[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27486-27497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07845]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2024 Competitive Funding Opportunity: Passenger Ferry Grant 
Program, Electric or Low-Emitting Ferry Pilot Program, and Ferry 
Service for Rural Communities Program

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

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for $316 million in competitive grants under the 
Fiscal Year (FY) 2024 Passenger Ferry Grant Program (Passenger Ferry 
Program), Electric or Low-Emitting Ferry Pilot Program (Low-No Ferry 
Program), and Ferry Service for Rural Communities Program (Rural Ferry 
Program). Of the amount being made available, $51 million is for the 
Passenger Ferry Program, $49 million for the Low-No Ferry Program, and 
$216 million is for the Rural Ferry Program. FTA may award additional 
funding made available to the program prior to the announcement of 
project selections.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. eastern time June 17, 2024. 
Prospective applicants should initiate the process by promptly 
registering on the GRANTS.GOV website to ensure completion of the 
application process before the submission deadline.

ADDRESSES: Instructions for applying can be found on FTA's website at 
https://www.transit.dot.gov/howtoapply and in the ``FIND'' module of 
GRANTS.GOV. The funding opportunity ID for the Passenger Ferry Program 
is FTA-2024-007-TPM-PassFerry, the funding opportunity ID for the Low-
No Ferry Program is FTA-2024-008-TPM-FERRYPILOT, and the funding 
opportunity ID for the Rural Ferry Program is FTA-2024-009-TPM-
RuralFerry. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: [email protected] or Vanessa 
Williams, FTA Office of Program Management, (202) 366-4818, or Sarah 
Clements, FTA Office of Program Management, (202) 366-3062.

SUPPLEMENTARY INFORMATION:

   Summary Overview of Key Information--Passenger Ferry Grant Program
 (Passenger Ferry Program), Electric or Low-Emitting Ferry Pilot Program
 (Low-No Ferry Program), and Ferry Service for Rural Communities Program
                          (Rural Ferry Program)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Issuing Agency....................  Federal Transit Administration, U.S.
                                     Department of Transportation.
Program Overview..................  The Passenger Ferry Program provides
                                     funding to improve the condition
                                     and quality of existing passenger
                                     ferry services, support the
                                     establishment of new passenger
                                     ferry services, and repair and
                                     modernize ferry boats, terminals,
                                     and related facilities and
                                     equipment.
                                    The Low-No Ferry Program provides
                                     funding for projects that support
                                     the purchase of electric or low-
                                     emitting ferries and the
                                     electrification of or other
                                     reduction of emissions from
                                     existing ferries.
                                    The Rural Ferry Program provides
                                     funding for capital, operating, and
                                     planning expenses for ferry service
                                     to rural areas.
Eligible Applicants...............  Passenger Ferry Program: designated
                                     and direct recipients of section
                                     5307 funding and public entities
                                     engaged in providing public
                                     transportation passenger ferry
                                     service in urban areas that are
                                     eligible to be direct recipients.
                                    Low-No Ferry Program: any eligible
                                     recipient of section 5307 or
                                     section 5311 funding.
                                    Rural Ferry Program: States and U.S.
                                     territories in which eligible
                                     service is operated.
Eligible Project Types............  Passenger Ferry Program: Capital
                                     projects for the purchase,
                                     construction, replacement, or
                                     rehabilitation of ferries,
                                     terminals, related infrastructure
                                     and related equipment (including
                                     electric or low-emitting ferry
                                     vessels and related
                                     infrastructure).
                                    Low-No Ferry Program: Capital
                                     projects for the purchase of
                                     electric or low-emitting ferry
                                     vessels and related infrastructure.
                                    Rural Ferry Program: Capital,
                                     operating or planning projects for
                                     rural ferry service.
Funding...........................  Passenger Ferry Program: $51
                                     million.
                                    Low-No Ferry Program: $49 million.
                                    Rural Ferry Program: $216 million.
                                    Total: $316 million.
Deadline..........................  Applications due by 11:59 p.m.
                                     eastern time June 17, 2024.

[[Page 27487]]

 
Cost share........................  The maximum Federal share for
                                     capital projects selected under
                                     each program generally is 80
                                     percent of the net project cost,
                                     with the exceptions described in
                                     the NOFO.
                                    The maximum Federal share for
                                     planning projects selected under
                                     the Rural Ferry Program is 80
                                     percent. There is no maximum
                                     Federal share for operating
                                     projects selected under the Rural
                                     Ferry Program; however, a
                                     maintenance of effort requirement
                                     is described in the NOFO.
------------------------------------------------------------------------

