[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27944-27951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10914]


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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: This notice announces the availability of funding for grants 
and establishes selection criteria and application requirements for the 
America's Marine Highway Program (AMHP). The purpose of this program is 
to make grants available to previously designated Marine Highway 
Projects that support the development and expansion of documented 
vessels or port and landside infrastructure. 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 the AMHP. Only Marine 
Highway Projects the Secretary designates before the Notice of Funding 
Opportunity (NOFO) closing date are eligible for funding as described 
in this notice.

DATES: Timing of Grant Applications: Applications must be received by 
the Maritime Administration (MARAD) by 5:00 p.m. EDT on June 25, 2021.

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: Fred Jones, Office of Ports & 
Waterways Planning, Room W21-311, Maritime Administration, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590, phone 202-366-1123, or email [email protected]. Persons who use 
a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during business hours. The FIRS is available twenty-four 
hours a day, seven days a week, to leave a message or question with the 
above individual. You will receive a reply during regular business 
hours.

SUPPLEMENTARY INFORMATION: Each section of this notice contains 
information and instructions relevant to the Marine Highway Grants 
application process. 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 the deadline 
will not be considered except in the case of unforeseen technical 
difficulties as outlined below in section D.6.

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

    The Secretary, in accordance with 46 U.S.C. 55601, established a 
marine highway transportation grant program to implement projects or 
components of designated Marine Highway Projects that provide a 
coordinated and capable alternative to landside transportation or that 
promote marine highway transportation. The primary goal of the AMHP is 
to expand the use of the nation's navigable waters to relieve landside 
congestion, reduce air emissions, and generate other public benefits by 
increasing the efficiency of the surface transportation system, and 
Fiscal Year (FY) 2021 Marine Highway Grants will be awarded to further 
this purpose.
    The Consolidated Appropriations Act, 2021 (Pub. L. 116-260, 
December 27, 2020) appropriated $10,819,000 to be awarded by the 
Department for Marine Highway Grants. The grant funds currently 
available are for projects related to vessels documented under 46 
U.S.C. chapter 121 and port and landside infrastructure. Section E of 
this notice, which outlines FY 2021 Marine Highway Grants selection 
criteria, describes the process for selecting projects that further 
this goal. Section

[[Page 27945]]

F.3 describes progress and performance reporting requirements for 
selected projects, including the relationship between that reporting 
and the program's selection criteria.
    Since this program was created, over $40 million has been awarded 
through competitive grants to implement projects or components of a 
project designated under 46 U.S.C. 55601. Throughout the program, these 
discretionary grants have been awarded to projects that have supported 
the development and expansion of documented vessels and port and 
landside infrastructure, consistent with DOT's strategic infrastructure 
goal.\1\ The AMHP continues to align with the Department's 
infrastructure goal by guiding strategic investments for port and 
landside infrastructure that expand the use of the nation's navigable 
waters. This round of FY 2021 AMHP grant funding also highlights the 
Administration's priorities to invest in infrastructure projects that 
result in good-paying jobs, improve safety, apply transformative 
technology, and explicitly address climate change.
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    \1\ See U.S. Department of Transportation Strategic Plan for FY 
2018-2022 (Feb. 2018) at https://www.transportation.gov/administrations/office-policy/dot-strategic-plan-fy2018-2022.
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    The America's Marine Highway Program Office (Program Office) 
follows a three-step approach when supporting investment opportunities 
for marine highway transportation services. The first step is 
designation of a Marine Highway Route by the Secretary. The Department 
accepts Marine Highway Route Designation requests at any time from 
Route Sponsors. Once a Route is designated, the second step is 
designation as a Marine Highway Project by the Secretary. Marine 
Highway Projects represent concepts for new services or expansions of 
existing marine highway services on designated Marine Highway Routes 
that use documented vessels and mitigate landside congestion or promote 
marine highway transportation. MARAD announces by notice in the Federal 
Register open season periods to allow Project Applicants opportunities 
to submit Marine Highway Project Designation applications. A Project 
Applicant must receive a Project Designation to then become eligible 
for Marine Highway Grant funding for that Project, the third step 
referenced above. Marine Highway Grant funding (the subject of this 
NOFO) is provided to successful public and private sector applicants as 
funds are appropriated by Congress.
    The America's Marine Highway Grant program is described in the 
Federal Assistance Listings with Assistance Listings Number 20.816 
(formerly known as the Catalog of Federal Domestic Assistance Number).

