[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18210-18217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06250]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2023 Emergency Relief Grants for Public Transportation Systems 
Affected by Major Declared Disasters in Calendar Years 2017, 2020, 
2021, and 2022

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

ACTION: Notice of availability of emergency relief funding.

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for $212,301,048 in grants under the Public 
Transportation Emergency Relief Program (Emergency Relief Program) for 
states, territories, local government authorities, Indian tribes, and 
other FTA recipients affected by major declared disasters in calendar 
years 2017, 2020, 2021, and 2022. FTA may award additional funding made 
available to the program prior to the announcement of project 
selections. Projects may include costs for disaster response, recovery, 
and rebuilding activities. Costs related to the COVID-19 pandemic are 
not eligible for this funding. FTA will distribute these funds in a 
manner consistent with the eligibility requirements of this program, 
subject to the priorities set forth below.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by May 26, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Wilson, Emergency Relief 
Program Manager, Office of Program Management, 1200 New Jersey Ave. SE, 
Washington, DC 20590, phone: (202) 366-5279, or email, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

A. Program Description

    Extreme weather and other destructive events occurring during 
calendar years 2017, 2020, 2021, and 2022 resulted in major disaster 
declarations across the Unites States. Transit systems in these 
disaster-affected areas may have provided emergency transportation 
services and may also have sustained damage to capital assets.
    Federal public transportation law (49 U.S.C. 5324) provides FTA 
with the authority to reimburse public transportation emergency 
response and recovery costs after an emergency or major disaster that 
affects public transportation systems when funding is appropriated. As 
such, public transportation agencies, States, territories, local 
governmental authorities, Indian tribes, and other FTA grant recipients 
that provide or fund public transportation service in the affected 
areas may be eligible for Emergency Relief funding under the program 
contingent upon having experienced an eligible disaster and incurred 
associated costs that have not yet been reimbursed by FEMA or another 
entity. FTA will allocate funds consistent with the requirements of the 
final rule for the Emergency Relief Program, 49 CFR 602.

B. Federal Award Information

    The Consolidated Appropriations Act, 2023 (Pub. L. 117-328), signed 
into law on December 29, 2022, appropriated $213,905,338 for FTA's 
Emergency Relief Program for transit systems affected by major declared 
disasters occurring in calendar years 2017, 2020, 2021, and 2022.
    Of the $213,905,338 appropriated, 0.75%, or a total of $1,604,290 
is set aside for administrative expenses and ongoing program management 
oversight activities as authorized under the Consolidated 
Appropriations Act, 2023, leaving $212,301,048 available for allocation 
to eligible recipients. FTA will make awards in the form of grants. 
Funds are available until expended.
    Pre-award authority allows recipients to incur certain project 
costs before grant approval and retain the eligibility of those costs 
for subsequent reimbursement after grant approval. Pre-award authority 
as it relates to the Emergency Relief Program is described in the 
Emergency Relief Program final rule (49 CFR 602.11). FTA will grant 
pre-award authority to affected recipients for response, recovery, and 
rebuilding expenses incurred because of major declared disasters 
occurring in calendar years 2017, 2020, 2021, and 2022. Pre-award 
authority applies to expenses incurred in preparation for such 
disasters when forecasts specific to the disasters were available. 
Expenses incurred for general disaster preparedness are not eligible.
    If a recipient intends to use pre-award authority for recovery and 
rebuilding expenses, FTA recommends the

[[Page 18211]]

recipient work with the appropriate FTA regional office to verify that 
all proposed costs are eligible under the Emergency Relief Program in 
advance of incurring any costs to the extent practicable. FTA regional 
office contact information can be found at https://www.transit.dot.gov/about/regional-offices/regional-offices.

C. Eligibility Information

1. Eligible Applicants

    Public transportation agencies, States, territories, local 
governmental authorities, Indian tribes, and other FTA grant recipients 
that provide or fund public transportation service are eligible for 
Emergency Relief funding under the program. Entities that generally 
receive transit funding directly from FTA may apply for these funds 
according to the instructions in this Notice of Availability of 
Emergency Relief Funding (NAERF). Public transit systems that are not 
FTA direct recipients (i.e., are subrecipients) but have incurred 
eligible expenses may receive Emergency Relief funding through a pass-
through entity, such as a State or designated recipient. Please see 
www.fema.gov/disasters for a list of major disaster declarations, areas 
designated for Public Assistance, and incident periods. Transit systems 
that have been reimbursed by FEMA for emergency relief expenses or have 
used FTA formula funds to pay for emergency relief expenses may not 
apply for funds available through this Notice for activities already 
funded.