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

    This is a joint Notice of Funding Opportunity (NOFO) and announces 
the availability of FY 2024 funding for the Passenger Ferry Grant 
Program (Passenger Ferry Program), Electric or Low-Emitting Ferry Pilot 
Program (Low-No Ferry Program), and Ferry Service for Rural Communities 
Program (Rural Ferry Program). All programs can be found under Federal 
Assistance Listing: 20.532.
    Federal public transportation law (49 U.S.C. 5307(h)) authorizes 
FTA to award grants for passenger ferries through a competitive 
process. The Passenger Ferry Program provides funding to designated 
recipients and direct recipients under FTA's Urbanized Area Formula 
Program, as well as public entities engaged in providing public 
transportation passenger ferry service in urban areas that are eligible 
to be direct recipients. Projects funded under the program will improve 
the condition and quality of existing passenger ferry services, support 
the establishment of new passenger ferry services, and repair and 
modernize ferry boats, terminals, and related facilities and equipment.
    Section 71102 of the Infrastructure Investment and Jobs Act (also 
called the ``Bipartisan Infrastructure Law'' or ``BIL'') (Pub. L. 117-
58) authorizes FTA to award grants for electric or low-emitting ferries 
through a competitive process, as described in this notice. The Low-No 
Ferry Program is available to any eligible designated or direct 
recipient of FTA's Urbanized Area Formula Program or Formula Grants for 
Rural Areas funding, including States (including territories and 
Washington, DC), local governmental authorities, and tribal 
governments. Grants will be awarded under this program for the purchase 
of electric or low-emitting ferries, the electrification of or other 
reduction of emissions from existing ferries, and related charging or 
other fueling infrastructure (for which the applicants will maintain 
satisfactory continuing control) to reduce emissions or produce zero 
onboard emissions under normal operation.
    Section 71103 of the BIL authorizes FTA to award grants for the 
Rural Ferry Program through a competitive process, as described in this 
notice. The Rural Ferry Program provides funding for capital, 
operating, and planning expenses to States and territories for ferry 
service to rural areas. Applicants to this program are required to have 
operated ferry public transportation service on a regular schedule at 
any time during the five-year period from March 1, 2015, to March 1, 
2020, and operated at least one route segment of more than 50 sailing 
(nautical) miles between two rural areas.
    The Department seeks to fund projects that advance the Departmental 
priorities of safety, equity, climate and sustainability, workforce 
development, job quality, and wealth creation as described in the USDOT 
Strategic Plan, Research, Development and Technology Strategic Plan, 
and in executive orders.\1\
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    \1\ Executive Order 14008, Tackling the Climate Crisis at Home 
and Abroad (86 FR 7619). Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government (86 FR 7009). Executive Order 14025, Worker Organizing 
and Empowerment (86 FR 22829), and Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64335).
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B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5307(h)) authorizes 
$30 million in FY 2024 contract authority for competitive grants under 
the Passenger Ferry Program. FTA may award additional funding made 
available to the program prior to the announcement of project 
selections. The Consolidated Appropriations Act, 2024 (Pub. L. 118-42) 
made an additional $20 million available, of which at least $5 million 
must be for low or zero emission ferries and related infrastructure. 
The Further Consolidated Appropriations Act, 2024 (Pub. L. 118-47) made 
an additional $1 million available. In FY 2023, FTA received 22 
eligible applications from nine States requesting $208 million in 
Federal Passenger Ferry Program funds. Seven projects were funded at a 
total of $50.1 million.
    Division J of the BIL provides an advance appropriation of $50 
million in FY 2024 funds for competitive grants under the Low-No Ferry 
Program. Of that amount, $995,000 is for FTA oversight, $5,000 is 
transferred to the DOT Office of Inspector General (OIG), and $49 
million is available for award. There was no NOFO for the Low-No Ferry 
Program in FY 2023 as all FY 2023 funds were allocated in response to 
the FY 2022 NOFO.
    Division J of the BIL provides an advance appropriation of $200 
million in FY 2024 funds for the Rural Ferry Program. Of that amount, 
$3,980,000 is for FTA oversight, and $20,000 is transferred to the DOT 
Office of Inspector General, leaving $196 million available for award. 
The Consolidated Appropriations Act, 2024 made an additional $20 
million available for eligible entities that operate ferry service with 
a single segment of over 15 miles between two rural areas and meet all 
other program requirements. In FY 2023, FTA received six eligible 
applications from four States and the territory of American Samoa 
requesting $210 million in Federal Rural Ferry Program funds. All six 
projects were funded at a total of $170 million.
    FTA will grant pre-award authority to incur eligible costs for 
selected projects beginning on the date the FY 2024 project selections 
are announced on FTA's website. A project selected under the Rural 
Ferry Program that is a continuation of a project that was selected 
through the FY 2022 or FY 2023 NOFOs will be granted pre-award 
authority from the time of the previous project selection announcement, 
otherwise funds are available only for projects that have not already 
incurred costs prior to the announcement of project selections. Funds 
are available for obligation for five years after the fiscal year in 
which the project selections are announced.

[[Page 27488]]

C. Eligibility Information

1. Eligible Applicants

------------------------------------------------------------------------
              Program                        Eligible applicants
------------------------------------------------------------------------
Passenger Ferry Program...........   Designated Recipients of
                                     Section 5307 Funding.
                                     Direct Recipients of
                                     Section 5307 Funding.
                                     Public Entities engaged in
                                     providing public transportation
                                     passenger ferry service in urban
                                     areas that are eligible to be a
                                     Direct Recipient.
Low-No Ferry Program..............   Designated Recipients of
                                     Section 5307 Funding.
                                     Direct Recipients of
                                     Section 5307 Funding.
                                     Public Entities engaged in
                                     providing public transportation
                                     passenger ferry service in urban
                                     areas that are eligible to be a
                                     Direct Recipient.
                                     States and territories.
                                     Tribal governments.
Rural Ferry Program...............   States and territories.
------------------------------------------------------------------------

    Eligible applicants for the Passenger Ferry Program are: (1) 
designated recipients as defined in FTA Circular ``Urbanized Area 
Formula Program: Program Guidance and Application Instructions'' (FTA 
C.9030.1E), (2) direct recipients of FTA's Urbanized Area Formula 
Grants, and (3) public entities engaged in providing public 
transportation passenger ferry service in urban areas that are eligible 
to be direct recipients.
    Eligible applicants for the Low-No Ferry Program are any eligible 
recipient of section 5307 or section 5311 funding. Eligible section 
5307 recipients are the same as for the Passenger Ferry Program: (1) 
designated recipients as defined in FTA Circular ``Urbanized Area 
Formula Program: Program Guidance and Application Instructions'' 
(FTA.C.9030.1E) and (2) direct recipients of FTA's Urbanized Area 
Formula Grants, as well as public entities engaged in providing public 
transportation passenger ferry service in urban areas that are eligible 
to be direct recipients. Eligible section 5311 recipients are States or 
territories or tribal governments. In addition, as required by statute, 
before the conclusion of the grant competition that utilizes FY 2026 
funds, FTA must select: (1) at least one project from a ferry service 
that serves the State with the largest number of Marine Highway System 
miles, and (2) at least one project for a bi-State ferry service with 
an aging fleet and whose development of zero- and low-emission power 
source ferries will propose to advance the state of the technology 
toward increasing the range and capacity of zero-emission power source 
ferries. If an applicant's ferry service operates in the State with the 
largest number of Marine Highway System miles or is a bi-State ferry 
service (a ferry service that serves two states) with an aging fleet 
and whose development of zero- and low-emission power source ferries 
will propose to advance the state of the technology toward increasing 
the range and capacity of zero-emission power source ferries, the 
applicant must identify themselves as such and submit documentation 
demonstrating those operating characteristics.
    Eligible applicants for the Rural Ferry Program are States and 
territories in which eligible service is operated. For the $196 million 
made available under Division J of the BIL, eligible service includes 
passenger ferry service that operated a regular schedule at any time 
between March 1, 2015, and March 1, 2020, and operated at least one 
segment between two rural areas located more than 50 sailing (nautical) 
miles apart. FTA defines a regular schedule as a published schedule for 
either seasonal or year-round ferry service. Applicants must not have 
attributed data to an urbanized area in their most recent report to the 
National Transit Database for their ferry services. Eligible applicants 
for the $20 million in Rural Ferry Funds made available under the 
Consolidated Appropriations Act, 2024 are the same as above but must 
operate at least one segment between two rural areas of more than 15 
miles. Applicants must document their eligibility for the Rural Ferry 
Program by providing the following:
    A. Documentation such as dated and published sailing schedules to 
demonstrate the operation of regular scheduled service at any time 
during the five-year period ending March 1, 2020.
    B. Documentation such as route maps to demonstrate provision of 
service for at least one direct segment between two rural areas that 
meet the distance requirements described above, during the five-year 
period ending March 1, 2020.
    FTA will confirm the segment length based upon data reported to the 
National Census of Ferry Operators maintained by the Bureau of 
Transportation Statistics.
    An eligible applicant that does not currently have an active grant 
with FTA will, upon selection, be required to work with an FTA regional 
office to establish its organization as an active grant recipient. This 
process may require additional documentation to support the 
organization's technical, financial, and legal capacity to receive and 
administer Federal funds under this program.