B. Federal Award Information

    The total funding available for awards under this NOFO is 
$12,600,138. This amount represents $10,494,430 from the current year's 
appropriations less $324,570 for grant administration and oversight as 
permitted under 49 U.S.C. 109(i), and $2,105,708 from unexpended prior 
year Marine Highway Grant funding.
    MARAD will seek to obtain the maximum benefit from the available 
funding by awarding grants to as many qualified projects as possible; 
however, per 46 U.S.C. 55601(g)(3), MARAD shall give preference to 
those projects or components that present the most financially viable 
transportation services and require the lowest percentage of Federal 
share of the costs. Depending on the characteristics of the pool of 
qualified applications, it is possible MARAD may award all funds to a 
single project. MARAD may also award grant funds to support a portion 
of a project described in an application by selecting discrete 
components.
    MARAD will administer each Marine Highway Grant pursuant to a grant 
agreement with the successful applicant, and the start date and period 
of performance for each award will be outlined in each grant agreement. 
Marine Highway Grant funds will be administered on a reimbursable 
basis. Unless authorized in writing by MARAD and incurred after the 
Department's announcement of FY 2021 Marine Highway Grant awards, any 
costs incurred prior to MARAD's obligation of funds for a project 
(``pre-award costs'') are ineligible for reimbursement and are 
ineligible to count as match for cost share requirements.\2\ Obligation 
occurs when a selected applicant and MARAD enter into a written grant 
agreement after the applicant has satisfied applicable administrative 
requirements, including environmental review requirements. MARAD 
reserves the right to revoke any award of Marine Highway Grant funds 
and to award such funds to another project to the extent that such 
funds are not expended in a timely or acceptable manner and in 
accordance with the project schedule and requirements detailed in the 
grant agreement.
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    \2\ Pre-award costs are costs incurred prior to the effective 
date of the Federal award directly pursuant to the negotiation and 
anticipation of entering into a Marine Highway grant agreement, 
where such costs are necessary for efficient and timely performance 
of the scope of work, as determined by MARAD.
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    Prior recipients of Marine Highway Grants may apply for funding to 
support additional phases of a designated project. However, to be 
competitive, the grant 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 Applicants for funding available under this notice are an 
original Project Applicant of a project that the Secretary has 
previously designated as a Marine Highway Project or a substitute 
applicant (which can be either a public entity or a private-sector 
entity who has been referred to the Program Office by the original 
Project Applicant with a written explanation, as part of the 
application). Original Project Applicants are defined as those public 
entities named by the Secretary in the original designated project. 
Grant applicants must have operational or administrative areas of 
responsibility that are adjacent to or near the relevant designated 
Marine Highway Project. Eligible 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. Private-sector applicants should refer to section 
D.2.vi.G for additional documentation that must be submitted to support 
an eligibility determination.
    Eligible 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. All successful grant 
applicants, whether they are public or private entities, must comply 
with all Federal requirements.

[[Page 27946]]

    If multiple Eligible Applicants submit a joint grant application, 
they must identify a lead Eligible Applicant as the primary point of 
contact. Joint grant applications must include a description of the 
roles and responsibilities of each applicant, including designating the 
one entity that will receive the Federal funds directly from MARAD, and 
must be signed by each Eligible Applicant. Refer to section D.5, 
Funding Restrictions, for more information.