2. Cost Sharing or Matching

    The maximum Federal share for all grants awarded via this notice is 
90 percent of the net project cost unless the project is in response to 
or recovery from a major declared disaster in an insular area, in which 
case the maximum Federal share is 100 percent (48 U.S.C. 1469a). 
Applicants may request a waiver of the non-Federal share requirement 
(49 U.S.C. 5324(e)(3)). FTA's ability to provide a waiver and fully 
fund an applicant's request may depend on total requests from all 
applicants.
    Eligible sources of non-Federal matching funds include:
    i. Cash from non-governmental sources other than revenues from 
providing transit services (such as fare revenues);
    ii. Non-farebox revenues from the operation of public 
transportation service, such as the sale of advertising and concession 
revenues;
    iii. Monies received under a service agreement with a State or 
local social service agency or private social service organization;
    iv. Undistributed cash surpluses, replacement or depreciation cash 
funds, reserves available in cash, or new capital;
    v. In-kind contributions integral to the project;
    vi. Revenue bond proceeds for a capital project, with prior FTA 
approval; and
    vii. Transportation Development Credits (formerly referred to as 
Toll Revenue Credits).
    The Community Development Block Grant (CDBG) program (42 U.S.C. 
5305(a)(9)) provides that ``payment of the non-Federal share required 
in connection with a Federal grant-in-aid program undertaken as part of 
activities assisted under [chapter 53 of title 42]'' is an eligible 
activity. Since the CDBG statute specifically states it is available to 
fund the ``non-Federal share'' of other Federal grant programs, if the 
activity is eligible under the CDBG program, FTA will accept CDBG funds 
as local match.

3. Eligible Projects

    Eligible projects include public transportation emergency 
operations, emergency protective measures, emergency repairs, and 
permanent repairs. For emergency service operations, service must be in 
addition to, or otherwise different than, regular service to be 
eligible. Farecards and lost fare revenue are not eligible expenses. 
Cost-effective resilience measures may be incorporated into replacement 
and repair projects.
    To be considered eligible for funding described in this Notice, 
expenses must have been, or will be, incurred in a county designated as 
eligible for any category of Federal Emergency Management Agency (FEMA) 
Public Assistance--or incurred by transit agencies in the geographic 
area affected by the disaster by providing services to persons 
displaced from such counties--for an event that the President has 
declared a Major Disaster under the Stafford Act, other than the COVID-
19 Pandemic, with an incident period partially or entirely occurring 
within calendar years 2017, 2020, 2021, or 2022. Recipients are 
strongly encouraged to review FTA's Emergency Relief Manual, found at 
https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program/emergency-relief-manual-reference-manual-states, and FTA's 
Emergency Relief Frequently Asked Questions at https://www.transit.dot.gov/faq?combine&term_node_tid_depth=2666 to assist in 
the identification of potentially eligible projects and emergency 
expenses. Projects funded by FEMA, FTA formula funds, other Federal 
funds or insurance proceeds are not eligible.

D. Application and Submission Information

1. Address To Request Application Package

    Applications may be accessed, and must be submitted, electronically 
through GRANTS.GOV. General information for accessing and submitting 
applications through GRANTS.GOV can be found at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding, along 
with specific instructions for the forms and attachments required for 
submission. Mail or fax submissions will not be accepted. The required 
SF-424 Application for Federal Assistance can be downloaded from 
GRANTS.GOV, and the required supplemental form can also be downloaded 
from GRANTS.GOV.

2. Content and Form of Application Submission

a. Proposal Submission
    A complete proposal submission consists of two forms: (1) the SF-
424 Application for Federal Assistance; and (2) the supplemental form. 
The supplemental form and any supporting documents must be attached to 
the ``Attachments'' section of the SF-424. The application must include 
responses to all sections of the SF-424 Application for Federal 
Assistance and the supplemental form, unless designated as optional. 
The information on the supplemental form will be used to determine 
applicant and project eligibility for the program, and to review the 
proposal against the criteria described in part E of this notice. 
Failure to submit the information as requested can delay review or 
disqualify the application.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages applicants to consider submitting a single supplemental 
form that includes multiple activities as one project to be evaluated 
as a consolidated proposal. Applicants may include projects and 
operating expenses associated with multiple disaster events in the same 
application.
    Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to documentation supporting 
the applicant's eligibility for the grant program, operating expenses 
incurred, or project budgets. Supporting