2. Cost Sharing or Matching

    a. The maximum Federal share for capital projects selected under 
each program is 80 percent of the net project cost, with the exceptions 
described in paragraphs b and c below, per 49 U.S.C. 5323. The maximum 
Federal share for planning projects selected under the Rural Ferry 
Program is 80 percent. There is no maximum Federal share for operating 
projects selected under the Rural Ferry Program in FY 2024; however, 
similar to FY 2023, FTA will require the State or locality to provide, 
at a minimum, 75 percent of the three-year average prior to the 
pandemic (2017, 2018, and 2019) on an annual basis to support ferry 
service for the period supported by the grant. For example, if a State 
or locality normally provided $1 million in operating assistance 
annually, an applicant should include at least $750,000 in State or 
local operating assistance.
    b. The maximum Federal share is 85 percent of the net project cost 
of acquiring vehicles (including clean-fuel or alternative fuel 
vehicles) for purposes of complying with or maintaining compliance with 
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of 
1990.
    c. The maximum Federal share is 90 percent of the net project cost 
of acquiring, installing, or constructing vehicle-related equipment or 
facilities (including clean fuel or alternative-fuel vehicle-related 
equipment or facilities) for purposes of complying with or

[[Page 27489]]

maintaining compliance with the ADA or CAA. The award recipient must 
itemize the cost of specific, discrete, vehicle-related equipment 
associated with compliance with the ADA or CAA to be eligible for the 
maximum 90 percent Federal share for these costs.
    Eligible sources of non-Federal matching funds include:
    a. Cash from non-governmental sources other than revenues from 
providing the ferry services (such as fare revenues, vehicle, or cargo 
charges, etc.);
    b. Non-farebox revenues from the operation of public transportation 
service, such as the sale of advertising and concession revenues;
    c. Monies received under a service agreement with a State or local 
social service agency or private social service organization;
    d. Undistributed cash surpluses, replacement or depreciation cash 
funds, reserves available in cash, or new capital;
    e. Amounts appropriated or otherwise made available to a department 
or agency of the Government (other than the USDOT), that are eligible 
to be used to satisfy non-Federal matching requirements and expended 
for public transportation;
    f. In-kind contributions integral to the project;
    g. Revenue bond proceeds for a capital project, with prior FTA 
approval; and
    h. Transportation Development Credits (formerly referred to as Toll 
Revenue Credits).
    If an applicant proposes a Federal share greater than 80 percent, 
the applicant must clearly explain why the project is eligible for the 
proposed Federal share.

3. Eligible Projects

------------------------------------------------------------------------
              Program                         Eligible projects
------------------------------------------------------------------------
Passenger Ferry Program...........   Capital Projects--purchase,
                                     construction, replacement, or
                                     rehabilitation of ferries,
                                     terminals, related infrastructure
                                     and related equipment (including
                                     electric or low-emitting ferry
                                     vessels and related
                                     infrastructure).
Low-No Ferry Program..............   Capital Projects--purchase
                                     of electric or low-emitting ferry
                                     vessels and related infrastructure.
Rural Ferry Program...............   Capital Projects--purchase,
                                     construction, replacement, or
                                     rehabilitation of ferries,
                                     terminals, related infrastructure
                                     and related equipment (including
                                     electric or low-emitting ferry
                                     vessels and related
                                     infrastructure).
                                     Planning Projects--for
                                     rural ferry service only.
                                     Operating Projects--for
                                     rural ferry service only.
------------------------------------------------------------------------