2. Cost Sharing or Matching

    An Eligible Applicant must provide at least 20 percent of grant 
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. MARAD 
will not consider previously incurred costs or previously expended or 
encumbered funds towards the matching requirement for any project. 
Matching funds are subject to the same Federal requirements described 
in section F.2 as Federally-awarded funds, including applicable Buy 
American requirements. Refer to section D.2 for information on 
documenting cost sharing in the application.
    For each project that receives a Marine Highway Grant award, the 
terms of the award will require the recipient to complete the project 
using at least the level of non-Federal funding that was specified in 
the application. If the actual costs of the project are greater than 
the costs estimated in the application, the recipient will be 
responsible for increasing the non-Federal contribution. If the actual 
costs of the project are less than the costs estimated in the 
application, the Department may reduce the Federal contribution.

3. Other Eligible Projects

    Pursuant to the Consolidated Appropriations Act, 2021 (Pub. L. 116-
260, December 27, 2020), eligible projects proposed for funding must 
support the development and expansion of documented vessels or port and 
landside infrastructure. Only projects or their components that the 
Secretary has designated as Marine Highway Projects by the closing date 
of this notice are eligible for this round of grant funding. The 
current list of designated Marine Highway Projects can be found on the 
MARAD website at: https://www.maritime.dot.gov/grants/marine-highways/marine-highway-project-description-pages.
    Grant funds may also be requested for eligible project planning 
activities; however, market-related studies are ineligible to receive 
Marine Highway Grants. Activities eligible for funding under Marine 
Highway planning grants are related to the planning, preparation, or 
design--including site design, engineering drawings, cost estimation, 
and other pre-construction activities--of eligible documented vessel or 
port and landside infrastructure projects.
    Improvements to Federally-owned facilities are ineligible under the 
FY 2021 Marine Highway Grant program. Each lead applicant may submit no 
more than one application.

D. Application and Submission Information

1. Address To Request Application Package

    This announcement contains all the information needed for 
applicants to apply for this funding opportunity. Applications may be 
found at and must be submitted through Grants.gov.

2. Content and Form of Application Submission

    In addition to the SF-424, the application should include the 
Project Narrative. MARAD recommends that the Project Narrative follows 
the basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

I. First Page of Project Narrative..  See D.2.i.
II. Project Description.............  See D.2.ii.
III. Project Location...............  See D.2.iii.
IV. Grant Funds, Sources, and Uses    See D.2.iv.
 of Project Funds.
V. Selection Criteria...............  See D.2.v and E.1.
VI. Other Application Requirements..  See D.2.vi.
 

    The Project Narrative should include the information necessary for 
MARAD to determine that the project satisfies the requirements 
described in sections B and C, and to assess the selection criteria 
specified in section E.1. This includes a detailed project description, 
location, and budget. To the extent practicable, applicants should 
provide supporting data and documentation in a form that is directly 
verifiable by MARAD. Applicants are strongly encouraged to provide 
quantitative information, including baseline information, that 
demonstrates the project's merits and economic viability. MARAD may ask 
any applicant to supplement data in its application, but expects 
applications to be complete upon submission. Incomplete applications 
may not be considered for an award.
    The Project Narrative should also include a table of contents, 
maps, and graphics, as appropriate, to make the information easier to 
review. MARAD recommends that the Project Narrative be prepared with 
standard formatting preferences (a single-spaced document, using a 
standard 12-point font such as Times New Roman, with 1-inch margins, 
and the narrative text in one column only). The Project Narrative may 
not exceed 10 pages in length, excluding the table of contents and 
appendices. The only substantive portions that may exceed the 10-page 
limit are documents supporting assertions or conclusions made in the 
10-page Project Narrative. If possible, website links to supporting 
documentation should be provided rather than copies of these supporting 
materials. It is important to ensure that the website links are 
currently active and working. If supporting documents are submitted, 
applicants should clearly identify within the Project Narrative the 
relevant portion of the Project Narrative that each supporting document 
supports. MARAD recommends using appropriately descriptive file names 
(e.g., ``Project Narrative,'' ``Maps,'' ``Letters of Support'') for all 
attachments. 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 documents 
provided previously are referenced, they need not be resubmitted in 
support of a Marine Highway Grant application.
    To ensure the Project Narrative is sufficiently detailed and 
informative, MARAD recommends applications include the following 
sections:
i. First Page of Project Narrative
    The first page of the Project Narrative should provide the 
following items of information:
    (A) Marine Highway Project name and the original Project Applicant 
(as stated