[[Page 18212]]

documentation should be described and referenced by file name in the 
appropriate response section of the supplemental form, or it may not be 
reviewed.
    Information such as applicant name, Federal amount requested, local 
match amount, and description of areas served may be requested in 
varying degrees of detail on both the SF-424 and supplemental form. 
Applicants must fill in all fields unless otherwise stated on the 
forms. Applicants should not place ``N/A'' or ``refer to attachment'' 
in lieu of typing in responses in the field sections. If information is 
copied into the supplemental form from another source, applicants 
should verify that pasted text is fully captured on the supplemental 
form and has not been truncated by the character limits built into the 
form. Applicants should use both the ``Check Package for Errors'' and 
the ``Validate Form'' validation buttons on both forms to check all 
required fields on the forms and ensure that the Federal and local 
amounts specified are consistent.
b. Application Content
    The SF-424 Application for Federal Assistance and the supplemental 
form will prompt applicants for the required information:

i. Applicant Name
ii. Unique entity identifier (generated by SAM.GOV)
iii. Key contact information (including contact name, address, email 
address, and phone)
iv. Congressional district(s) in which project is located
v. Project information (including title, executive summary, and type)
vi. A detailed description of the project
vii. A list of projects that identifies emergency operations, emergency 
protective measures, and emergency repairs completed as well as 
permanent repairs needed to repair, reconstruct or replace seriously 
damaged or destroyed rolling stock, equipment, facilities, and 
infrastructure to a state of good repair. This list must also indicate 
the Major Declared Disaster that caused the damage or operational 
expense to be incurred. If the applicant received FEMA or other Federal 
funds, used FTA formula funds or received insurance proceeds for some 
activities related to a disaster but not all activities, the applicant 
must include a list of activities already funded and the source of 
funds.
viii. A description of the technical, legal, and financial capacity of 
the applicant
ix. A detailed project budget
x. An explanation of the scalability of the project
xi. Details on the non-Federal matching funds
xii. A detailed project timeline

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

    Each applicant is required to: (1) be registered in SAM.GOV before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. FTA may not make an award until the applicant has 
complied with all applicable unique entity identifier and SAM 
requirements. If an applicant has not fully complied with the 
requirements by the time FTA is ready to make an award, FTA may 
determine that the applicant is not qualified to receive an award and 
use that determination as a basis for making a Federal award to another 
applicant. These requirements do not apply if the applicant has an 
exception approved by FTA or the U.S. Office of Management and Budget 
under 2 CFR 25.110(c) or (d).
    All applicants must provide a unique entity identifier provided by 
SAM. Registration in SAM may take as little as 3-5 business days, but 
since there could be unexpected steps or delays (for example, if there 
is a need to obtain an Employer Identification Number), FTA recommends 
allowing ample time, up to several weeks, for completion of all steps. 
For additional information on obtaining a unique entity identifier, 
please visit https://www.sam.gov.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern Time on May 26, 2023. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Mail and fax submissions will not be accepted.
    FTA urges applicants to submit applications at least 72 hours prior 
to the deadline to allow time to correct any problems that may have 
caused either GRANTS.GOV or FTA systems to reject the submission. 
Proposals submitted after the deadline will be considered only if 
lateness was due to extraordinary circumstances not under the 
applicant's control. Deadlines will not be extended due to scheduled 
website maintenance. GRANTS.GOV scheduled maintenance and outage times 
are announced on the GRANTS.GOV website.
    Within 48 hours after submitting an electronic application, the 
applicant should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, include all original attachments 
regardless of which attachments were updated and check the box on the 
supplemental form indicating this is a resubmission.
    Applicants are encouraged to begin the process of registration on 
the GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to take steps to keep their registration up to 
date before submissions can be made successfully: (1) registration in 
SAM is renewed annually; and (2) persons making submissions on behalf 
of the Authorized Organization Representative (AOR) must be authorized 
in GRANTS.GOV by the AOR to make submissions.

5. Funding Restrictions

    FTA Emergency Relief Program funds may not be used to reimburse 
project costs for which a transit system has received payments from 
insurance policies or from another Federal agency, including FEMA, or 
that were funded with any other FTA funds. Please see FTA's Emergency 
Relief Manual for a complete list and description of ineligible 
expenses.
    Allowable direct and indirect expenses must be consistent with the 
Government-wide Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards (2 CFR 200) and FTA Circular 
5010.1E.