3A. Passenger Ferry Program--Eligible Projects
    Under the Passenger Ferry Program, eligible projects are capital 
projects for the purchase, construction, replacement, or rehabilitation 
of ferries, terminals, related infrastructure, and related equipment 
(including fare equipment and communication devices). Projects are 
required to support a passenger ferry service that serves an urbanized 
area and may include services that operate between an urbanized area 
and rural areas. Ferry systems that accommodate cars must also 
accommodate walk-on passengers to be eligible for funding. Operating 
costs and planning projects are not eligible.
    Under the Passenger Ferry Program only, recipients are permitted to 
use up to 0.5 percent of their grant award to pay for not more than 80 
percent of the cost for workforce development activities eligible under 
Federal public transportation law (49 U.S.C 5314(b)) and an additional 
0.5 percent for costs associated with training at the National Transit 
Institute. Applicants must identify the proposed use of funds for these 
activities in the project proposal and identify them separately in the 
project budget. Supportive services, such as childcare and 
transportation assistance for participants, are an eligible use of 
program funds under 49 U.S.C. 5314(b). FTA has published clarifying 
frequently asked questions regarding supportive services on its website 
at https://www.transit.dot.gov/funding/grants/federal-transit-administration-faqs-supportive-services.
3B. Low-No Ferry Program--Eligible Projects
    Under the Low-No Ferry Program, eligible projects are capital 
projects for the purchase of electric or low-emitting ferry vessels 
that reduce emissions by using alternative fuels or on-board energy 
storage systems and related charging infrastructure or other fueling 
infrastructure to reduce emissions or produce zero onboard emissions 
under normal operation. Ferry systems that accommodate cars must also 
accommodate walk-on passengers to be eligible for funding. Operating 
costs and planning projects are not eligible.
    Alternative fuel means:
    (A) methanol, denatured ethanol, and other alcohols;
    (B) a mixture containing at least 85 percent of methanol, denatured 
ethanol, and other alcohols by volume with gasoline or other fuels;
    (C) natural gas;
    (D) liquefied petroleum gas;
    (E) hydrogen;
    (F) fuels (except alcohol) derived from biological materials; and
    (G) electricity (including electricity from solar energy).
3C. Rural Ferry Program--Eligible Projects
    Under the Rural Ferry Program, eligible projects are capital, 
operating, or planning assistance. However, systems that are only 
eligible for funding under the $20 million provided by the Consolidated 
Appropriations Act, 2024 may not apply for a planning or operating 
project limited to funding a segment between two rural areas less than 
15 miles apart. They may apply for planning or operating assistance if 
the project includes at least one segment longer than 15 miles apart. 
Eligible capital projects include the purchase, construction, 
replacement, or rehabilitation of ferries, terminals, related 
infrastructure, and related equipment (including fare equipment and 
communication devices). Only net operating expenses are eligible for 
assistance. Net operating expenses are those expenses that remain after 
the provider subtracts operating revenues from eligible operating 
expenses. States may further define what constitutes operating 
revenues, but, at a minimum, operating revenues must include farebox 
revenues and other fees generated directly by the ferry service such as 
vehicle fares, cargo fees, and cabin fees. Farebox revenues are fares 
paid by riders, including those who are later reimbursed by a human 
service agency or other user-side subsidy arrangement. For more 
information, please see FTA Circular 9040.1G at

[[Page 27490]]

https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application. Eligible 
projects are not required to be implemented on the same route segments 
that resulted in applicant eligibility (e.g., the project need not be 
implemented on a segment of more than 50 sailing (nautical) miles). 
Ferry systems that accommodate cars must also accommodate walk-on 
passengers to be eligible for funding.
    For all programs above, walk-on passengers are defined as 
passengers who board the vessel unaccompanied by any motor vehicle in 
which they may have arrived at the ferry terminal, and which remains 
behind after ferry departure.

D. Application and Submission Information

1. Address To Request Application Package

    Applications may be accessed at GRANTS.GOV and must be submitted 
electronically through GRANTS.GOV. General information for accessing 
and submitting applications through GRANTS.GOV can be found at https://www.fta.dot.gov/howtoapply 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 be downloaded from GRANTS.GOV or the FTA website 
at https://www.transit.dot.gov/grants/fta-ferry-programs.

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 FY 2024 Passenger 
Ferry Program, Low-No Ferry Program, and Rural Ferry Program 
supplemental form. An application eligible under the Low-No Ferry 
Program may also be eligible under either the Passenger Ferry Program 
or Rural Ferry Program. If an applicant is applying to multiple 
programs, they must submit the application materials through the 
GRANTS.GOV opportunity ID's listed for each program. If an applicant is 
submitting different proposals to different programs, the applicant 
must submit an application for each project to each program separately. 
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 evaluate the 
proposal against the selection 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 States and other applicants to consider submitting a 
single supplemental form that includes multiple activities as one 
project to be evaluated as a consolidated proposal. If a State or other 
applicant chooses to submit separate proposals for individual 
consideration by FTA, each proposal must be submitted using a separate 
SF-424 and supplemental form.
    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 programs, letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Supporting 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:
    a. Applicant name.
    b. Unique entity identifier (UEI) (generated by SAM.GOV).
    c. Key contact information (including contact name, address, email 
address, and phone).
    d. Congressional district(s) in which the project is located.
    e. Project information (including title, executive summary, and 
type).
    f. A detailed description of the need for the project.
    g. A detailed description of how the project will support the 
program objectives.
    h. Evidence that the project is consistent with local and regional 
planning objectives.
    i. Evidence that the applicant can provide the non-Federal cost 
share.
    j. A description of the technical, legal, and financial capacity of 
the applicant.
    k. A detailed project budget that shows how different funding 
sources, including Federal amount requested, local match (non-Federal), 
other Federal funds, and other funding sources will share in each 
activity. The budget should identify other Federal funds the applicant 
is applying for or has been awarded, if any, that the applicant intends 
to use.
    l. An explanation of the scalability of the project.
    m. Details on the non-Federal matching funds.
    n. For any application for operating assistance under the Rural 
Ferry program, the applicant should provide the amount of State or 
local funds provided for operating assistance for the three years of 
operation prior to the start of the pandemic, January 20, 2020. 
Applicants, at their discretion, may provide the three years of data 
ending on the last day of the applicant's fiscal year ending prior to 
January 20, 2020; end of the Federal fiscal year ending prior to 
January 20, 2020 (September 30, 2019); or ending January 20, 2020.
    o. A detailed project timeline.
    p. Address all the applicable criteria and priority considerations 
identified in section E.

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

[[Page 27491]]

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 June 17, 2024. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Mail and fax submissions will not be accepted.
    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.
    FTA urges applicants to submit applications at least 72 hours prior 
to the due date to allow time to receive the validation messages and to 
correct any problems that may have caused a rejection notification. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV website. Deadlines will not be extended due to scheduled 
website maintenance.
    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 as (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

    Funds made available under the Passenger Ferry Program and Low-No 
Ferry Program may not be used to fund operating expenses, planning, or 
preventive maintenance. Any project that does not include the purchase, 
construction, replacement, or rehabilitation of ferries, terminals, 
related infrastructure, or related equipment is not eligible. 
Applicants to the Rural Ferry Program may apply for capital, operating, 
or planning assistance, except as described above.
    Except for a continuation of projects funded under the FY 2022 or 
FY 2023 Rural Ferry Program, funds made available under this NOFO 
cannot be used to reimburse applicants for otherwise eligible expenses 
incurred prior to the posting of project selections on FTA's website 
and the corresponding issuance of pre-award authority. 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 part 200) and FTA Circular 
5010.1E (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e).
    As required by statute, an eligible ferry service that receives 
funds from a state under the Rural Ferry Program shall not be 
attributed to an urbanized area for purposes of apportioning funds 
under chapter 53 of title 49, U.S. Code. In addition, an eligible 
service that receives funds from a state under the Rural Ferry Program 
shall not receive funds apportioned under section 5336 or 5337 of title 
49, U.S. Code, in the same fiscal year.