[[Page 27947]]

on the Marine Highway Program's list of Designated Projects);
    (B) Primary point of contact, including the name, phone number, 
email address, and business address of the primary point of contact for 
the Eligible Applicant;
    (C) Total amount of the proposed grant project cost in dollars and 
the amount of Federal grant funds the applicant is seeking, along with 
sources and share of matching funds;
    (D) Executive Summary, which should include an outline of the 
background of the project, the need for the project, and how the grant 
funding will be applied in the context of the service referenced in the 
original Project Designation application;
    (E) The public and private partners engaged in the Marine Highway 
Project;
    (F) The Data Universal Numbering System (DUNS) number associated 
with the application. Marine Highway Grant Recipients and their first-
tier sub-awardees must obtain DUNS numbers, which are available at 
https://fedgov.dnb.com/webform; and
    (G) Evidence of registration with the System for Award Management 
(SAM) at https://www.SAM.gov.
ii. Project Description
    The next section of the application should provide a concise 
description of the project. The project description must be in 
paragraph form providing a high-level view of the overall project and 
its major components. This section should discuss the project's 
history, including a description of any previously completed 
components. The applicant may use this section to place the project 
into a broader context of other transportation infrastructure 
investments being pursued by the grant applicant, and, if applicable, 
how it will benefit communities in rural areas. This section should 
also include a timeline for implementing the project.
    Consistent with the Department's Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) Initiative (https://www.transportation.gov/rural), the Department encourages applicants to 
describe how activities proposed in their application would address the 
unique challenges facing rural transportation networks, regardless of 
the geographic location of those activities.
iii. Project Location
    This section of the application should describe the project 
location, including a detailed geographical description of the proposed 
project, a map of the project's location and connections to existing 
transportation infrastructure, and geospatial data describing the 
project location.
    The application should also identify:
    (A) Whether the project is located in a Federally designated 
community development zone such as a qualified Opportunity Zone; \3\ 
Empowerment Zone; \4\ Promise Zone; \5\ or Choice Neighborhood; \6\ and
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    \3\ See https://opportunityzones.hud.gov/.
    \4\ See https://www.hud.gov/hudprograms/empowerment_zones.
    \5\ See https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz.
    \6\ See https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn.
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    (B) whether the project is located in an urban area (UA) or rural 
area (RA) \7\ as designated by the U.S. Census Bureau at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
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    \7\ The Department will consider a project to be in an RA if the 
majority of the project (determined by geographic location(s) where 
the majority of the money is to be spent) is located in an RA. Grant 
funds utilized in a UA border, including an intersection with a UA, 
will be considered urban for the purposes of the FY 2021 Marine 
Highway Grants program.
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    (C) whether the project advances Racial Equity and Reducing 
Barriers to Opportunity. This section of the application should include 
sufficient information to evaluate how the applicant and the project 
will advance the Racial Equity and Barriers to Opportunity program 
objective.
iv. Grant Funds, Sources, and Uses of Project Funds
    This section of the application should describe the project's 
budget (i.e., the project scope that includes Marine Highway funding). 
The budget should not include any previously incurred expenses. At a 
minimum, it should include:
    (A) Project costs;
    (B) The source and amount of those funds to be used for project 
costs;
    (C) For Non-Federal funds to be used for eligible project costs, 
documentation of funding commitments should be referenced here and 
included as an appendix to the application;
    (D) For Federal funds to be used for eligible project costs, the 
amount, nature, and source of any required non-Federal match for those 
funds; and
    (E) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each project 
component, and present that data in dollars and percentages. Funding 
sources should be grouped into three categories: Non-Federal; Marine 
Highway Grant funding; and other Federal. A letter of commitment from 
each funding source should be an attachment to the application. If the 
project contains individual components, the budget should separate the 
costs of each project component. The budget should sufficiently 
demonstrate that the project satisfies the statutory cost-sharing 
requirements described in section C.2.
v. Selection Criteria
    This section of the application should demonstrate how the project 
proposed for grant funding aligns with the criteria described below and 
in section E.1. MARAD encourages applicants to address each criterion, 
or expressly state that the project does not address the criterion. 
Applicants are not required to follow a specific format, but MARAD 
recommends applicants address each criterion separately using the 
outline suggested below, which provides a clear discussion that assists 
project evaluators. Guidance describing how MARAD will evaluate 
projects against the selection criteria is in section E.1 of this 
notice. Applicants also should review that section before considering 
how to organize and complete their application. To minimize redundant 
information in the application, MARAD encourages applicants to cross-
reference from this section of their application to relevant 
substantive information in other sections of the application.
(A) Primary Selection Criteria
    (1) This section of the application should demonstrate the extent 
to which the project is financially viable. Per 46 U.S.C. 55601(g)(3), 
preference will be given to projects or components that present the 
most financially viable transportation services.
    (2) This section of the application should demonstrate that the 
funds received will be spent efficiently and effectively.
    (3) This section of the application should demonstrate that a 
market exists for the services of the proposed project as evidenced by 
contracts or written statements of intent from potential customers.
    (4) This section of the application should describe the public 
benefits anticipated by the proposed grant project, as outlined in 46 
CFR 393.3(c)(8), and described below. The public benefits described in 
the relevant Marine Highway Project Designation application may be 
referenced, updated, or described as unchanged. Applicants will need to 
clearly demonstrate that the original public benefits outlined in the 
original Project Designation application apply to the specific grant 
funding request associated with this notice, and