E. Application Review Information

1. Review Criteria

    Projects will be reviewed primarily on the responses provided in 
the supplemental form. Additional information may be provided to 
support the responses; however, any additional documentation must be 
directly referenced on the supplemental form, including the file name 
where the additional information can be found. FTA will review project 
proposals based on the criteria described in this notice.

[[Page 18213]]

    In the event the funding requested exceeds the amount available, 
applicants are encouraged to identify scaled options to fund a project 
at less than the full requested amount. If an applicant advises that a 
project is scalable, the applicant must provide an appropriate minimum 
funding amount that will fund an eligible project that achieves the 
objectives of the program and meets all relevant program requirements. 
The applicant must provide a clear explanation of how the project 
budget would be affected by a reduced award. FTA may award a lesser 
amount whether or not a scalable option is provided. Responses to the 
Local Financial Commitment; Project Implementation Strategy; and 
Technical, Legal, and Financial Capacity criteria described below will 
not be used to disqualify applications but may be used to determine 
which applicants may need additional technical assistance to implement 
a grant award and to the extent necessary, evaluate any requests for a 
waiver of the local match requirement.
(a) Projects and Expenses
    FTA will review operating and capital expenses along with damage 
assessments or damage estimates to confirm that project costs are 
eligible. FTA will also review information about insurance coverage and 
proceeds received and any other Federal funding that has been applied 
to project costs.
i. Documentation To Support Emergency Operating Requests
    Applications must include the purpose of the emergency public 
transportation service provided, which may include: evacuations; rescue 
operations; moving rolling stock to higher ground to protect it from 
storm surges; additional bus or ferry service to replace inoperable 
rail service or to detour around damaged areas; returning evacuees to 
their homes after the disaster; and the net project costs related to 
reestablishing, expanding, or relocating public transportation service 
before, during, or after the disaster. The application must include the 
dates, hours, number and type of vehicles, and information relating to 
fares received for the emergency service. Only net project costs may be 
reimbursed.
ii. Documentation To Support Capital Requests
    Applications must include copies of detailed damage assessments to 
support the request for assistance for capital projects. Some 
applicants may have previously worked with FTA or FEMA to develop 
damage assessments which may be included in the application. Typically, 
a damage assessment involves on-the-ground visits to the damage sites 
to verify the extent of the damage and to estimate the cost of repairs 
eligible for Emergency Relief funding. The damage assessment should 
document: (1) The specific location, type of facility or equipment, 
nature and extent of damage; (2) the most feasible and practical method 
of repair or replacement; and (3) the estimated repair or replacement 
cost.
(b) Local Financial Commitment
    Applicants must identify the sources of funding for the total 
project cost, including other Federal funding if applicable, and the 
local cost share, and describe whether such funds are currently 
available for the project or will need to be secured if the project is 
selected for funding. Applicants should submit evidence of the 
availability of funds for the project, by including, for example, a 
board resolution, letter of support from the State, a budget document 
highlighting the line item or section committing funds to the proposed 
project, or other documentation of the source of other non-Federal 
funds.
    Applicants must provide supporting documentation showing any other 
sources of funding available to address the damage resulting from a 
disaster, including, but not limited to, insurance policies and grant 
agreements with FEMA. FTA will not fund activities already included in 
an obligated grant with FEMA. Any applicant to FTA's Emergency Relief 
Program that has also applied to FEMA for emergency funding must 
document the scope of any agreements with FEMA, including amounts 
obligated and drawn down, the dates for which FEMA agreed to fund any 
operating costs, and a list of any capital projects included in the 
FEMA application or equivalent document.
    Applicants requesting assistance for expenses related to Hurricanes 
Harvey, Irma, or Maria must identify if the applicant has previously 
received an allocation of FTA Public Transportation Emergency Relief 
Funds in Response to Hurricanes Harvey, Irma, and Maria and identify 
the expenses the previous allocations are reimbursing.
(c) Project Implementation Strategy
    Projects will be reviewed based on the extent to which the project 
is ready to implement within a reasonable period of time and whether 
the applicant's proposed implementation plans are reasonable and 
complete.
    In assessing whether the project is ready to implement within a 
reasonable period of time, FTA will consider whether the project 
qualifies for a categorical exclusion (CE), or whether the required 
environmental work has been initiated or completed for projects that 
require an environmental assessment or environmental impact statement 
under the National Environmental Policy Act of 1969 (NEPA). As such, 
applicants should submit information describing the project's completed 
or anticipated path and timeline through the environmental review 
process. If the applicant anticipates the project will qualify for a 
CE, the applicant must say so explicitly in the application. Emergency 
Relief projects may qualify for a CE as described in (F)(2)(d) of this 
Notice. A full list of FTA's CEs can be found at 23 CFR 771.118. The 
proposal must also state whether grant funds can be obligated within 12 
months from time of award, if selected.
    In assessing whether the proposed implementation plans are 
reasonable and complete, FTA will review the proposed project 
implementation plan, including all necessary project milestones and the 
overall project timeline. For projects that will require formal 
coordination, approvals, or permits from other agencies or project 
partners, the applicant must demonstrate coordination with these 
organizations and their support for the project, such as through 
letters of support.
(d) Technical, Legal, and Financial Capacity:
    Applicants must demonstrate that they have the technical, legal, 
and financial capacity to undertake the project. FTA will review 
relevant oversight assessments and records to determine whether there 
are any outstanding legal, technical, or financial issues with the 
applicant that would affect the outcome of the proposed project. 
Additional information on the compliance requirements for these grants 
appears later in this notice.
    Applicants with outstanding legal, technical, or financial 
compliance issues from an FTA compliance review or FTA grant-related 
Single Audit finding must explain how corrective actions taken will 
mitigate negative impacts on the project.