6. Other Submission Requirements

    Applicants are encouraged to identify scaled funding options in 
case insufficient funding is available to fund a project at 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.
    The Department may share application information within the 
Department or with other Federal agencies if the Department determines 
that sharing is relevant to the respective program's objectives.

E. Application Review Information

1. Criteria

    Projects will be evaluated 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 evaluate 
project proposals based on the criteria described in this notice.
a. Demonstration of Need
    Applications for capital expenses to the Passenger Ferry Program, 
Low-No Ferry Program, or Rural Ferry Program will be evaluated based on 
the quality and extent to which they demonstrate how the proposed 
project will address an unmet need for capital investment in passenger 
ferry vehicles, equipment, or facilities. FTA will also evaluate the 
project's impact on service delivery and whether the project represents 
a one-time or periodic need that cannot reasonably be funded from FTA 
formula program allocations or State or local resources. In evaluating 
applications, FTA will consider, among other factors, certain project-
specific criteria as outlined below:
    i. For vessel replacement or rehabilitation projects (including low 
or zero-emission ferries or electric and low-emitting ferries)
     The age of the asset to be replaced or rehabilitated by 
the proposed project, relative to its useful life--those applicants 
that are already FTA grantees should reference the useful life 
benchmark for the vehicles to be replaced identified in their Transit 
Asset Management Plan and reported to the National Transit Database. 
Those applicants should also describe how replacing the vehicle will 
help them meet the state of good repair performance targets set in 
their Transit Asset Management (TAM) Plan.
     The condition of the asset to be replaced by the proposed 
project, as ascertained through inspections or otherwise, if available.

[[Page 27492]]

    ii. For facility infrastructure improvements or related-equipment 
acquisitions:
     The age of the facility or equipment to be rehabilitated 
or replaced, relative to its useful life--those applicants that are 
already FTA grantees should reference the condition of the facility as 
reported to the National Transit Database and how the project will help 
meet the state of good repair performance targets in the Transit Asset 
Management (TAM) Plan.
     The degree to which the proposed project will enable the 
agency to improve the maintenance and condition of the agency's fleet 
or related ferry assets.
    iii. For vessel or facility-related expansion or new service 
requests:
     The degree to which the proposed project addresses a 
current capacity constraint that is limiting the ability of the agency 
to provide reliable service, meet ridership demands, or maintain 
vessels and related equipment.
     The degree to which the proposed new service is supported 
by ridership demand.
    iv. For operating projects under the Rural Ferry Program:
     The degree to which the application addresses how 
additional operating resources will lead to more reliable or improved 
service, or meet additional service demands.
     The financial need demonstrated by the applicant, 
including actual or projected need to maintain or initiate ferry 
service and a description of how existing operating resources are 
insufficient to meet the need.
     For expansion operating projects, projected ridership on 
the new service and the methodology used by the applicant to determine 
the projection.
    v. For planning projects under the Rural Ferry Program:
     The degree to which the application addresses how planning 
resources will lead to more reliable or improved service, or meet 
additional service demands.
b. Demonstration of Benefits
    All applications will be evaluated based on how the ferry project 
will accomplish one or more of the following: (1) improve the state of 
good repair and/or safety of the overall ferry system, (2) sustain or 
provide additional transportation options that foster community 
development and access to economic opportunities, and/or (3) sustain or 
improve the quality of transit service to underserved communities.
    Additionally, all applications will be evaluated on their support 
for walk-on passengers. Walk-on passengers are defined as passengers 
who board the vessel unaccompanied by any motor vehicle in which they 
may have arrived at the ferry terminal, and which remains behind after 
ferry departure. The support for walk-on passengers will be evaluated 
as follows:
    For replacement or rehabilitation projects, benefits will be 
evaluated in part based on the percentage of riders that are walk-on 
compared to passengers using the service to transport automobiles.
    For expansion projects, benefits will be evaluated in part based on 
what convenient infrastructure is provided at the origin and 
destination of the service and at any intermediary stops that supports 
transit and intercity bus riders, pedestrians, or bicycles. Supporting 
documentation should include data that demonstrates the number of trips 
(passengers and vehicles), the number of walk-on passengers, and the 
frequency of transfers to other modes, if applicable.
    In addition to the above elements, projects for low- or zero-
emission ferries under any program or projects for operating assistance 
under the Rural Ferry program will be evaluated as follows:
    For low- or zero-emission ferries, applicants should demonstrate 
how the proposed ferries or infrastructure will reduce the emission of 
particulates and other pollutants that create local air pollution, 
which leads to local environmental health concerns, smog, and unhealthy 
ozone concentrations. Applicants should also demonstrate how the 
proposed ferries or infrastructure will reduce emissions of greenhouse 
gases from ferry operations. Projects that propose the use of zero-
emission ferries and related infrastructure for producing zero onboard 
emissions during normal operations will be more competitive.
    For operating projects under the Rural Ferry Program, applicants 
should address and document how the requested operating funds will be 
used to augment, and not replace, existing state or local operating 
funds.
c. Planning and Local/Regional Prioritization
    Applicants that are already FTA recipients and are seeking a 
capital grant should demonstrate that the project is included in the 
investment prioritization of their Transit Asset Management (TAM) Plan.
    Applicants must demonstrate how the proposed project is consistent 
with local and regional planning documents and identified priorities. 
This will involve assessing whether the project is consistent with the 
transit priorities identified in the long-range transportation plan and 
the State and Metropolitan Transportation Improvement Program (STIP/
TIP). Applicants should note if the project could not be included in 
the financially constrained STIP or TIP due to lack of funding, and if 
selected that the project can be added to the federally approved STIP 
before grant award.
    FTA encourages applicants to demonstrate state or local support by 
including letters of support from State departments of transportation, 
local transit agencies, local government officials and public agencies, 
local non-profit or private sector organizations, and other relevant 
stakeholders. Applications that include letters of support will be 
viewed more favorably than those that do not. For FTA to fully consider 
a letter of support, the letter must be included in the application 
package. In an area with both ferry and other public transit operators, 
FTA will evaluate whether project proposals demonstrate coordination 
with and support of other related projects within the applicant's 
Metropolitan Planning Organization (MPO) or the geographic region 
within which the proposed project will operate.
d. Local Financial Commitment
    Applicants must identify the source of 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. FTA 
will consider the availability of the local cost share as evidence of 
local financial commitment to the project. Additional consideration 
will be given to those projects for which local funds have already been 
made available or reserved. 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 non-Federal funds.
    An applicant may provide documentation of previous and recent local 
investments in the project, which cannot be used to satisfy non-Federal 
matching requirements, as evidence of local financial commitment.
    Applicants that request a Federal share for a capital project 
greater than 80 percent must clearly explain why the project is 
eligible for the proposed Federal share. For planning projects under 
the Rural Ferry Program, the Federal share may not exceed 80