[[Page 27948]]

provide any updates or supplement the original public benefits, as 
necessary. To the extent referenced, this information need not be 
resubmitted in support of a Marine Highway Grant application. 
Applicants should organize their external net cost savings and public 
benefits of the proposed grant project based on the following six 
categories:

    (1) Emissions benefits;
    (2) Energy savings;
    (3) Landside transportation infrastructure maintenance savings;
    (4) Economic competitiveness;
    (5) Safety improvements; and
    (6) System resiliency and redundancy.
vi. Other Application Requirements
(A) National Environmental Policy Act (NEPA) Requirements
    (1) Information about the NEPA status of the Project. Projects 
selected for grant award must comply with NEPA and any other applicable 
environmental laws. The application should indicate the anticipated 
NEPA level of review for the project and describe any environmental 
analysis in progress or completed. This includes Categorical Exclusion, 
Environmental Assessment/Finding of No Significant Impact, or 
Environmental Impact Statement/Record of Decision. The applicant should 
review the Maritime Administration Manual of Orders MAO 600-1 
(available at https://www.maritime.dot.gov/sites/marad.dot.gov/files/docs/environment-security-safety/office-environment/596/mao600-001-0.pdf) prior to submission. The application should detail the type of 
NEPA review underway, where the project is in the process, provide a 
website link or other reference to copies of any environmental 
documents prepared, and indicate the anticipated date of completion of 
all milestones and of the final NEPA determination. If the last agency 
action with respect to NEPA documents occurred more than three years 
before the application date, the applicant should describe why the 
project has been delayed and include a proposed approach for verifying 
and, if necessary, updating this material in accordance with applicable 
NEPA requirements.
    (2) Environmental Permits and Reviews. The application should 
demonstrate receipt (or reasonably anticipated receipt) of all 
environmental permits and approvals necessary, including Section 106 of 
the National Historic Preservation Act, 54 U.S.C. 306108, and Section 7 
of the Endangered Species Act, 16 U.S.C. 1531, for the project to 
proceed on the timeline specified in the project schedule, including 
satisfaction of all Federal, State, and local requirements and 
completion of the NEPA process.
(B) Other Federal, State, and Local Actions
    An application must indicate whether the proposed project is likely 
to require actions by other agencies, 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. This 
section should also include a description of whether the project is 
dependent on, or affected by, U.S. Army Corps of Engineers investment 
and the U.S. Army Corps of Engineers planned activities as it relates 
to the project.
(C) Domestic Preference
    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. Applications should expressly address how the applicant 
plans to comply with domestic-preference requirements and the 
applicant's current efforts and planned efforts to maximize domestic 
content. If an applicant anticipates any potential foreign-content 
issues with its proposed project, applications should demonstrate that 
the domestic source is not available and how that determination was 
achieved.
(D) Addressing Climate Change and Decarbonization
    In support of Departmental priorities and objectives related to 
climate change, including maritime transportation decarbonization, 
applications should address whether the proposed grant project 
demonstrates a movement towards lower carbon emissions or near-zero 
emissions. This may include, but is not limited to:

    (1) The use of alternative, low carbon fuels for vessels or 
cargo handling equipment;
    (2) The use of alternative technologies, such as fuels cells, 
batteries, hybrid systems, etc. for vessels or cargo handling 
equipment;
    (3) The procurement or leasing of low or no emission cargo-
handling equipment that make greater reductions in energy 
consumption and harmful emissions than comparable equipment;
    (4) The use of port-based alternative energy sources such as low 
carbon-powered microgrids or charging stations; and/or
    (5) Best practices that promote low carbon/energy efficiency 
cargo movement or handling operations.
(E) Certification Requirements
    For an application to be considered for a grant award, the Chief 
Executive Officer, or equivalent, of the Eligible Applicant is required 
to certify, in writing, the following:
    (1) That, except as noted in this grant application, nothing has 
changed from the original application for formal designation as a 
Marine Highway Project; and
    (2) The Eligible Applicant will administer the project and any 
funds received will be spent efficiently and effectively; and
    (3) The Eligible Applicant will provide information, data, and 
reports as required.
(F) Protection of Confidential Commercial Information
    Eligible 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: (i) 
Note on the front cover that the submission contains ``Confidential 
Commercial Information (CCI)''; (ii) mark each affected page ``CCI''; 
and (iii) 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 
those procedures will be exempt from disclosure under FOIA.
(G) Additional Application Information Needed From Private-Sector 
Applicants
    (1) 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.
    (2) A description of the entity including location of the 
headquarters; a description of the entity's assets (tugs, barges, 
etc.); years in operation; ownership; customer base; and website 
address, if any.
    (3) Unique entity identifier of the parent company (when 
applicable): Data Universal Numbering System (DUNS + 4 number).
    (4) The most recent year-end audited, reviewed or compiled 
financial statements, prepared by a certified public accountant (CPA), 
per U.S. generally accepted accounting

[[Page 27949]]

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.
    (5) Statement regarding the relationship between applicants and any 
parents, subsidiaries or affiliates, if any such entity is going to 
provide a portion of the matching funds.
    (6) Evidence documenting applicant's ability to make proposed 
matching requirement (loan agreement, commitment from investors, cash 
on balance sheet, etc.).
    (7) Pro-forma financial statements reflecting financial condition 
at beginning of period; 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 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.
    (8) 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.
    (9) Additional information may be requested as deemed necessary by 
MARAD to facilitate and complete its review of the application. If such 
information is not provided, MARAD may deem the application incomplete 
and cease processing it.
    (10) Company Officer's certification of each of the following:
    i. That the company operates in the geographic location of the 
designated Marine Highway Project;
    ii. That the applicant has the authority to carry out the proposed 
project; and
    iii. 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 DUNS 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 at all times during 
which it has an active Federal award or an application or plan under 
consideration by a Federal awarding agency. Applicants may register 
with the SAM at www.SAM.gov. Applicants can obtain a DUNS 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 5:00 p.m. EDT on June 25, 2021. To 
submit an application through Grants.gov, applicants must:

    i. Obtain a Data Universal Numbering System (DUNS) number;
    ii. Register with the System for Award Management (SAM) at 
www.SAM.gov;
    iii. Create a Grants.gov username and password; and
    iv. Complete Authorized Organization Representative (AOR) 
registration in Grants.gov.