2. Review and Selection Process

    The FTA Administrator will determine the final allocation of 
funding for each applicant after reviewing the information provided via 
this notice and validating damage assessments and cost estimates. FTA 
reserves the right to request additional information prior to

[[Page 18214]]

making a determination as to Emergency Relief funding eligibility of 
any particular project. In the event the appropriated funding is not 
sufficient to fund all eligible projects, in determining the allocation 
of program funds, FTA may consider geographic diversity, diversity in 
the size of the transit systems receiving funding, and whether an 
applicant is from a small urban or rural area or is a tribal 
government. FTA may also consider capping the amount a single applicant 
may receive.

3. Integrity and Performance Review

    Prior to making an award with a total amount of Federal share 
greater than the simplified acquisition threshold (currently $250,000), 
FTA is required to review and consider any information about the 
applicant that is in the Federal Awardee Performance and Integrity 
Information Systems (FAPIIS) accessible through SAM.GOV. An applicant 
may review and comment on information about itself that a Federal 
awarding agency previously entered. FTA will consider any comments by 
the applicant, in addition to the other information in FAPIIS, in 
making a judgment about the applicant's integrity, business ethics, and 
record of performance under Federal awards when completing the review 
of risk posed by applicants as described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    Final project selections will be posted on the FTA website. Only 
proposals from eligible recipients for eligible activities will be 
considered for funding. There is no minimum or maximum grant award 
amount.