[[Page 27493]]

percent. For operating projects under the Rural Ferry Program, there is 
no maximum Federal share to a grant awarded under this program, 
however, the applicant must maintain the non-Federal funding levels 
described in section C of this notice.
e. Project Implementation Strategy
    Projects will be evaluated 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, 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. As such, 
applicants should submit information describing the project's 
anticipated path and timeline through the environmental review process. 
If the project will qualify as a Categorical Exclusion, the applicant 
must say so explicitly in the application. The proposal must also state 
whether grant funds can be obligated within 12 months from time of 
award, if selected, and if necessary, the timeframe under which the TIP 
and STIP can be amended to include the proposed project. Additional 
consideration will be given to projects for which grant funds can be 
obligated within 12 months from time of award.
    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.
f. 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

    FTA technical evaluation committees will evaluate proposals using 
the project evaluation criteria. FTA staff may request additional 
information from applicants, if necessary. After consideration of the 
findings of the technical evaluation committees, FTA will determine the 
final selection of projects for program funding. In determining the 
allocation of program funds, FTA may consider geographic diversity, 
diversity in the size of the transit systems receiving funding, walk-on 
vs. vehicle boardings for the impacted service, and the applicant's 
receipt of other competitive awards. FTA will also consider whether the 
project will include low or zero-emission ferries, including ferries 
using electric battery or fuel cell components and the infrastructure 
to support such ferries. FTA may consider capping the amount a single 
applicant may receive.
    After applying the above criteria, to address climate change and 
sustainability, FTA will give priority consideration to applications 
that are expected to create significant community benefits relating to 
the environment, including those projects that incorporate low or no 
emission technology or specific elements to address greenhouse gas 
emissions and climate change impacts. For facility projects, FTA will 
give priority consideration to applications that include elements to 
strengthen the resilience of the community and/or the transit system 
with regard to climate change.
    FTA will also provide priority consideration for applicants that 
describe how their projects support workforce development, job quality, 
and wealth creation as follows:
    Applicants for facility projects should identify whether they will 
commit to registered apprenticeship positions and use apprentices on 
the funded project, sometimes called an apprenticeship utilization 
requirement (e.g., requiring that a certain percent of all labor hours 
will be performed by registered apprentices). Applicants should also 
detail partnerships with high-quality workforce development programs 
with supportive services \2\ to help train, place, and retain 
underrepresented communities in jobs and registered apprenticeships on 
the project.
---------------------------------------------------------------------------

    \2\ Supportive services are critical to help women and people 
facing systemic barriers to employment be able to participate and 
thrive in training and employment. Supportive services may include 
dependent care, tools, work clothing, application fees and other 
costs of apprenticeship or required pre-employment training, 
transportation and travel to training and work sites, and services 
aimed at helping to retain underrepresented groups such as 
mentoring, support groups, and peer networking.
---------------------------------------------------------------------------

    In addition to the above, facility projects over $35 million in 
total project cost, should identify whether the project will use a 
Project Labor/Community Workforce Agreement and whether the recipient 
commits to participate in the U.S. Department of Labor's Office of 
Federal Contract Compliance Programs (OFCCP) Mega Construction Project 
Program if selected by OFCCP (see F.2.e. Federal Contract Compliance).
    FTA will also give priority consideration to projects that support 
the goals of the Justice40 Initiative, https://www.transportation.gov/equity-Justice40. In support of Executive Order 14008, applicants are 
encouraged to use the White House definition of ``Historically 
Disadvantaged Communities'' as part of USDOT's implementation of the 
Justice40 Initiative. Consistent with the Interim Implementation 
Guidance and its Addendum for the Justice40 Initiative, Historically 
Disadvantaged Communities include (a) certain qualifying census tracts 
identified as disadvantaged by the Climate and Economic Justice 
Screening Tool (CEJST): https://screeningtool.geoplatform.gov/ due to 
categories of environmental, climate, and socioeconomic burdens, and 
(b) any Federally Recognized Tribes or tribal entities, whether or not 
they have land. CEJST is a tool created by the White House Council on 
Environmental Quality (CEQ), that aims to help Federal agencies 
identify disadvantaged communities as part of the Justice40 Initiative 
to accomplish the goal that 40 percent of overall benefits from certain 
Federal investments reach disadvantaged communities. See https://screeningtool.geoplatform.gov/. Applicants should use the CEJST as the 
primary tool to identify disadvantaged communities (also referred to as 
Justice40 communities).
    Applicants are strongly encouraged to also use the USDOT Equitable 
Transportation Community (ETC) Explorer to understand how their 
community or project area is experiencing disadvantage related to lack 
of transportation investments or

[[Page 27494]]

opportunities and are encouraged to use this information in their 
application to demonstrate how their project will reduce, reverse, or 
mitigate the burdens of disadvantage. https://www.transportation.gov/priorities/equity/justice40/etc-explorer.
    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested, even if an 
application did not present a scaled project option. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable and can be completed with the amount awarded.

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; however, FTA intends to fund as many meritorious projects as 
possible. Due to funding limitations, projects that are selected for 
funding may receive less than the amount originally requested. In those 
cases, applicants must be able to demonstrate that the proposed 
projects are still viable and can be completed with the amount awarded.
    Recipients should contact their FTA Regional Office (https://www.transit.dot.gov/about/regional-offices/regional-offices) for 
additional information regarding allocations for projects under the 
Ferry Programs.