    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 applicant as the AOR. Please note 
that there can be more than one AOR for an organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and the Department will not consider late 
applications that are the result of a failure to register or comply 
with Grants.gov applicant requirements in a timely manner. For 
information and instruction on each of these processes, please see 
instructions at https://www.grants.gov/applicants/applicant-faqs.html. 
If applicants 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. ET.

5. Funding Restrictions

    Grant funds may only be used for the purposes described in this 
notice and may not be used as an operating subsidy. Market-related 
studies are ineligible for Marine Highway Grant funds, as are 
improvements to Federally owned facilities.
    MARAD will not consider previously incurred costs or previously 
expended or encumbered funds towards the matching requirement for any 
project. Unless authorized by MARAD in writing after MARAD's 
announcement of Marine Highway Grant awards, any costs incurred prior 
to MARAD's obligation of funds for a project (``pre-award costs'') are 
ineligible for reimbursement and are ineligible to count as match for 
cost share requirements.
    Federal award recipients and sub-recipients are prohibited from 
obligating or expending grant funds to procure or obtain; extend or 
renew a contract to procure or obtain; or enter into a contract (or 
extend or renew a contract) to procure or obtain equipment, services, 
or systems that uses covered telecommunications equipment or services 
as a substantial or essential component of any system, or as critical 
technology as part of any system. See Section 889 of Public Law 115-232 
(National Defense Authorization Act for Fiscal Year 2019) and 2 CFR 
200.216 & 200.471.

6. Other Submission Requirements

    Grant applications must be submitted electronically using 
Grants.gov (https://www.grants.gov).
    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 Fred Jones at 202-366-1123 prior to the deadline with the 
user name of the registrant and details of the technical issue 
experienced. The applicant must provide: (i) Details of the technical 
issue experienced; (ii) screen capture(s) of the technical issue 
experienced along with the corresponding ``Grant tracking number'' that 
is provided via Grants.gov; (iii) the ``Legal Name'' for the applicant 
that was provided in the SF-424; (iv) the name and contact information 
for the person to be contacted on matters involving submission that is 
included on the SF-424; (v) the DUNS number associated with the 
application; and (vi) the Grants.gov Help Desk Tracking Number.

E. Application Review Information

1. Selection Criteria

    This section specifies the criteria that MARAD will use to evaluate 
and award applications for Marine Highway Grants. These criteria 
incorporate the statutory requirements for this program, as well as 
Departmental and programmatic priorities.
    When reviewing grant applications, MARAD will consider how the

[[Page 27950]]

proposed service could satisfy, in whole or in part, 46 U.S.C. 
55601(b)(1) and (3) and 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.

    MARAD will also consider how the proposed request for funding 
outlined in the grant application supports the elements of 46 CFR 
393.3(c)(8) (Public benefits) as a key programmatic objective.
    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.
    After applying the above criteria, in support of Departmental 
priorities related to climate change, including advancing the goals 
outlined in Executive Order 13990, Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis (86 FR 
7037, January 25, 2021).
    Applicants are encouraged to describe credible planning activities 
and actions to resolve potential inequities and barriers to equal 
opportunity in the project as reflected in Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government.
    MARAD may give preference to grant projects that demonstrate a 
movement towards lower carbon emissions or near-zero emissions. This 
may include, but is not limited to:
    (A) The use of alternative, low carbon fuels for vessels or cargo 
handling equipment;
    (B) The use of alternative technologies, such as fuels cells, 
batteries, hybrid systems, etc. for vessels or cargo handling 
equipment;
    (C) The procurement or leasing of low or no emission cargo-handling 
equipment that make greater reductions in energy consumption and 
harmful emissions than comparable equipment;
    (D) The use of port-based alternative energy sources such as low 
carbon-powered microgrids or charging stations; and/or
    (E) Best practices that promote low carbon/energy efficiency cargo 
movement or handling operations.
    MARAD may also consider whether a project is located within a 
Federally designated community development zone such as a Qualified 
Opportunity Zone, Empowerment Zone, Promise Zone, or Choice 
Neighborhood.

