
and
    (iii) A market exists for the services of the proposed project as 
evidenced by contracts or written statements of intent from potential 
customers.
    After applying the above preferences, MARAD will consider the 
following key Departmental objectives:
    (A) Supporting economic vitality at the national and regional 
level;
    (B) Utilizing alternative funding sources and innovative financing 
models to attract non-Federal sources of infrastructure investment;
    (C) Accounting for the life-cycle costs of the project to promote 
the state of good repair;
    (D) Using innovative approaches to improve safety and expedite 
project delivery; and,
    (E) Holding grant recipients accountable for their performance and 
achieving specific, measurable outcomes identified by grant applicants.
    In awarding grants under the program, MARAD will give preference to 
those projects or components that present the most financially viable 
marine highway transportation services and require the lowest total 
percentage Federal share of the costs. MARAD will also give special 
consideration to projects which emphasize improved infrastructure 
condition, or facilitate economic or competitiveness in rural areas.

2. Review and Selection Process

    Upon receipt, MARAD will evaluate the application using the 
criteria outlined above. Upon completion of the technical review, MARAD 
will forward the applications to a Department inter-agency review team 
(Intermodal Review Team). The Intermodal Review Team will include 
members of MARAD, other Operating Administrations, and representatives 
from the Office of the Secretary of Transportation. The Intermodal 
Review Team will assign ratings of ``highly recommended,'' 
``recommended,'' ``not recommended,'' ``incomplete,'' or ``not 
eligible'' for each application based on the criteria set forth above. 
The Intermodal Review Team will provide their findings to the Program 
Office. The Program Office will use those findings to inform the 
recommendations that will be made to the Maritime Administrator and the 
Secretary.

3. FAPIIS Check

    The Maritime Administration is required to review and consider any 
information about the applicant that is in the designated integrity and 
performance system accessible through SAM (currently FAPIIS) (see 41 
U.S.C. 2313). An applicant, at its option, may review information in 
the designated integrity and performance systems accessible through SAM 
and comment on any information about itself that a Federal awarding 
agency previously entered and is currently in the designated integrity 
and performance system accessible through SAM. The Maritime 
Administration will consider any comments by the applicant, in addition 
to the other information in the designated integrity and performance 
system, 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, we will announce 
the selected grant award recipients on the MARAD website (https://www.marad.dot.gov).

2. Administrative and National Policy Requirements

    All awards must be administered pursuant to the ``Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards'' found at 2 CFR part 200, as adopted by the Department 
at 2 CFR part 1201. Additionally, all applicable Federal laws and 
regulations will apply to projects that receive Marine Highway Grants. 
The period following award that 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. We reserve 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 or 
acceptable manner and in accordance with the project schedule. Federal 
wage rate requirements included at 40 U.S.C. 3141-3148 apply to all 
projects receiving funds under this program and apply to all parts of 
the project, whether funded with other Federal funds or non-Federal 
funds.

3. Reporting

    Award recipients are required to submit quarterly reports, signed 
by an officer of the recipient, to the Program Office to keep MARAD 
informed of all

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activities during the reporting period. The reports will indicate 
progress made, planned activities for the next period, and a listing of 
any purchases made with grant funds during the reporting period. In 
addition, the report will include an explanation of any deviation from 
the projected budget and timeline. Quarterly status reports will also 
contain, at a minimum, the following: (1) A statement as to whether the 
award recipient has used the grant funds consistent with the terms 
contemplated in the grant agreement; (2) if applicable, a description 
of the budgeted activities not procured by recipient; (3) if 
applicable, the rationale for recipient's failure to execute the 
budgeted activities; (4) if applicable, an explanation as to how and 
when recipient intends to accomplish the purposes of the grant 
agreement; and (5) a budget summary showing funds expended since 
commencement, anticipated expenditures for the next reporting period, 
and expenditures compared to overall budget.
    For all non-planning grants, grant award recipients will also 
collect information and report on the project's observed performance 
with respect to the relevant long-term outcomes that are expected to be 
achieved through the project. Performance indicators will not include 
formal goals or targets, but will include observed measures under 
baseline (pre-project) as well as post-implementation outcomes for an 
agreed-upon timeline, and will be used to evaluate and compare projects 
and monitor the results that grant funds achieve to the intended long-
term outcomes of the AMHP. Performance reporting continues for several 
years after project construction is completed, and MARAD does not 
provide America's Marine Highway funding specifically for performance 
reporting.

4. Requirements for Domestic Content (``Buy American,'' ``Buy 
America,'' and ``Cargo Preference'')

    Consistent with the requirements of section 410 of Title IV of 
Division L, Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act, 2018, of the Consolidated Appropriations 
Act, 2018 (Pub. L. 115-141), the Buy American requirements of Chapter 
83 of Title 41 U.S.C. apply to funds made available under this Notice 
of Funding Opportunity. Depending on other funding streams, the project 
may be subject to ``Buy America'' requirements. If a project intends to 
use any product with foreign content or of foreign origin, this 
information should be listed and addressed in the application. If 
certain foreign content is granted an exception or waiver from Buy 
American or Buy America requirements, a Cargo Preference requirement 
may apply. Applications should expressly address how the applicant 
plans to comply with domestic-preference requirements and whether there 
are any potential foreign-content issues with their proposed project. 
In accord with the Executive Order 13788, applications that use grant 
funds for domestic-content purchases will be viewed favorably.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact Tori 
Collins, Office of Ports & Waterways Planning, Room W21-315, Maritime 
Administration, U.S. Department of Transportation, 1200 New Jersey Ave. 
SE, Washington, DC 20590, phone 202-366-0795 or email 
[email protected]. To ensure applicants receive accurate information 
about eligibility, the program, or in response to other questions, 
applicants are encouraged to contact MARAD directly, rather than 
through intermediaries or third parties.
* * * * *

    Dated: June 22, 2018.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2018-13798 Filed 6-26-18; 8:45 am]
 BILLING CODE 4910-81-P