2. Administrative and National Policy Requirements

a. Pre-Award Authority
    At the time the project selections are announced, FTA will extend 
pre-award authority for the selected projects consistent with 2 CFR 
200.458. Except for continuations of projects selected under the FY 
2023 Rural Ferry Program, there is no blanket pre-award authority for 
these projects before announcement, and pre-award authority cannot be 
used prior to FTA issuance of pre-award authority. Note, for projects 
selected under the FY 2022 and FY 2023 Rural Ferry Program, pre-award 
authority is only permissible for activities included and approved in 
the application submitted to that competition. FTA does not provide 
pre-award authority for competitive funds until projects are selected 
and even then, there are Federal requirements that must be met before 
costs are incurred. For more information about FTA's policy on pre-
award authority, please see FTA's most recent Apportionment Notice.
b. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). All Passenger Ferry Program recipients 
and urbanized area Low-No Ferry Program recipients are subject to the 
grant requirements of the Urbanized Area Formula Grant program (49 
U.S.C. 5307). All rural area Low-No Ferry and Rural Ferry Program 
recipients are subject to the grant requirements of the Rural Area 
Formula Grant Program (49 U.S.C. 5311). Awardees are also subject to 
the following as applicable: FTA's Master Agreement for financial 
assistance awards, the annual Certifications and Assurances required of 
applicants, FTA Circular ``Urbanized Area Formula Program: Program 
Guidance and Application Instructions'' (FTA.C.9030.1E) or FTA Circular 
``Formula Grants for Rural Areas'' (FTA.C.9040.1G). All recipients must 
also follow the FTA Award Management Requirements Circular 
(FTA.C.5010.1) and the labor protections required by Federal public 
transportation law (49 U.S.C. 5333(b)). All these documents are 
available on FTA's website. Technical assistance regarding these 
requirements is available from each FTA regional office.
    By submitting a grant application, 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, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and 
3146-3148) as supplemented by Department of Labor regulations (29 CFR 
part 5, ``Labor Standards Provisions Applicable to Contracts Covering 
Federally Financed and Assisted Construction''). Further, 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.
    As authorized by section 25019 of the BIL, applicants are 
encouraged to implement a local or other geographical or economic 
hiring preference relating to the use of labor for construction of a 
project funded by the grant, including pre-hire agreements, subject to 
any applicable State and local laws, policies, and procedures.
c. Buy America and Domestic Preferences 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.

[[Page 27495]]

d. Civil Rights and Title VI
    As a condition of a grant award, grant recipients should 
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 (49 CFR part 21), the Americans with 
Disabilities Act of 1990 (ADA) (49 CFR parts 37, 38, and 39), section 
504 of the Rehabilitation Act, other civil rights requirements, and all 
implementing 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 grant 
recipients to ensure full compliance with Federal civil rights 
requirements.
e. 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 part 26). Projects that include ferry 
acquisitions are subject to the transit vehicle manufacturer (TVM) rule 
of the Disadvantaged Business Enterprise (DBE) program regulations (49 
CFR 26.49). The TVM rule requires recipients procuring transit 
vehicles, including ferries, to limit eligible bidders to certified 
TVMs. To become a certified TVM, a manufacturer of transit vehicles 
must submit a DBE program plan and annual goal to FTA for approval. A 
list of certified TVMs is posted on FTA's web page at https://www.transit.dot.gov/TVM. Recipients should contact FTA before accepting 
bids from entities not appearing on this list. In lieu of restricting 
eligibility to certified TVMs, a recipient may, with FTA's approval, 
establish project-specific goals for DBE participation in the 
procurement of transit vehicles. For more information on DBE 
requirements, please contact Monica McCallum, FTA Office of Civil 
Rights, 206-220-7519, [email protected].
f. Federal Contract Compliance
    As a condition of grant award and consistent with E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended), all Federally-
assisted construction contractors are required to make good faith 
efforts to meet the goals of 6.9 percent of construction project hours 
being performed by women, in addition to goals that vary based on 
geography for construction work hours and for work being performed by 
people of color. Under section 503 of the Rehabilitation Act and its 
implementing regulations, affirmative action obligations for certain 
contractors include an aspirational employment goal of 7 percent 
workers with disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP may 
identify construction projects that receive an award under this notice 
that have a project cost above $35 million to participate in OFCCP's 
Mega Construction Project Program. If selected and the applicant agrees 
to participate, OFCCP will ask selected project sponsors to make clear 
to prime contractors in the pre-bid phase that award terms may require 
their participation in the Mega Construction Project Program. 
Additional information on how OFCCP makes their selections for 
participation in the Mega Construction Project Program is outlined 
under ``Scheduling'' on the Department of Labor website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance. As authorized 
by section 25019 of the BIL, applicants are encouraged to implement a 
local or other geographical or economic hiring preference relating to 
the use of labor for construction of a project funded by the grant, 
including pre-hire agreements, subject to any applicable State and 
local laws, policies, and procedures.
g. Critical Infrastructure Security, Cybersecurity, and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against all hazards, 
including physical and cyber risks, consistent with Presidential Policy 
Directive 21--Critical Infrastructure Security and Resilience, and the 
National Security Memorandum on Improving Cybersecurity for Critical 
Infrastructure Control Systems. Each applicant selected for Federal 
funding must demonstrate, prior to the signing of the grant agreement, 
effort to consider and address physical and cyber security risks 
relevant to the transportation mode and type and scale of the project. 
Projects that have not appropriately considered and addressed physical 
and cyber security and resilience in their planning, design, and 
project oversight, as determined by the Department and the Department 
of Homeland Security, will be required to do so before receiving funds. 
FTA implements this requirement as follows:
    Pursuant to 49 U.S.C. 5323(v), a recipient that operates a rail 
fixed guideway public transportation system must certify that the 
recipient has established a process to develop, maintain, and execute a 
written plan for identifying and reducing cybersecurity risks. 
Recipients subject to this requirement must:
    1. Utilize the approach described by the voluntary standards and 
best practices developed under section 2(c)(15) of the National 
Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as 
applicable;
    2. Identify hardware and software that the recipient determines 
should undergo third-party testing and analysis to mitigate 
cybersecurity risks, such as hardware or software for rail rolling 
stock under proposed procurements; and
    3. Utilize the approach described in any voluntary standards and 
best practices for rail fixed guideway public transportation systems 
developed under the authority of the Secretary of Homeland Security, as 
applicable.
    For information about standards or practices that may apply to a 
rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.
    TSA issued Security Directive 1582-21-01B, ``Enhancing Public 
Transportation and Passenger Railroad Cybersecurity'' on October 24, 
2023. The Security Directive, which extends previous Security 
Directives, applies to all public passenger rail owners and operators 
identified in 49 CFR 1582.101, requires four critical actions:
    1. Designate a cybersecurity coordinator who is required to be 
available to TSA and the DHS's CISA at all times (all hours/all days) 
to coordinate implementation of cybersecurity practices, and manage of 
security incidents, and serve as a principal point of contact with TSA 
and CISA for cybersecurity-related matters;
    2. Report cybersecurity incidents to CISA;
    3. Develop a Cybersecurity Incident Response Plan to reduce the 
risk of operational disruption should their