2. Administrative and National Policy Requirements

(a) Pre-Award Authority
    Pre-award authority allows recipients to incur certain project 
costs before grant approval and retain the eligibility of those costs 
for subsequent reimbursement after grant approval. Pre-award authority 
as it relates to the Emergency Relief Program is described in the 
Emergency Relief Program final rule (49 CFR 602.11). In considering the 
use of pre-award authority, recipients should be aware of the 
following:
    i. Pre-award authority is not a legal or implied commitment that 
the subject project will be approved for FTA assistance or that FTA 
will obligate Federal funds. Furthermore, it is not a legal or implied 
commitment that all activities undertaken by the applicant will be 
eligible for inclusion in the project.
    ii. Except as waived pursuant to the waiver process described in 
this notice, all FTA statutory, procedural, and contractual 
requirements must be met.
    iii. The recipient must take no action that prejudices the legal 
and administrative findings that FTA must make in order to approve a 
project, such as purchasing property prior to the completion of NEPA.
    iv. The Federal amount of any future FTA assistance awarded to the 
recipient for the project will be determined on the basis of the 
overall scope of activities and the prevailing statutory provisions 
with respect to the Federal/non-Federal match ratio at the time the 
funds are obligated.
    v. When FTA subsequently awards a grant for the project, the 
Federal Financial Report in TrAMS indicates the use of pre-award 
authority.
    FTA grants pre-award authority to affected recipients for response, 
recovery, and rebuilding expenses incurred as a result of eligible 
major declared disasters as described in this Notice. Pre-award 
authority applies to expenses incurred in preparation for such 
disasters when forecasts specific to the disasters were available. 
Expenses incurred for general disaster preparedness are not eligible.
    If a recipient intends to use pre-award authority for recovery and 
rebuilding expenses, FTA recommends the recipient work with the 
appropriate FTA regional office to verify that all of the proposed 
costs are eligible under the Emergency Relief Program in advance of 
incurring any costs to the extent practicable. FTA regional office 
contact information can be found at https://www.transit.dot.gov/about/regional-offices/regional-offices.
(b) Waiver of Remaining Useful Life Requirement
    FTA is implementing a blanket waiver to relieve FTA recipients from 
its useful life requirement with respect to assets that were destroyed 
as a result of an eligible major declared disaster as described in this 
Notice and taken out of service before the end of their useful life. 
Such assets are presumed to have no remaining useful life. As a result 
of this waiver, recipients may apply for funds to replace assets 
without regard to the Federal interest remaining in the destroyed 
asset.
    Although FTA has determined that federally-funded assets destroyed 
by major declared disasters have no remaining useful life, recipients 
may have a financial obligation to FTA for assets that have a fair 
market value (FMV) in excess of $5,000 at the time of disposition. For 
disposition requirements, please see FTA Circular 5010.1E, ``Award 
Management Requirements,'' chapter IV, subsection 4 and associated 
Frequently Asked Questions at https://www.transit.dot.gov/funding/grants/bipartisan-infrastructure-law-disposition-requirements-frequently-asked-questions.
(c) Treatment of Insurance Proceeds
    As described in the Emergency Relief Program Manual, and consistent 
with the Emergency Relief Program final rule (49 CFR 602) and FTA 
Circular 5010.1E: Award Management Requirements, if a recipient 
receives or allocates insurance proceeds to a cost for which FTA either 
allocated or obligated Emergency Relief Program funds, the recipient 
will be required to amend the grant to reflect a reduced Federal 
amount, and will be required to reimburse FTA for any FTA payments 
(drawdown of funds) in excess of the new Federal amount. FTA will 
deobligate any excess or unliquidated funds from the grant. FTA may 
subsequently reallocate these funds through the Emergency Relief 
Program for other eligible projects.
    In the event a recipient receives insurance proceeds for an asset 
and decides not to replace that asset, the waiver of useful life 
described in this Notice does not apply, and the recipient must 
reimburse FTA the remaining Federal interest in that asset in 
accordance with FTA Circular 5010.1E.
(d) Emergency Relief From FTA Regulatory Requirements
    Recipients may request waivers of FTA administrative requirements 
by submitting a request to https://www.regulations.gov, FTA docket 
number FTA-2023-0001, as described in the Emergency Relief Program 
final rule (49 CFR 602.15), however, recipients should not proceed with 
a project with the expectation that waivers will be provided. FTA 
recommends recipients discuss waiver requests with their FTA regional 
offices prior to submission to the docket. Buy America waivers are not 
processed through the emergency relief docket; the process for Buy 
America waivers can be found in 49 CFR 661.9. Certain FTA regulatory 
requirements are waived during and after major declared disasters:
    i. Charter: Transit agencies may take actions, such as providing 
service for evacuations, returning evacuees from shelters to their 
homes, transporting utility workers, and providing service to shelter 
residents, as long as these

[[Page 18215]]