2. Review and Selection Process

    Upon receipt, MARAD will conduct a technical review to evaluate the 
application using the criteria outlined above. Upon completion of the 
technical review, MARAD will forward the applications to an inter-
agency review team (Intermodal Review Team). The Intermodal Review Team 
will include members of MARAD, other Department of Transportation 
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 its 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. Federal Awardee Performance and Integrity Information System 
(FAPIIS) Check

    MARAD 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. MARAD 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, the Secretary will 
announce the selected grant award recipients. The award announcement 
will be posted on the MARAD website (https://www.maritime.dot.gov).
    Recipients of an award will not receive a lump-sum cash 
disbursement at the time of award announcement or obligation of funds. 
Instead, Marine Highway Grant funds will reimburse recipients only 
after a grant agreement has been executed, allowable expenses are 
incurred, and a valid request for reimbursement has been submitted. 
Marine Highway Grant recipients must adhere to applicable requirements 
and follow established procedures to receive reimbursement. Unless 
authorized in writing by MARAD, an expense incurred before a grant 
agreement is executed will not be reimbursed or count towards cost 
share requirements.

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. 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 
Federal funds or non-Federal funds. Additionally, all applicable 
Federal laws and regulations will apply to projects that receive Marine 
Highway Grants.
    As expressed in Executive Order 14005, Ensuring the Future is Made 
in All of America by All of America's Workers (86 FR 7475, January 28, 
2021), it is the policy of the executive branch to use terms and 
conditions of Federal financial assistance awards to maximize, 
consistent with law, the use of goods, products, and materials produced 
in, and services offered in, the United States. Consistent with the 
requirements of section 410 of Division L--Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2021 (Pub. 
L. 116-260, December 27, 2020), the Buy American requirements of 41 
U.S.C. Chapter 83 apply to funds made available under this notice, and 
all award recipients must apply, comply with, and implement all 
provisions of the Buy American Act and related provisions in the grant 
agreement when implementing Marine Highway Grant projects. Depending on 
other funding streams, the project may be subject to separate ``Buy 
America'' requirements.
    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and

[[Page 27951]]

other assurances made applicable to the award of funds in accordance 
with regulations of the Department of Transportation; and applicable 
Federal financial assistance and contracting principles promulgated by 
the Office of Management and Budget. In complying with these 
requirements, recipients, in particular, must ensure that no concession 
agreements are denied or other contracting decisions made on the basis 
of speech or other activities protected by the First Amendment. If the 
Department determines that a recipient has failed to comply with 
applicable Federal requirements, the Department may terminate the award 
of funds and disallow previously incurred costs, requiring the 
recipient to reimburse any expended award 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 activities during the reporting period. The reports 
will indicate progress made, planned activities for the next reporting 
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 
reports will also contain, at a minimum, the following: (i) A statement 
as to whether the award recipient has used the grant funds consistent 
with the terms contemplated in the grant agreement; (ii) if applicable, 
a description of the budgeted activities not procured by recipient; 
(iii) if applicable, the rationale for recipient's failure to execute 
the budgeted activities; (iv) if applicable, an explanation as to how 
and when recipient intends to accomplish the purposes of the grant 
agreement; and (v) a budget summary showing funds expended since 
commencement, anticipated expenditures for the next reporting period, 
and expenditures compared to overall budget.
    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 the project is 
completed, and MARAD does not provide Marine Highway Grant funding 
specifically for performance reporting.

G. Federal Awarding Agency Contacts

    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. Please see contact information in the 
FOR FURTHER INFORMATION CONTACT section above.
* * * * *

    By Order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2021-10914 Filed 5-21-21; 8:45 am]
BILLING CODE 4910-81-P