[[Page 27496]]

Information and/or operational technology systems be affected by a 
cybersecurity incident; and
    4. Conduct a cybersecurity vulnerability assessment using the form 
provided by TSA and submit the form to TSA. The vulnerability 
assessment will include an assessment of current practices and 
activities to address cyber risks to information and operational 
technology systems, identify gaps in current cybersecurity measures, 
and identify remediation measures and a plan for the owner/operator to 
implement the remediation measures to address any vulnerabilities and 
gaps.
    Applicants subject to the Directive must certify compliance with 
the directive to receive the grant award.
    In addition, TSA issued IC-2021-01, ``Enhancing Surface 
Transportation Cybersecurity'', dated December 31, 2021, which applies 
to each passenger railroad, public transportation agency, or rail 
transit system owner/operator identified in 49 CFR 1582.1. This 
circular provides the same four recommendations for enhancing 
cybersecurity practices listed above. While this document is guidance 
and does not impose any mandatory requirements, TSA strongly recommends 
the adoption of the measures set forth in the circular.
    Finally, on February 10, 2023, FTA published a Cybersecurity 
Assessment Tool for Transit (CATT) (https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt). This 
tool was developed with the goal to onboard public transit 
organizations to develop and strengthen their cybersecurity program to 
identify risks and prioritize activities to mitigate these risks.
h. Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and MPOs in areas likely to be served by 
the project funds made available under these initiatives and programs. 
Selected projects must be incorporated into the long-range plans and 
transportation improvement programs of States and metropolitan areas 
before they are eligible for FTA funding. As described under the 
evaluation criteria, FTA will consider whether a project is consistent 
with or already included in these plans when evaluating a project.
i. 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.
j. Performance and Program Evaluation
    As a condition of grant award, grant recipients may be required to 
participate in an evaluation undertaken by DOT or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. As a part of the evaluation, as a condition of award, grant 
recipients must agree to: (1) make records available to the evaluation 
contractor or DOT staff; (2) provide access to program records, and any 
other relevant documents to calculate costs and benefits; (3) in the 
case of an impact analysis, facilitate the access to relevant 
information as requested; and (4) follow evaluation procedures as 
specified by the evaluation contractor or DOT staff.
    Recipients and subrecipients are also encouraged to incorporate 
program evaluation including associated data collection activities from 
the outset of their program design and implementation to meaningfully 
document and measure their progress towards meeting an agency priority 
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act 
of 2018 (Evidence Act), Public Law 115-435, urges Federal awarding 
agencies and Federal assistance recipients and subrecipients to use 
program evaluation as a critical tool to learn, to improve equitable 
delivery, and to elevate program service and delivery across the 
program lifecycle. Evaluation means ``an assessment using systematic 
data collection and analysis of one or more programs, policies, and 
organizations intended to assess their effectiveness and efficiency.'' 
5 U.S.C. 311. Credible program evaluation activities are implemented 
with relevance and utility, rigor, independence and objectivity, 
transparency, and ethics (OMB Circular A-11, part 6 section 290).
k. Project Signage and Public Acknowledgements
    Recipients are encouraged for construction and non-construction 
projects to post project signage and to include public acknowledgments 
in published and other collateral materials (e.g., press releases, 
marketing materials, website, etc.) satisfactory in form and substance 
to DOT, that identifies the nature of the project and indicates that 
``the project is funded by the Bipartisan Infrastructure Law.'' In 
addition, recipients employing project signage are required to use the 
official Investing in America emblem in accordance with the Official 
Investing in America Emblem Style Guide. Costs associated with signage 
and public acknowledgments must be reasonable and limited. Signs or 
public acknowledgments should not be produced, displayed, or published 
if doing so results in unreasonable cost, expense, or recipient burden. 
The Recipient is encouraged to use recycled or recovered materials when 
procuring signs.

3. Reporting

    Post-award reporting requirements include the electronic submission 
of Federal Financial Reports and Milestone Progress Reports. Applicants 
should include goals, targets, and indicators referenced in their 
applications to the project in the Executive Summary of the TrAMS 
application. Recipients or beneficiaries of funds made available 
through this NOFO are also required to regularly submit data to the 
National Transit Database. National Transit Database reports include 
total sources of revenue and complete expenditure reports for all 
public transportation operations, not just those funded by this 
project. Applicants partnering with a private operator should ensure 
that the private operator will meet all the comprehensive reporting 
requirements of the National Transit Database.
    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, 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

[[Page 27497]]

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 part 200.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact 
[email protected], or Vanessa Williams, by phone at (202)-366-
4818 or Sarah Clements at (202) 366-3062. A TDD is available for 
individuals who are deaf or hard of hearing at 800-877-8339. In 
addition, FTA will post answers to questions and requests for 
clarifications on FTA's website at https://www.transit.dot.gov/grants/fta-ferry-programs. 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

    User-friendly information and resources regarding DOT's 
discretionary grant programs relevant to rural applicants can be found 
on the Rural Opportunities to Use Transportation for Economic Success 
(ROUTES) website at https://www.transportation.gov/rural.
    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;'' and (3) 
highlight or otherwise denote the confidential content on each page. If 
FTA receives a Freedom of Information Act (FOIA) request for 
information marked as confidential business, commercial or financial 
information, FTA will provide notice according to DOT's FOIA regulation 
at 49 CFR 7.29. Only information that is segregated and marked in 
accordance with this section will be considered for said exemption 
under FOIA.

Veronica Vanterpool,
Acting Administrator.
[FR Doc. 2024-07845 Filed 4-16-24; 8:45 am]
BILLING CODE 4910-57-P