actions are directly related to a declaration of emergency by the 
President, governor, or mayor, without triggering the Charter Service 
rule (49 CFR 604). Transit agencies may provide such services for up to 
45 days from the declaration of emergency.
    ii. NEPA: FTA has determined that certain activities related to 
repairing transportation facilities damaged by an incident resulting in 
a Presidential disaster or emergency declaration are eligible for a CE 
(23 CFR 771.118(c)(11)). These actions include: Emergency repairs 
performed under FTA's Emergency Relief Program (49 U.S.C. 5324) or the 
repair, reconstruction, restoration, retrofitting, or replacement of 
any road, highway, bridge, tunnel, or transit facility (such as a ferry 
dock or bus transfer station), including ancillary transportation 
facilities (such as pedestrian/bicycle paths and bike lanes), that is 
in operation or under construction when damaged and the action: (1) 
occurs within the existing right-of-way and in a manner that 
substantially conforms to the preexisting design, function, and 
location as the original (which may include upgrades to meet existing 
codes and standards as well as upgrades warranted to address conditions 
that have changed since the original construction), and (2) begins 
within a 2-year period beginning on the date of the declaration. 
Recipients should capitalize on the opportunity created by emergency 
events to incorporate resiliency principles in restoration activities 
under this program. Incorporation of resiliency principles would help 
conserve Federal resources by avoiding repetitive damage to these 
facilities as a result of similar disasters and to avoid significant 
damage from other potential hazards.
    iii. Procurement: Generally, procurement of goods and services by 
transit agencies must be completed via a competitive procurement. 
However, Federal regulations (2 CFR 200.320) permit noncompetitive 
contracting when the public exigency or emergency for the requirement 
will not permit a delay resulting from competitive solicitation. If a 
recipient will conduct a noncompetitive procurement under an FTA award, 
it must document its justification in writing at the time of the 
procurement.
(e) Grant Requirements
    Once FTA allocates Emergency Relief funds to a recipient, the 
recipient will be required to submit a grant application electronically 
via FTA's TrAMS system.
    FTA will assign distinct project identification numbers for 
recovery/rebuilding projects.
    Recipients are required to maintain records, including but not 
limited to all invoices, contracts, time sheets, and other evidence of 
expenses to assist FTA in validating the eligibility and completeness 
of a recipient's reimbursement requests under the Improper Payment 
Information Act.
    In the application, the eligible recipient should provide the 
information outlined in the Emergency Relief final rule (49 CFR 
602.17). For grant applications for reimbursement for emergency 
operations costs, applicants should include summary information as 
described in the final rule (dates, hours, number of vehicles, and 
total fare revenues, if any, received for the emergency service), as 
well as cost and a description of services in sufficient detail for FTA 
to identify the costs as reasonable and eligible under the Emergency 
Relief Program. Backup or supporting documentation may be requested 
upon FTA's review of the application or at a later date. Any costs 
determined to be ineligible after disbursement of funds must be 
refunded to FTA.
    All recipients are subject to the grant requirements of the Public 
Transportation Emergency Relief program (49 U.S.C. 5324), FTA's Master 
Agreement for financial assistance awards, and the annual 
Certifications and Assurances required of applicants. This includes 
section 21 of the Master Agreement, which provides the recipient ``will 
comply with the insurance requirements normally imposed by its state 
and local laws, regulations, and ordinances,'' and for those recipients 
with structures in a floodplain, ``the Recipient agrees and assures 
that its Third Party Participants will agree to comply with flood 
insurance laws and guidance.'' Before receiving a grant under FTA's 
Public Transportation Emergency Relief Program, recipients must submit 
documentation demonstrating proof of any insurance required under 
Federal law for all structures related to the grant application and 
certify they have insurance for those structures as required by State 
law as well. Insurance required under certain circumstances under 
Federal law includes, but may not be limited to, flood insurance and 
insurance for facilities previously repaired, restored, or 
rehabilitated with assistance received under the Stafford Act (see 
section 311 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act).
    All recipients must also follow the Award Management Requirements 
(FTA Circular 5010.1E) and the labor protections required by Federal 
public transportation law (49 U.S.C. 5333(b)). All of these documents 
are available on FTA's website. Technical assistance regarding these 
requirements is available from each FTA regional office.
(f) Buy America and Domestic Preference for Infrastructure Projects
    As expressed in Executive Order 14005, `Ensuring the Future Is Made 
in All of America by All of America's Workers' (86 FR 7475), the 
Executive Branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Therefore, all capital procurements must comply with 
FTA's Buy America requirements (49 U.S.C. 5323(j)), which require that 
all iron, steel, and manufactured products be produced in the United 
States. In addition, any award must comply with the Build America, Buy 
America Act (BABA) (Pub. L. 117-58, sections 70901-27). BABA provides 
that none of the funds provided under an award made pursuant to this 
notice may be used for a project unless all iron, steel, manufactured 
products, and construction materials are produced in the United States. 
FTA's Buy America requirements are consistent with BABA requirements 
for iron, steel, and manufactured products.
    Any proposal that will require a waiver of any domestic preference 
standard must identify the items for which a waiver will be sought in 
the application. Applicants should not proceed with the expectation 
that waivers will be granted.
(g) Civil Rights Requirements
    As a condition of a grant award, grant recipients must demonstrate 
that the recipient has a plan for compliance with civil rights 
obligations and nondiscrimination laws, including title VI of the Civil 
Rights Act of 1964 and implementing regulations (49 CFR 21), the 
Americans with Disabilities Act of 1990 (ADA) and implementing 
regulations (49 CFR 37, 38 and 39), and section 504 of the 
Rehabilitation Act and implementing regulations (49 CFR 27), all other 
civil rights requirements, and accompanying regulations. This should 
include a current title VI plan, completed Community Participation Plan 
(alternatively called a Public Participation Plan and often part of the 
overall title VI program plan), if applicable. DOT's and the applicable 
Operating Administrations' Office of Civil Rights may work with awarded

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grant recipients to ensure full compliance with Federal civil rights 
requirements.
(h) Disadvantaged Business Enterprise
    Recipients of planning, capital, or operating assistance that will 
award prime contracts (excluding transit vehicle purchases), the 
cumulative total of which exceeds $250,000 in FTA funds in a Federal 
fiscal year, must comply with the Disadvantaged Business Enterprise 
(DBE) program regulations (49 CFR 26).
    To be eligible to bid on any FTA-assisted vehicle procurement, 
entities that manufacture transit vehicles or perform post-production 
alterations or retrofitting must be certified Transit Vehicle 
Manufacturers (TVM). If a vehicle remanufacturer is responding to a 
solicitation for new or remanufactured vehicles with a vehicle to which 
the remanufacturer has provided post-production alterations or 
retrofitting (e.g., replacing major components such as engine to 
provide a ``like new'' vehicle), the vehicle remanufacturer must be a 
certified TVM.
    The TVM rule requires that, prior to bidding on any FTA-assisted 
vehicle procurement, manufacturers of transit vehicles submit a DBE 
Program plan and annual goal methodology to FTA. FTA then will issue a 
TVM concurrence and certification letter. Grant recipients must verify 
each manufacturer's TVM status before accepting its bid. A list of 
eligible TVMs is posted on FTA's website at https://www.transit.dot.gov/TVM. Recipients should contact FTA before accepting 
a bid from a manufacturer not on this list. In lieu of using a 
certified TVM, a recipient may establish project-specific DBE goals for 
its vehicle procurement. FTA will provide additional guidance as grants 
are awarded. For more information on DBE requirements, please contact 
Monica McCallum, FTA Office of Civil Rights, 206-220-7519, 
[email protected].
(i) Planning
    In accordance with the planning regulation (23 CFR 450), emergency 
relief projects that do not involve substantial functional, locational, 
or capacity changes are not required to be in the Transportation 
Improvement Program (TIP) or Statewide Transportation Improvement 
Program (STIP).
(j) Standard Assurances
    The applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, directives, FTA 
circulars, and other Federal administrative requirements in carrying 
out any project supported by the FTA grant. The applicant acknowledges 
that it is under a continuing obligation to comply with the terms and 
conditions of the grant agreement issued for its project with FTA. The 
applicant understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and may 
affect the implementation of the project. The applicant agrees that the 
most recent Federal requirements will apply to the project unless FTA 
issues a written determination otherwise. The applicant must submit the 
Certifications and Assurances before receiving a grant if it does not 
have current certifications on file.

3. Reporting

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

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Public Transportation Emergency Relief Program manager, Thomas Wilson, 
by phone at (202) 366-5279, or by email at [email protected]. A TDD 
is available for individuals who are deaf or hard of hearing at 800-
877-8339. To ensure receipt of accurate information about eligibility 
or the program, the applicant is encouraged to contact FTA directly, 
rather than through intermediaries or third parties. For issues with 
GRANTS.GOV, please contact GRANTS.GOV by phone at 1-800-518-4726 or by 
email at [email protected]. Contact information for FTA's regional 
offices can be found on FTA's website at https://www.transit.dot.gov/about/regional-offices/regional-offices.

H. Other Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' FTA will consider 
applications for funding only from eligible recipients for eligible 
projects listed in section C. All information submitted as part of or 
in support of any application shall use publicly available data or data 
that can be made public and methodologies that are accepted by industry 
practice and standards, to the extent possible. If an applicant submits 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant must 
provide that information in a separate document, which the applicant 
may reference from the application narrative or other portions of the 
application. For the separate document containing confidential 
information, the applicant must do the following: (1) state on the 
cover of that document that it ``Contains Confidential Business 
Information (CBI);'' (2) mark each page that contains confidential 
information with ``CBI;'' (3) highlight or otherwise denote the 
confidential content on each page; and (4) at the end of the document, 
explain how disclosure of the confidential information would cause 
substantial competitive harm. FTA will protect confidential information 
complying with these requirements to the extent required under 
applicable law. If FTA receives a Freedom of Information Act (FOIA) 
request for the information that the applicant has marked in accordance 
with this section, FTA will follow the procedures described in DOT's 
FOIA regulations at 49 CFR 7.29. Only information that is in the 
separate

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document, marked in accordance with this section, and ultimately 
determined to be confidential will be exempt from disclosure under 
FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-06250 Filed 3-24-23; 8:45 am]
BILLING CODE 4910-57-P